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Abstract

This essay presents the legal concept of a "second register" in the Polish Republic, called the Register of International Shipping. The author analyses the phenomenon of "second registers" as forms of supporting national fleets and draws attention to the fact that this is a reaction of traditional maritime states to the development of open registers in flag-of-convenience states. The author attempts to classify various maritime registers in shipping practice. He places particular emphasis on the register policy of the EU. This is an expression of support for their own fleets by member states. The author refers to international principles relating to the registration of ships contained in the 1986 UNCTAD Convention relating to conditions of registering vessels. In detail the essay discusses Polish regulations concerning the affiliation of ship and register, contained in the new maritime Code of 18 September 2001. He sets out clearly the "openness" of the Polish shipping register and the potential ease with which a vessel may assume the Polish flag. Part of this study is made up of extracts from the author's own project for legislation concerning a Register of International Shipping. In the light of this project, a Polish "second register" would become a supplementary register of a special kind, closely linked with the basic, national shipping register. The basic purpose of the register would be to increase the international competitiveness of Polish ship-owners, by creating for them a range of tax advantages and other preferential treatment. The owners of vessels in the register of International Shipping would only pay tonnage tax on their use, and a range of Polish work regulations would not apply to the crews of those ships.
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Authors and Affiliations

Mirosław H. Koziński
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Abstract

This essay is a general discussion of the most important changes in Polish maritime civil law introduced by the Maritime Code of 19 September 2001. The new Code has been in force since 5 June 2002. The author discusses the scope of the modifications contained in the new Code in relation to the previous Code of 1961. In consideration of the fact that the majority of norms of former maritime law have remained in force under the new Code, the author defines the new legislation as a recodification, rather than a wholly new legal act. He emphasizes and discusses in detail the good points of the new systematization of the maritime Code. In his discussion of particular regulations of the new legislation the author points to a series of dubious or, indeed, mistaken solutions. An example of such is, perhaps, the introduction of a new institution - the Polish Yacht Register. The most important changes in maritime law include the modification of the system of realizing the mortgage of ships. Mainly modelled on British law, the modified system attempts to avoid difficulties stemming from the realization of a mortgage in the course of the execution of a court judgement. It introduces the possibility of seizure of a ship covered by a mortgage and even its sale by the mortgager. The final part of the essay is a list of executive acts added to the Maritime Code that should be swiftly published. The author makes a selection of these instruments, indicating the sequence of their introduction.
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Authors and Affiliations

Mirosław H. Koziński
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Abstract

This article describes selected problems regarding the newest Polish maritime legislation that are concerned with Polish accession to the European Union. The author presents the most important normalizations and discusses some of them that are contained in the following legislation: on fisheries of February JO, 2004; on changes in the legislation regarding the maritime office of March 5, 2004; on changes in legislation on maritime safety of April 20, 2004; on marine equipment of April 20, 2004. Two amendments to the new Polish maritime code are also discussed, as well as changes to legislation on the Republic of Poland's marine areas and the maritime administration. The author also discusses the ratification of the London Convention of the 1990 OPRC. The author emphasizes the ambitiously adaptive character of the numerous changes made in Polish maritime law that bring it into compliance with European law. Since the Polish Academy of Sciences Commission on Maritime Law has published the twentieth volume of the Maritime Law journal, the author, who is also the chairman of the commission and the editor-in-chief of the journal, makes some remarks regarding the state of the studies of maritime law and the law of the sea in Poland.
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Authors and Affiliations

Mirosław H. Koziński
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Abstract

This article addresses a new type of agreement that entitles classification institutions to execute certain functions of the maritime administration. In the maritime trade, classification institutions, in addition to their classification and assessment activities, are assuming increasingly certain public functions that are executed under the supervision of maritime administration bodies. This supervision is ensured above all by two legal institutions: aprobation and authorization. The significance of the aprobation process for classification institutions may be apparent in the fact that aprobation if conducted by the European Commission. In evaluating the character of the agreement entered into by the Minister of Marine Management with aprobation classification institutions, the author of the article emphasizes a series of particular traits of the agreement that stem from the infiltration of elements of both public and private law. The author postulates the creation of a new category of agreement, that of so-called public contracts.

