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Number of results: 437
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Abstract

The convention on liability and compensation for damage in connection with the transport by sea of hazardous and hoxious substances (the HNS Convention) employs the following concept of damages: - loss of life, bodily harm, damage to property and the environment; - loss of profit or income; - the cost of prevention and the cost of restoring the status quo before pollution. The author discusses the institution of "damnum emergens" in the context of loss of life, bodily harm and damage to property. The character of ecological damage makes it impossible to institute a process of complete restitution. Repairs carried out to the environment should be "as far as is possible" and should make it possible once more to implement public laws.
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Małgorzata Dąbkowska
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Abstract

The London Convention on salvage at sea - SALVAGE 89 - was signed in 1989, and focuses, inter alia, on the environment. It regulates the salvaging of the maritime environment, and, above all, gives the salvager the right to a reward for action that was directed towards avoiding or limiting damage to the environment. The ratification of the SALVAGE 89 Convention by Poland will require changes in the 1961 code of maritime law. The Baltic is a heavily polluted sea, and the introduction of any legal instrument that may result in steps to combat environmental pollution is highly desirable. The SALVAGE 89 Convention came into force on 14 July 1996. The author of this essay is a supporter of Poland's ratification of the Convention.
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Authors and Affiliations

Dorota Lost-Siemińska
ORCID: ORCID

Authors and Affiliations

Dorota Pyć
ORCID: ORCID
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Abstract

Throughout the COVID-19 pandemic, numerous abuses of labour rights of seafarers have been reported within international community. Seafarers’ rights, stipulated in Maritime Labour Convention of 2006, were violated by bans on going ashore in harbours, as well as by abandonment by seafarers’ employers after the end of contracts, partly as a result of national lockdowns. The Convention, aimed at creating a comprehensive regulation on maritime labour issues, including medical care and health protection, proved to be insufficient to safeguard proper working conditions of seafarers. Consequently, it is necessary to evaluate implementation of the Convention in the period of pandemic, for the purpose of taking into account knowledge and best practice developed in this period in further amendments to the Convention.
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Authors and Affiliations

Filip Walczak
1

  1. Doktorant w Szkole Doktorskiej Nauk Humanistycznych i Społecznych Uniwersytetu Gdańskiego
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Abstract

Transition of the global energy sector is in progress. The share of renewable energies has increased over time and achieved 36.6% of global electricity capacity in 2020. Marine Renewable Energy plays a substantial role in this transition. However, while marine renewable energy will contribute to less GHG emissions, and thus enhance compliance with the Paris Agreement, there are concerns over potential impacts marine renewable energy installations may have on biodiversity. Such impacts include, among others, habitat loss, collision risks, noise and electromagnetic fields. This paper addresses these issues from the perspective of international environmental law, illustrating how potentially conflicting objectives (mitigating greenhouse gas emissions and preserving biodiversity) can be accommodated. This requires a discussion of broader concepts such as no harm and precautionary action as well as detailed rules extending from marine protected areas to the discussion of specific treaty issues, even public participation, including participation of indigenous peoples. The paper aims at illustrating the ability of international law to ensure not just an environmentally sound but a biodiversity-compatible transition towards marine renewable energy.
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Authors and Affiliations

Thilo Marauhn
1
ORCID: ORCID
Ayşe-Martina Böhringer
1
ORCID: ORCID
Magdalena Jaś-Nowopolska
1
ORCID: ORCID

  1. Justus-Liebig-University Giessen, Faculty of Law, Chair for Public and International Law
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Abstract

Ocean law has developed greatly in the recent years as an area within maritime law and environmental law. The increased attention has been received mainly due to the sea- level rise, ocean acidification and changing ocean currents caused by climate change. The negative impacts of climate change affect a wide spectrum of law and policy and have direct and indirect implications on various aspects such as: international security, food security, shipping, fisheries, marine and coastal governance etc. According to the IPCC 2018 Report, ocean ecosystems are already experiencing large-scale changes and critical thresholds are expected to be reached at higher levels of global warming. The main aim of this article is to present how the ocean law and climate law respond to the regulatory challenges caused by climate change.
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Authors and Affiliations

