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两句话,求翻译

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发表于 2013-3-13 16:09 | 显示全部楼层 |阅读模式 来自: 中国福建宁德
the first question must always be whether any legally binding contract has been made,for until that issue is decided a Court cannot properly decide what extra terms if any must be implied into what is ex hypothesi a legally binding bargain,as being both necessary and reasonable to make that legally binding bargain work
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发表于 2013-3-13 16:36 | 显示全部楼层 来自: 中国广东广州
飘过~~~~~~~~
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发表于 2013-3-13 16:47 | 显示全部楼层 来自: 荷兰
这英语够烂的,不好好说话非要用这么多转接词。估计是用软件写出来的吧
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发表于 2013-3-13 17:11 | 显示全部楼层 来自: 中国云南昆明
坐等高人翻译
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发表于 2013-3-13 17:29 | 显示全部楼层 来自: 中国浙江台州
第一位的问题必须永远是是否签定了具有法律效力的合同,因为这个问题如果没有解决,法庭就无法恰当地裁决一份据认为是具有法律效力的契约中是否还暗含了、以及暗含了什么样的条款,而这对于具有法律约束力的契约生效既是必须的、也是合理的

仅供英语学习探讨,不做他用
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 楼主| 发表于 2013-3-14 06:49 | 显示全部楼层 来自: 中国福建宁德
大将 发表于 2013-3-13 17:29
第一位的问题必须永远是是否签定了具有法律效力的合同,因为这个问题如果没有解决,法庭就无法恰当地裁决一 ...

多谢将哥
您是我的偶像
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 楼主| 发表于 2013-3-14 08:56 | 显示全部楼层 来自: 中国福建宁德
大将 发表于 2013-3-13 17:29
第一位的问题必须永远是是否签定了具有法律效力的合同,因为这个问题如果没有解决,法庭就无法恰当地裁决一 ...

还有下半句,没打出来,比上句简单点、
It is not correct in principle, in order to determine whether there is a legally binding bargain, to add to those terms which alone the parties have expressed, further implied terms upon which they have not expressly agreed and then by adding the express terms and the implied terms together thereby create what would not otherwise be a legally binding bargain.
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发表于 2013-3-14 08:59 | 显示全部楼层 来自: 中国浙江宁波
你用在线翻译一下,如果不是专业应该可以翻译出来的
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发表于 2013-3-14 09:36 | 显示全部楼层 来自: 中国浙江台州
如果结合上这一句,看来前一句的翻译也需要修正
第一位的问题必须永远是是否签定了具有法律效力的合同,因为这个问题如果没有解决,法庭就无法恰当地裁定一份据认为是具有法律效力的契约中是否还必然暗含了、以及暗含了什么样的必须且合理、舍此则无法令该具有法律约束力的契约成立的条款。
为了确定是否存有具法律约束力的契约而在各方业已明示的条款之外引申出未曾明示约定的暗含条款,然后将明示条款和引申条款加在一起以构成一份非此则不具备法律约束力的契约,这在原则上讲是不正确的。

很漂亮的逻辑性,复杂、困难,但有趣

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发表于 2013-3-14 09:39 | 显示全部楼层 来自: 中国浙江台州
wangying7890 发表于 2013-3-14 08:59
你用在线翻译一下,如果不是专业应该可以翻译出来的

请恕我难以赞同,如果你真的试着把这些话弄进在线翻译,我敢打赌出来的文字连它妈妈也不认得
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发表于 2013-3-14 22:26 | 显示全部楼层 来自: 中国江苏无锡
看得我一头雾水,大将是牛人。
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 楼主| 发表于 2013-4-4 10:46 | 显示全部楼层 来自: 中国福建宁德
船舶BROKER排名,你知道的有几家?
Brokers by the dozen

It’s a tough job but someone has got to do it – here are our top 12 shipbroking companies

PUT simply, shipbroking is not as easy it used to be. The newbuilding boom might have seen a huge surge in the number of ships on the water needing to be chartered and sold but it has also caused a dramatic plunge in freight rates and subsequently brokers’ commissions. We have expanded our list this year to create a broker’s dozen, which is not to be confused with a baker’s dozen.

1. Clarksons – Andi Case

Regarded across the industry as the biggest shipbroker, Clarksons and its chief executive Andi Case have retained their top spot on our list in 2012. Despite the departure of the brand’s most famous spokesman Martin Stopford in May, the broker’s dominance in the global market remains due to its head count, geographical spread and coverage across all sectors.

2. RS Platou – Peter Anker

There might not have been much movement on RS Platou’s previous plans to go public but the Peter Anker-led Norwegian broking and financial services group continues to strengthen its portfolio. Positioned well for the gas and offshore boom, the group has expanded into key growth markets and building its research and equity offering.