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Authors and Affiliations

Mirosław H. Koziński
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Abstract

This paper address the rarely discussed issue of underwater areas. The author draws attention to the political and economic importance of areas on the sea bed’ both those areas that are under jurisdiction and those that are beyond any jurisdiction. In particular the article discusses international treaties relating to the sea bed. First, it analyzes the 2001 Paris Convention on the Protection of Underwater Cultural Heritage. Next, it discusses the new Nairobi International Convention on the Removal of Wrecks (2007). A further part of the article presents the decision to protect the wreck of the “Estonia” ferry (the Tallinn Agreement o f 1995) and the old Paris Convention (1884) on the protection of submarine cables. Finally, the author draws attention to the relatively low amount of interest of national legislation in issues connected with underwater areas and proposes concrete changes and additions to Polish maritime law.

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Authors and Affiliations

Mirosław H. Koziński

Authors and Affiliations

Mirosław H. Koziński
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Abstract

The article explores seldom deliberated issues of legal angles of maritime safety. The first part evaluates the Maritime Safety Act (2011). The Act governs maritime safety issues with respect to ship construction, including its on-board facilities, ship inspection, crew qualifications, safety at sea and maritime rescue.

The analysis of the Act reveals that many of the adopted legal solutions appear dubious, some outright flawed. The Author’s assessment of the Act’s principles is unfavorable.

The declining quality of legislation prompts the author to suggest a thorough redraft of maritime safety law, one that would attain a comprehensive status of a code. The Author suggests the code should include, inter alia,law on maritime equipment, law on Maritime AccidentInvestigation Commission and law on shipping and sea harbours protection. The lex ferendashould include general provisions, regulation on electronic measures and a catalogue of sanctions for failure to comply with maritime safety standards.

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Authors and Affiliations

Mirosław H. Koziński
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Abstract

The article discusses selected issues of combating piracy at sea. The author examines interconnection between universal jurisdiction and domestic jurisdiction in the context of hearing piracy cases before domestic, international and hybrid tribunals. The author opts forstrengthening reliance on domestic courts as he details recent improvements in many countries’ legislations.

The second part of the article covers European Union strategies on legal and structural aspects of combating maritime piracy.

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Authors and Affiliations

Mirosław H. Koziński
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Abstract

The Article concerns law on maritime carriage of goods, and more specifi-cally, incorporation of international standards into the new Polish maritime code. The Author discusses stages of development of those common standards, including the Hague-Visby rules (1924/1968), Hamburg Rules (1978) and Rotterdam Rules (2009). The focus however is on a unique feature of Polish domestic law, often referred to as hybrid approach, due to its characteristic amalgamation of formulas originating from different conventions.

The Author advocates for such hybrid approach and proposes an introduction of a dedicated chapter on carriage of goods into the new code. The proposal merges existing regulation, based on the Hague-Visby model, with new solutions derived from the Hamburg Rules and, more importantly, the Rotterdam Rules.

Particular emphasis is being put on a common but unregulated practice regarding volume contracts. The Author argues for incorporation of volume contract into the new code.

Finally, the article examines Rotterdam Rules’ provisions regarding jurisdiction and arbitration

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Authors and Affiliations

Mirosław H. Koziński
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Abstract

This article discusses a wide range oflegal consequences connected with the ratification in 1998 by the Republic ofPoland oftheUNConvention on the law ofthe sea. In particular, it notes compliance with the demands of the Convention relating to the innocent passage ofwarships, including submarines, and the introduction of limitations on the movements of sea-going vessels of special kinds within Polish territorial waters. The completion of normalisations permitting the signalisation of the lack of effective flag state jurisdiction over foreign vessels is seen as being appropriate. The author's basic legislative postulate is the introduction - in line with article 33 of the Convention - within Polish waters of a contiguous zone. This would permit the effective protection of the interests of the Republic of Poland in the area of customs, taxation, immigration and health regulations. A subsequent part of the article discusses the necessity of bringing Polish regulations concerning scientific maritime research into line with the Convention. This would be in the areas of so-called presumed permission for research, of legal regulations in the area ofthe definition ofpiracy, ofthe criminal nature ofillegal radio and television transmissions on the open sea, and of administrative regulations relating to the awarding of captain's certificates and of certificates of qualification. The author suggests that there will be a growth of interest in the regulations of the Convention as they apply to private law. He points to a range of normalisations, among others, in the area of civil liability - including the civil liability of subjects under international law. The author stresses the difficulties ofadapting civil law solutions within the framework of international relations. He does this via the example of so-called statewarranty, which is anticipated in the Convention. Finally several aspects of the right of transit of inland states are analysed, as are legal issues connected with the detention of vessels by maritime states. In conclusion the author argues that a relatively small number of changes in Polish legislation would permit the better implementation of the Montego Bay Convention.
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Authors and Affiliations