Monika Adamczak-Retecka
1
ORCID: ORCID

  1. Department of European Law and Comparative Law, Faculty of Law and Administration, University of Gdańsk
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Abstract

The European Commission, continuing its efforts to contribute to the integrated governance of global oceans, promotes harmonization of respective regimes in its Member States. In its assessment of this process in 2019, the Commission stressed in its joint report to the European Parliament and the Council that healthy oceans can exist only if responsibility for this dynamic natural ecosystem is shared not only between states, but also between different kinds of cross-border operating actors and stakeholders. The dynamics of the marine environment shall be reflected in an elastic legal regime based not only on classic legal instruments like conventions and their national implementations, but also on different kinds of soft laws, standards and formal specifications created by representatives of these stakeholders. However, admitting that integrated governance is the long-term goal, the European Union also accepts solutions based on a sectoral approach, as long as they effectively fulfill the duty to protect the marine environment enabling use of the sea for mankind and economical use of the ocean. Such a comprehensive view on the ocean is also the background of the UNCLOS co-operation.
Integrated ocean governance and its mechanisms must then be created and developed by very diverse organisations and institutions, from classical international organizations, through to intergovernmental cooperations at different levels and private organizations. This article summarizes the achievements of practical cooperation of EU mechanisms of ocean governance with non-governmental private organisations, representing the de facto decentralised management of the world oceans. Extended analysis will reveal how climate change is becoming a major long-term driver of ecosystems, bringing together different actors in an integrated, ecosystem-based oceans management approach which highlights the interplay between environmental and economic conditions, and legal mechanisms and their reflections in documents prepared by private organisations.
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Authors and Affiliations

Iwona Zużewicz-Wiewiórowska
1
ORCID: ORCID
Wojciech Wiewiórowski
2 3
ORCID: ORCID

  1. Maritime Law Department, Faculty of Law and Administration, University of Gdańsk
  2. Legal Informatics Department, Faculty of Law and Administration, University of Gdańsk
  3. the European Data Protection Supervisor
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Abstract

The dispute between Poland and Germany over the northern parts of roadstead adjacent to Świnoujście and Szczecin sea ports casts a shadow on good relations between those nations. The dispute concerns the anchorage and the port approach route.
On 25 November 1994 Germany have unilaterally declared those areas part of their exclusive economic zone.

The Author advocates for solutions envisaged in international agreement on maritime border delimitation between former People Republic of Poland and former German Democratic Republic. The agreement was signed in Berlin on 22 May 1989.

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Authors and Affiliations

Dariusz R. Bugajski
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Abstract

The article provides legal analysis on co-dependence between nautical and aviation regulations in international law and practice. The study focuses on overflight rights with respect to civil and military aviation across distinct types of waters as defined by the United Nations Convention on the Law of the Sea (UNCLOS 1982) where the Author differentiates the common legal standard from particular legal regulations giving rise to divergent practices of some countries. The article touches also a number of issues relating to maritime security (including the threat of piracy) and to environmental protection in the context of regulation and practice of airborne activities carried out by states’ authorities and services.

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Authors and Affiliations

Leonard Łukaszuk
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Abstract

The Northwest Passage is a sea route – or, to be exact, it is a collected name for four routes – that connect Europe and East Asia. Despite its considerable length (it spans circa 5780 kilometers) and notorious nautical difficulties it provides a decent alternative to the route through the Panama Canal due to being roughly 4000 kilometers shorter. In the present day the route is seasonal and is predominately operated by Canadian entities. Recently however it has seen in-creased interest due to climate change.

While Canada claims the waters of the Northwest Passage to be their internal waters, some experts say this claim, notwithstanding its historical grounds, may be deemed an abuse of sovereignty. Canada exercises creeping jurisdiction there, with Article 234 of the United Nations Convention on the Law of the Sea (UNCLOS 1982) as its sole justification. The United States, on the other hand, believes the Passage is in fact a strait connecting two areas of open sea and thus should remain part of international waters. On 11 January 1988 USA and Canada have signed an agreement on cooperation inthe Arctic.

The Author predicts the more disagreements over the Northwest Passage in the coming years as the core problem continues to be unresolved.