3. Braemar Shipping Services – James Kidwell

A change at the top for Braemar Shipping Services this year, with the London-listed group now headed up by chief executive James Kidwell – formally the financial director. Former head Alan Marsh has returned to the sale and purchase desk, while the broking business is now being run by Sebastian Davenport-Thomas.

4. ICAP Shipping – Henry Liddell

Seeing the most upward movement on our list this year is ICAP Shipping, the maritime division of the world’s largest interdealer broker, due to its expansion into emerging markets through acquisitions. In 2012, chief executive Henry Liddell has led two major purchases – Singapore-based tanker specialists Island Shipbrokers and CTI Shipbrokers in India and Dubai, which focus in dry bulk , tankers, sale and purchase and offshore. Today, global staff numbers total almost 230, including 73 acquired through the two deals.

5. SSY – John Welham

Low-profile Simpson Spence & Young continues to offer strong broking and research services, particularly in its specialist area of dry bulk. SSY has made a name for itself as the go-to source for port congestion information, with its capesize and panamax data much sought after.

6. Maersk Broker – Jørn Steen Nielsen

Sticking in the middle of our list this year is Copenhagen-headquartered Maersk Broker. Despite namesake Maersk Line opening up container business to rival brokers Clarksons and Howe Robinson last year, it still has gravitas in the box broking sector as well as dry bulk and tankers.

7. Poten & Partners - Michael Tusiani

Well-positioned for the North America oil and gas boom is New York-headquartered Poten & Partners, headed up by Michael Tusiani, which has moved up our list this year. The company has built up a reputation for top quality broking and research on the energy sectors, particularly with regard to tankers and gas carriers. The employee-owned company known for its leading presence in the asphalt market.

8. Gibson – Nigel Richardson

Managing director Nigel Richardson continues to head up the private broking arm of publicly-listed energy services provider Hunting. Strong on tankers, specialist cargoes and gas, Gibson is on speed-dial for many people in the shipping industry looking for energy expertise. Its strong research team, sale and purchase desk and dry bulk business compliment

9. BRS – Tim Jones

Barry Rogliano Salles chief executive Tim Jones looks after almost 200 employees across its headquarters in France as well as other offices around the world. Well-positioned, the Neuilly-based company works across the eight main areas of broking – newbuilding, offshore, sale and purchase, dry bulk, containerships, tankers, chemicals and gas.

10. ACM Shipping – Johnny Plumbe and James Gundy

Johnny Plumbe has recently passed on the chief executive baton to James Gundy, who has been with London-listed ACM for 18 years and has headed up its very large crude carrier desk. Plumbe has not left the building though, and is now executive chairman, ensuring that his 37 years of broking experience is still put to good use.

11. McQuilling Partners – John Schmidt

Just a look at the US-headquartered McQuilling group’s office locations hints at where the broking services group sees growth opportunities – its Singapore-based business has rapidly grown over the last two years and four of its nine global offices are located in Central or South America, including Caracas, Lima, Mexico City and Rio de Janeiro.

12. Howe Robinson – Daniel Lewis & Peter Kerr Dineen

Maintaining a low profile is dry bulk and container specialist Howe Robinson. Well known for their boxship expertise and also knowledge in the grains market, this global company has a great reputation.
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 楼主| 发表于 2013-4-19 10:30 | 显示全部楼层 来自: 中国福建宁德
压载水处理的装置的博弈
The Gimcrack Convention,that's what it is. There can be no more appropriate phrase to describle the mandatory installation of a new piece of kit that is expensive to run, energy consuming, unproven , impossible to test and offers absolutely no return on investment.

What's more it has been agrued that the ratification of the international Ballast water Management Convention and the requisite installation if treatment plant is unlikely to have any major impact on the movement of non-indigenous aquatic species, since the migration if marine organisms  will continue as sea tempetrature rise with global warming. Indeed, there is documented evidence suggesting that species migration has actually restored one US lake to having a self-sufficient ecosystem. It has also been claimed that since the implementation of the ballast water exchange programme, there has not been one reported migration case listed within 200miles of the US coast

So it is of no surprise then that the International Ballast Water Management Convention is anathema to shipowners throughout the world , manay of whom believe the Convention conflicts with initiatives to cut emissions and optimise energy efficiency.(It has been estimated that a power increase of between 10 and 30% would be required to run a treatment plant) But what galls shipowners the most is that at no point during the decisionmaking process have they been invited to the table to offer insight.

