ENIDH - GP/GTL - Artigo Científico
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- The liability emerging from the Maritime Safety Law and the importance of the I.S.M. Code – the MSC Patricia oil spill court case in Sines (Portugal)Publication . Faria, Duarte LynceO aprofundamento e o desenvolvimento das regras de segurança marítima têm como consequência a eliminação progressiva das cláusulas de isenção ou de limitação da responsabilidade, designadamente, no regime internacional de responsabilidade por danos causados por derrames no meio marinho e na aplicação de fundos de indemnização. Ao mesmo tempo que minimizam os "riscos" e os erros, o respeito pelas normas de segurança marítima reforça a luta contra as "ameaças" e limita a aplicação das cláusulas de exoneração e de limitação da responsabilidade. Estes instrumentos estão presentes, entre outros, nas convenções relativas à poluição resultante de derrames de hidrocarbonetos e nas convenções relativas ao transporte marítimo de mercadorias. O Código I.S.M., quando utilizado como referência para qualificar a conduta em causa, tem um impacto significativo na avaliação da responsabilidade civil pelas seguradoras e na responsabilidade penal. Este facto é particularmente evidente nos julgamentos dos derrames mais graves, incluindo o recente caso do N/M "Patrícia" em Sines, em outubro de 2016. Com as novas técnicas e os modernos equipamentos a bordo dos navios, o carácter cada vez mais exigente da sua gestão obriga a uma nova abordagem das cláusulas de exoneração (da responsabilidade civil e dos seus limites), considerando as principais referências internacionais e os padrões de qualidade e de boas práticas a bordo.
- The Maritime Liability of StatesPublication . Faria, Duarte LynceThis article covers the maritime liability of states, focusing on their roles and responsibilities as the flag state, the coastal state and the port state. It emphasises the need for closer cooperation between coastal and port states and the International Maritime Organization (I.M.O.) toaddress third-party competencies concerning the flag state. The text also elaborates on the obligations of flag states and agreements with recognised organisations (R.O.), including the mandatory need to comply with international standards for maritime safety, navigation safety, marine environment protection, and crew living and working conditions. It further highlights the crucial role of flag states in establishing and maintaining an effective control system over their ships to ensure compliance with allinternational standards and regulations. In conclusion, the research calls for strict enforcement of flag state obligations to ensure maritime safety, prevent pollution from ships and maintain proper shipboard living conditions.
- The EU Emission Trading System Tax Regime and the Issue of Unfair Maritime CompetitionPublication . Faria, Duarte Lyncehis article starts by providing an updated literature review and the EU legislative framework concerning reducing carbon emissions in the maritime industry as part of the European Green Deal (EGD). It specifically examines the EU Emission Trading System (ETS) tax regime. This document then analyses the current factors influencing ships’ decisions to avoid stopping at hub ports and going to neighbouring Mediterranean countries, such as North Africa and Turkey. In the discussion section, this study presents various suggestions for updating EU laws or expediting the collection and analysis of data to prompt the Commission to take appropriate actions to prevent unfair competition between EU and non-EU ports. This study focuses on identifying the most effective solutions within the EU legislative framework to address the need for the Commission to take legitimate action to prevent ships from bypassing EU hub ports. These solutions can be further developed alongside initiatives at the International Maritime Organization (IMO), and certain provisions can be adjusted at the EU level. The IMO’s call for a carbon fee on bunkering exacerbates the existing challenges. Preventive measures must be implemented to control the diversion of shipping traffic from EU hub ports, ensure fair treatment of EU ports involved in transhipment, and prevent carbon leakage. Moreover, the recent Houthi attacks in the Red Sea have significantly increased shipping costs on the route around the Cape of Good Hope to Europe, necessitating increased allowances for traffic to and from Europe.
- Fuzzy-Set QCA on Performance and Sustainability Determinants of Ports Supporting Floating Offshore Wind FarmsPublication . Caldeirinha, V.; Felício, J. A.; Pinho, T.; Rodrigues, R.The present study explores the relationship between the characteristics, performance, and sustainability of ports that will, in the future, support the logistical chains of new floating offshore wind farms, considering the crucial advancement and expansion of the offshore wind energy sector for the transition to a low-carbon economy. Through a detailed analysis, which includes international case studies in America and Europe utilizing expert interviews and quantitative methods through surveys, the importance of the location, new types of infrastructure and superstructure, and new planning and governance models for the performance and sustainability of ports that will be involved in this new energy industry is highlighted. Also, the context in which ports associated with floating wind turbines are located influences the performance and sustainability. This research employs Fuzzy-Set Qualitative Comparative Analysis (fsQCA), based on a survey of 22 European sector company experts, to emphasize the critical port characteristics for the performance and sustainability. This study reveals the significant contribution of supporting ports for the future floating offshore wind sector for the gross added value and the expansion of regional employment, and the need for new planning, construction, operation, and management models for ports instead of the traditional models applied to simple cargo loading and unloading ports, offering valuable new insights for port managers, policymakers, and academics. However, a future research trajectory with a more geographically diverse sample is suggested to enhance the applicability and generalizability of the results.