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Authors and Affiliations

Krzysztof Kubiak
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Abstract

Komisja Europejska opublikowała w 2009 r. zieloną księgę pt. Reforma wspólnej polityki rybołówstwa. W dokumencie tym znajdują się odniesienia do obecnej i przyszłej legislacji unijnej oraz legislacji krajowych. Zachęca to do głębszego spojrzenia w europejską i w polską legislację w tej dziedzinie. Niniejszy artykuł ukazuje pewne aspekty tego procesu z odpowiednim ukierunkowaniem na wnioski de lege ferenda.

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Zbigniew Godecki
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Abstract

The article concerns legal aspects of localization of wind turbines at sea under Polish jurisdiction, i.e. on internal waters, territorial waters and within the exclusive economic zone. The Author provides analysis of applicable Polish law, including Maritime Areas Act 1991 and Spatial Planning Act 2003 in the context of domestic and international law on maritime environment protection.

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Authors and Affiliations

Marcin Makowski
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Abstract

The International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWM 2004) is a new frontier in the field of marine environment protection. The Convention’s aim is to reduce the risk of spreading of harmful aquatic organisms and pathogens into alien marine environments by ships’ ballast water and sediments.

There is a list of non-indigenous species in the Baltic Sea which has been compiled in accordance with The Convention on the Protection of the Marine Environment of the Baltic Sea Area (HELCOM 1992). As ships carry thousands of species in their ballast water, the danger to the marine and coastal environ-ment is substantial.

Some of the HELCOM signatories have already ratified the BWM (Sweden, Norway) and thus may provide hands-on account of practicalities of the Con-vention. The HELCOM countries have agreed to ratify the BWM Convention by 2013 at the latest. The Author’s research may therefore be of value as Poland is currently considering ratification of the Convention.

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Authors and Affiliations

Dorota Pyć
ORCID: ORCID
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Abstract

The Third Maritime Safety Package, also known as Erica III, consists of 7 pieces of European Union legislation adopted by the Parliament and the Council in 2009. The EU member states are to implement them by bringing into force law, regulations and administrative provisions.

The level ofcommitment on the part of Commission of the EU to the issues surrounding safety packages is measured by the amount of actions brought before the Court of Justice for states’ failures to comply with them. Currently the Commission has delivered a reasoned opinion under the Article 258 of the Treaty concerning failure to implement Directive 2009/16/EC of 23 April 2009 on port State control by Belgium, Cyprus, Estonia, Poland, Portugal and the United Kingdom.

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Authors and Affiliations

Małgorzata A. Nesterowicz
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Abstract

The oceans are the second largest natural absorber of carbon dioxide emissions. One of the methods contemplated to enhance the processis fertilization of seawater with iron. The fertilization stimulates the growth of phytoplankton, the main biological agent responsible for the carbon dioxide sequestration processes by seawater. As phytoplankton absorbs the gas it transports it toward the seabed, thus making the ocean a natural carbon sink. Significance of this issue is reflected by the number of parties to the Kyoto Protocol (1997) to the United Nations Framework Convention for the Climate Change (UNFCCC 1992). The signatories include 194 states and the European Union to the UNFCCC and 192 states and the European Union to the Kyoto Protocol.

The Author provides legal analysis on ocean iron fertilization. The issue sparks considerable controversy from the standpoint of law, science and environmental protection. Since iron fertilization has been developed only recently, no thorough evaluation is possible. The Author advocates cautious approach and recommends limiting its use to scientific endeavors.

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Authors and Affiliations

Konrad Marciniak
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Abstract

In recent years the Commission of the European Union has endeavored to create a regional European system of transport law, one that would not affect unimodal transport contracts and their respective conventions. The key issue therefore is relationship between such system and those conventions and, ultimately, the Rotterdam Rules. In its Resolution of 5 May 2010 on strategic goals and recommendations for the EU’s maritime transport policy until 2018 (2009/2095 (INI)), The European Parliament calls for speedy signing, ratification an implementation of the Rotterdam Rules by the EU member states.

The opponents of the Rotterdam Rules point to their conflict with unimodal transport conventions. However, the new system devised in that Convention allows for co-existence of unimodal systems while providing a sound replace-ment of outdated maritime regulations.

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Authors and Affiliations

Paweł Krężel

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