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Abstract

The European Green Deal is a strategy aimed at making Europe climate neutral in 2050. This work plan consists of several initiatives: European Climate Law, European Climate Pact, adaptation strategy, Farm-to Fork strategy and task to increase the EU 2030 climate target towards 55%. The aim of this article is to present the aims and structure of the European Green Deal with special notice on actions planed within „blue economy”. The maritime sector will have to play a central role in alleviating the multiple demands on the EU's land resources and tackling climate change by improving the use of aquatic and marine resources.
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Authors and Affiliations

Monika Adamczak-Retecka
1
ORCID: ORCID

  1. Katedra Prawa Europejskiego i Komparatystyki Prawniczej, Wydział Prawa i Administracji Uniwersytetu Gdańskiego
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Abstract

Marine governance is an essential way of achieving the objectives of sustainable development. It ought to be understood as the process of planning, as well as decision-making and management at the national and regional levels taking into account the global ocean as an ecological unity. The process of decision-making is closely interrelated with the regional and transnational cross-border cooperation. The adoption of the EU Directive establishing a framework for maritime spatial planning (hereinafter: MSP Directive) plays an important role in developing of marine spatial planning in Europe by promoting MSP instruments. MSP Directive requires all coastal EU Member States to prepare cross-sectoral maritime spatial plans by 2021. The development of spatial plans for Polish marine areas was started in 2013. The MSP legal bases are included in the Marine Areas of the Republic of Poland and Maritime Administration Act of 1991 amended in 2015 and its implementing regulations.

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Authors and Affiliations

Dorota Pyć
ORCID: ORCID
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Abstract

Commercial use of the sea includes, among others: sea shipping closely related to the transport of cargo and passengers, transhipment services in sea ports, fishery and aquaculture, marine mining, marine renewable energy, including the development of technologies for obtaining energy from renewable sources (wind, waves, tides), marine and coastal tourism. All the above-mentioned areas of economic activity are part of the traditionally understood maritime economy. Considering the maritime economy through the prism of sustainable development has led to the crystallization of the concept of the blue economy both at the universal level in the United Nations and at the regional level, e.g. in the European Union. The blue economy is a low carbon, resource efficient, circular economy based on sustainable consumption and production patterns, improving human well-being and social justice, providing economic value and employment, and significantly reducing environmental risks and shortages. The blue economy aims to promote economic growth, social inclusion, and the preservation and improvement of living conditions, while ensuring the environmental sustainability of seas, oceans and coastal areas. The legal framework for the blue economy includes, inter alia, in the United Nations Convention on the Law of the Sea (UNCLOS). The function of further development of the blue economy is the implementation of sustainable development goals (SDGs).
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Authors and Affiliations

Dorota Pyć
1
ORCID: ORCID

  1. Katedra Prawa Morskiego, Wydział Prawa i Administracji Uniwersytetu Gdańskiego
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Abstract

Marine casualties, at sea or in port waters, are not only caused by large passenger or cargo vessels, which, due to their size, may have difficulty in giving way or stopping safely, but also small vessels such as marine yachts or jet skis, which have a high manoeuvrability but mistakes made when navigating or manoeuvring by the operators of these vessels can be serious. The aim of this article is to analyze the collision of two such crafts in port waters in the aspect of criminal liability of the perpetrator of the accident for causing it.
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Authors and Affiliations

Cezary Łuczywek
1
ORCID: ORCID

  1. były Przewodniczący Państwowej Komisji Badania Wypadków Morskich
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Abstract

The aim of the study is to examine the importance of economic argumentation in international maritime disputes. The paper first explains what the international maritime disputes, their sources and types are, what principles they are subjected to. It also established what should be understood by economic arguments, emphasizing their relative nature, as well as showing the potential of the Convention on the Law of the Sea of 1982 as a basis for formulating economic argumentation. The importance of economic argumentation was considered in relation to international disputes regarding the legal status of maritime territories, delimitation of maritime zones, power over the sea and use of the sea.

Research, carried out, leads to the following conclusions: 1) economic arguments are present in the reasoning of the parties as well as dispute settlement bodies. However, their probative value is limited; 2) in disputes related to the status of maritime features economic reasoning appears in the context of necessity to demonstrate that they can be a basis for delimitation; 3) in delimitation disputes, addressing economic arguments is more complex and contradictory. Economic arguments may be useful in the second phase of delimitation when relevant circumstances are considered. However, the existing practice shows that the range of economic arguments is limited (they cannot serve as a reason for correction of natural inequalities). International jurisprudence denies taking into account arguments based on level of economic development or economic or financial difficulties of a state (except for the catastrophic repercussions for the livelihood and economic wellbeing of the population), the needs of economic development or performance of economic activities (mining, fishing, shipping). An argument associated with assurance of deposit unity is of some importance (when resources are known or readily ascertainable); 4) in disputes concerning the power over the sea some weight is held by an argument associated with the establishment of economic authority, in particular, of a regulatory and control nature; 5) in disputes related to the use of the sea, the importance of economic reasoning is varied. In disputes concerning the prompt release, the role of the economic argument is limited. On the contrary, it is relevant in disputes related to the violation of rights and economic interests of States and people, if they are protected by international law.

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Authors and Affiliations

Cezary Mik

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