- How do sustainable port practices infuence local communities’ perceptions of ports?Publication . Felício, J.; Batista, M.; Dooms, M.; Caldeirinha, V.The symbiotic relationship between ports and cities in spatial, social, and cultural terms is fundamental in tackling new transport, urban, and environmental challenges. A positive perception of port clusters within local communities is increasingly becoming a source of competitive advantage for the further development of port clusters and regions. This research examines how the economic, social, and environmental practices of port-managing bodies influence such perceptions and ensure the sustainable development of port clusters and regions. We define sustainable port practices and measure their impact on perceptions of ports. We apply structural equation modeling (SEM) to data from 256 survey responses. The results confirm the importance of sustainable port practices in influencing perceptions. Communication with local communities; the participation of the latter in port management; and investment by the port in local development are key sustainable port practices. The study also confirms the moderating influence of the characteristics of the port region and port cluster.
- Covid-19 in Portugal - Economical consequences (an approach)Publication . Silva, A. L.This work intends to show how the pandemic SARS-CoV-2, responsible for the disease Covid-19, has affected all the world in several domains, also, differently from country to country. In particular, the way it has affected the Portuguese life, mainly concerning the country’s Economy. It also shows the evolution of the transmissibility rate, the numbers of infected cases and deaths as well as the vaccination plan in Portugal, which was a case of success due the implementation of a Task Force with that focus. Knowing that different factors are contained in Economic concept, such as health, GDP, inflation, employment (most of it could be affected by Lockdown measures), tourism flow among others. An approach related to the evolution of the disease in Portugal will be presented in this article.
- Perceção das Comunidades Locais Sobre Práticas Portuárias Sustentáveis.Publication . Caldeirinha, V.; Batista, M.; Felício, J.; Dooms, M.A percepção positiva do cluster portuário pelas comunidades locais é uma vantagem competitiva e facilita a licença social de operação e expansão do porto. Pretendemos compreender as práticas econômicas, sociais e ambientais dos gestores portuários que influenciam a percepção das comunidades locais e asseguram o desenvolvimento sustentável do cluster portuário. Definimos as práticas portuárias sustentáveis, medimos o seu impacto na percepção das comunidades locais e verificamos a influência moderadora das características da região e do cluster portuário. Utiliza-se o inquérito enviado aos stakeholders portuários e cidadãos portugueses. Uma amostra de 262 respostas suporta a metodologia com base no modelo de equações estruturais (SEM). Os resultados indicam a importância das práticas portuárias de controle do impacto do porto na região, comunicação do porto com a região, participação da região na gestão do porto e investimento portuário no desenvolvimento da região na influência da percepção das comunidades locais.
- Impact Of Human Capital On The Portuguese Economy Mediated By Intellectual PropertyPublication . Rosário, Cátia; Costa, António Augusto; Silva, Ana LorgaHuman capital and innovation are essential for the growth and development of nations. Human capital is an essential factor of production, being a positive externality that affects the economy in many ways and one of them is through its impact on innovation. The study presented refers to Portugal, between 2000 and 2015, with the main objective of analyzing the influence of human capital on the Portuguese economy through the results of innovation. Through the use of structural equation models, it was possible to establish a causal relationship between the following dimensions: • Human Capital, which is the result of a latent factor, considered as the cause of the variables observed with regard to the number of graduates in different areas of education. • Economic Growth, where the Gross Domestic Product was used as a measure. • Innovation results, which were measured through intellectual property, more specifically, through the registration of patents, brands and designs. In the model obtained, the results of innovation were used as moderating variables, allowing the analysis of the indirect impact of human capital on economic growth. This way, it is possible to conclude about the relationship between the mentioned variables, highlighting the importance of economic measures taken in terms of education, science and technology, contributing to the promotion of innovation in Portugal.
- Construction of Social Sustainability in Milk Production Systems in Central MexicoPublication . Ruiz-Torres, M. E.; Lorga da Silva, A.; Arriaga-Jordán, C. M.; Martínez-Castañeda, F. E.Objective: To build mathematical models to evaluate the social sustainability of small-scale milk production systems. Design/Methodology/Approach: Thirty small-scale cowsheds were analyzed. Two models were built using multivariate regression, estimated with ordinary least squares and considering the factors that producers perceive as important for social sustainability. Results: The first model (ER) included tangible variables and the second intangible variables (SR). Both models explained more than 80% of the variables associated with social sustainability. Study Limitations/Implications: The results represent an effort to link the statistical analysis with qualitative data that is difficult to quantify. Conclusions: The ER and SR models represent a proposal for counting immaterial indicators so they can be incorporated into the sustainability analysis. Both models could be a methodological proposal to connect statistical data with purely qualitative data such as perception.
- The complexity paradigm Towards a model for the analysis of social systems and problemsPublication . Parreira, Artur; Silva, Ana Lorga daThe article proposes the complexity paradigm as an innovative reasoning for analyzing problems in behavioral sciences. It begins to explain the contributions of the major authors of the complex reasoning paradigm: Gödel, Prigogine and Morin. They offer the basis to a model of analysis and assessment of complex systems and problems (ACSIP Model). The four postulates of the Model are explained, emphasizing the principal hypothesis of the Model – the level of cognitive operations is the most important factor of complexity of a system; then to understand it, the cognitive level of analysis must be at minimum equal to that of the system or the problem under analysis. In the second part the article, an illustrative application of the ACSIP Model is applied to the analysis of the SDG 9 from the UN 20/30 agenda, showing the analysis of a complex problem, guided by the complexity reasoning model. Following that, an empirical research is presented, to verify the hypothesis underlying the fourth postulate of the model. The results confirm the hypothesis: the use of information by a group is inversely proportional to the use of power (authority). These results allow us to conclude that the complex reasoning paradigm is a promising tool to obtain synergic results in the scientific analysis and resolution of concrete social problems and to face the complex challenges brought by artificial intelligence systems.
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