Echoing the sentiments of a number of shipowners/shipmanagers we contracted in the furtherance of this report, Chris  Gold sworthy,fleet manager for Bernard Schulte Shipmengement (Cyprus) ,says that since the introduction of a ballast water management   plant will impact both financially and operationally  on the shipping industry as a whole,'surely it would have been beneficial from the outset to have involved the shipowners/shipmanagers in the development of the proposal ?We are the ones that will have to make it work or face the expected heavy financial penalties.'

It has been estimated that over 70 000 vessels need to be fitted with a treatment plant, costing the industry upwards of $38bn- a figure that could find scrapping vessels a more financiallly attractive option.

Indeed, a number of speakers presenting papers at the recent IMarEST-organised conference on the Covention pointed  out the economic viability of retiring a ship rather than absorbing the capital and operating costs of a ballast water treatment plant that would only be used for a few years.

Additionally, banks may not provide finance for systems because it does not provide a return on investment , instead forcing the shipowner to pay outright. However, whilst premature scraping of ships will ease the ballast water treatment plant installation problem-likely to require up to 40 installations a day once the convention has been ratified -it could have an unforeseen impact on the would fleet.

Someone from a classification society highlighted another potential problem:human resources.'We do not have boxes full of engineers ready to be unpacked at a moment's notice to satisfy the short term surge in demand for installation of ballast water systems,eapecially as there is still considerable doubt as to the shape and timing of  the demand profile,' he said . Human resources are important, not only for installation, but also for operation and maintance. There is a huge education effort required to train the crews of all the ships that are going to be installed with a variety of new ballast water treatment plants.

However, it was the issue of sampling that left most shipowners at the conference with more questions and even fewever answers. In his report on the conference, prepared on behalf of IMarEST, University College London's Dr Alistair Greig writes:'Compliance with the Convention and verification of compliance was a major topic with many speakers questioning the praticalities of following the requirements to the letter. To do this would require a significant resource to collect representative samples(with what constitutes a representative sample still open to debate)from numerous tanks and then have enough experts, with appropriate laboratory facilities, to test the samples. One issue high lighted by biologists was the difficulty of determining if an organism was viable. This may require more than one expert given the huge variety of life that will be encountered which include; viruses,bacteria, human pathogens, phytoplankton, zooplankton all in different developmental stages (adults, aysts , eggs, resting stages, larvae etc.).The global diversity, and whether the species are from fresh water, coastal waters or open ocean waters also needs to be considered. The required testing could take many hours or even days depending upon the location, the capacity of the laboratory and the degree of complicance expected(will each port be required to have its own laboratory  for example?).'

It was furthered that if sampling is undertaken in large ports, such as Singapore, the sheer volume of water to be processed could see ships delayed in port for much longer than their typical 6-8h turnaround times.

'One of the problems with the Convention,'Greig's report states,'is that it was written before there was any experience with sampling or before ballase water treatment technology was developed.Yet the guidance produced is more comprehensive than in any other convention. When written it was a "best guess"of the world's experts.Some of the guidence will have to be revisited once the convention comes into force.However,the knowledge that there will be amendments results in a level of uncertaintY and all those involved are, as such, slightly less willing to commit to any decision that might be affected as a result of the as yet defined potential amendments.

'The ideal solution for sampling is a simple tool, like a breathalyser, that can quickly test a sample at the collection point.This is seen as the ultimate technological goal,but is still some way off.This may make the enforcement task easier and eliminates the tolerance debate.The feeling seems to be that proving gross non-compliance is more realistic than trying to prove full compliance and that port State Control may be able to rely on this alongside a type approval certificate and proof that the system and is operating properly.'

Since the Convention has yet to be ratified and with so many issues remaining unresolved . the proposals could be shelved in favour of less complicated and costly treatment methods.

Like a number of the industry's luminaries, InterManager's secretary-general Captain Kuba Szymanski believes ballast water treatment  should be carried out port-side. To him,it's a no-brainer.'If we were to install ballast water treatment plants ashore in the world's 8000 ports we would save the cost of installing systems om 70 000 ships.It is also easier to sample the water ashore. The only issue is that ports are outside of IMO jurisdiction.But from a global point  of view we would save a lot of money,a lot of energy, a lot of emissions',Szymanski tells Shipping World& Shipbuilder.

InterManager is currently preparing a report on this and will submit it to IMO within the next few weeks. Similarly, the Sanish Shipowners' Association is investigating the potential of portside facilities and is expected to back the notion.

Columbia Shipmanagement's technical director, Eddie Buknall, is also behind the concept. 'If anyone is really serious about ballast water treatment, then do the treatment ashore. Done aborad a ship will Not work,'he asserted at the IMarEST conference.

