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.
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.
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.
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.
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
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.
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.
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.