Mirosław H. Koziński
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Abstract

Professor Mirosław H. Koziński has made a comparison of selected Polish publications in the field of maritime law and the law of the sea between 1969 and 1999. The list of articles contains 1170 bibliographical items, including 170 books, 560 articles and 56 glosses concerning maritime law. There are 82 books and 305 articles on the law of the sea.
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Authors and Affiliations

Mirosław H. Koziński
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Abstract

The author reviews port services — which in current Polish maritime law system include shipping agency, shipbroking, pilotage and towage.

The first part of the article examines the legal status of ports and of services themselves as categorized by the Maritime Code. The author provides their outlines, noting terseness and shortcomings of the regulation.

The second part presents draft amendments to the Code proposed by Maritime Law Codification Committee. Among the changes proposed the author dis-cusses dockage.

The final part concerns European Union Law, as the primary impulse behind the study is draft Regulation of European Parliament and of the Council establishing a framework on market access to port services and financial transparency of ports of 23 May 2013. The emergence of the draft stirred the EU member states, and, in particular, the entities professionally associated with port industry. The author sets out the basics of the proposal and criticizes them as being contrary to free market principles and subjects port services to admin-istrative regulation.

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Authors and Affiliations

Mirosław H. Koziński
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Abstract

The paper discusses limitations on the freedom of marine fisheries in international EU, and Polish laws. The primary motivation behind limiting the freedoms of fisheries is the protection of the marine environment. The regulation on marine fisheries of 2004 includes many limitations of economic freedom, e.g., the necessity of registering fishing vessels, the requirement of licenses and catch permits. The Common Fisheries Policy of the European Union also places many limitations on fisheries. The ‘ freedom ” of marine fisheries is presented in quotation marks for good reasons. The author concludes that it is currently difficult to assume that marine fisheries are a free economic activity.

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Authors and Affiliations

Mirosław H. Koziński
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Abstract

The paper presents a complex description of the system of Polish maritime law regarding vessel registration. There are four vessel registers in Poland: vessel register, Polish yacht register, administrative register, and fishing vessel register. The first three are regulated by the Polish Maritime Code of 2001 and the last by the Fisheries Act of 2004. Different registration bodies are responsible for the vessel registers. These are the Maritime Chamber, the Polish Yachting Association, the Maritime Office, and the Ministry of Agriculture. The author analyzed registration requirements and the basic procedural principles in the various registers. This is useful especially in light of the numerous changes which were implemented in the Polish Maritime Code following European Union accession. Some doubts are discussed regarding the implementation of EU Council Act 613/91 of 4 March 1991 to Polish law. The author also criticizes new legal solutions that give EU ship owners the right to the Polish flag despite the lack of a genuine link with Poland, the flag holder. The new' Polish yacht register is described in detail. The responsibility for its implementation was given to a community organization and not to a state body. The author indicates many doubtful legal and organizational aspects of this register, especially with respect to the new decree of the Ministry of Infrastructure of 23 December 2004, which regulates yacht registers. The separate legal definition of the yacht in Polish maritime law seems to be questionable. It is defined as "... a marine vessel, which is the property of Poland, used exclusively for sport or recreational purposes with a hull length of up to 24 meters The administrative register, which registers vessels that are not covered by the two registers discussed above, vessels under construction on sea tests, and the fishing vessel register, is also discussed. It is not only of an administrative character but is one of the methods for limiting economic freedom in marine fisheries. The mutual relationships among these registers are also discussed in the paper.

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Authors and Affiliations

Mirosław H. Koziński

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