Bucknall also proposed that fresh water could be used as ballast and transported to arid areas were freshwater is scarce.He believe that ships routes could be revised so that freshwater is taken as ballast from areas were the resource is plentiful and discharged in regions where it is short supply.If river water,treated sewage etc was used as ballast it could be used in arid countries for irrigation rather than discharged to sea.The extra port infrastructure and pumping costs would be offset by the non-requirement to treat the ballast water. It would also reduce tank corrosion, he says.

One of his presentation slides offered twenty reasons why ports and freshwater  ballasting should be given serious consideration. These are :
1.Only the shore can carry out accurate sampling;
2.Only the shore can carry out testing which will be accurate and acceptable
3.Ballast water with an appreciable salinity difference will kill most marine organisms;
4.Freshwater irrigation quality is available in many ports of the world;
5.Freshwater carried in ballast tanks will reduce corrosion. This will make ships last longer and safer;
6.Arabian Gulf areas are badly in need of water(see attached newspaper cutting);
7.Irrigation ballast water could be very welcome in many areas of the world;
8.Ballast water of known quality and certified from ashore could be accepted by a port in advance. There is no probability of port officials making illegal cash out of ballast water;
9.Any new country legislation could be takern care of. The USA can define their requirements to  a port operator prior to a ship being traded;
10.Ships will not have to change their plant every time new legislation is imposed;
11.Far  fewer plants will be required;
12.Ports can easily provide the personnel to operate treatment plants and make money out of the treatment;
13.Ballast voyages for tankers and bulkers could become profitable.Reduction of wasted fuel for the ballast run;
14.The chance of invasion will be reduced as ships will have certified clean ballastr. Re-growth in tanks will not take place;
15.Ships machinery space will be safer without the need for extra aea water popes;Design today have  minimum SW pipes  especially with all the electronics fitted. Seawater pipes represent a potential hazard;
16.Ships crew will not have additional equipment,less workload;
17.Legally at the present time it would be almost impossible to make a case  against a vessel for untreated ballast.Unless it was a very blatant case;
18.The extent of damage caused by untreated ballast from a ship is impossible to define.
19.Insurance cover for a violation and invasion would be impossible;
20.There is no manufacturing capacity  out there to meet the 70 000 plants required. Where as if ports were to be equipped, there is plenty if manufacturing capacity to meet this far smaller requirement.

Now that the Convention is unlikely to be ratified until 2013.even 2014,regulators have the chance to open up the debating chamber to shipowners. Regulators also have the opportunity to rip up the proposals and start again!
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 楼主| 发表于 2013-4-19 10:32 | 显示全部楼层 来自: 中国福建宁德
2013.4.18船市
化学品油轮市况有望复苏
据分析 ,全球化学品油轮的船队增加率逐步下降,到2014年之后,市况会渐进的恢复。在船
队增加率的下降、海上吞吐量的上升等情况下,以后油轮市场展望为积极。
根据意大利船舶经纪机构Banchero Costa表示,化学品油轮的新订单量供给约170艘、350万DWT,占原有船队的约6%。还在过去4年间,年均约有180万DWT规模的化学品船实施拆解,预计在2013年的船队增加率或不到1%,甚至在2014年的船队增加率可能呈现出负增长势头。

在好景时机的2008年,其交付量供计600万DWT以上,消除拆解销售量的净船队增加率同比增加15%。在2005-2007年的净增加率年均约10%。
根据Banchero Costa公司报告,2011年及2012年的化学品船净增加率分别为4%、1%,虽然因过去好景时期所实施的过多投资项目,正处在困境,但在过去2-3年间,订单量大幅下降,其在很大程度上帮助了船队增加率的下降。
同时,2013-2014年化学品的海上运输量有可能上升到在过去20年间平均增长率的5%水平,在这一期,有可能全部吸收剩余的船队,包租市场也有可能随之进一步活跃。
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发表于 2013-4-19 10:36 | 显示全部楼层 来自: 中国山东烟台
大将 发表于 2013-3-13 17:29
第一位的问题必须永远是是否签定了具有法律效力的合同,因为这个问题如果没有解决,法庭就无法恰当地裁决一 ...

高!{:2_44:}
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发表于 2013-4-19 10:52 | 显示全部楼层 来自: 中国广东中山
厉害!!!
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发表于 2013-5-2 07:37 | 显示全部楼层 来自: 中国浙江台州
英语字面翻译是死的东西啊,在一定语境中中的语意就直接出来了
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发表于 2014-2-11 21:05 | 显示全部楼层 来自: 中国辽宁丹东
大将 发表于 2013-3-14 09:36
如果结合上这一句,看来前一句的翻译也需要修正
第一位的问题必须永远是是否签定了具有法律效力的合同,因 ...

将哥高手!!!
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