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Abstract

The article provides a detailed characteristics of the concept of marine scientific research on the grounds of the existing norms of the international law of the sea, normative acts of the Republic of Poland and in terms based on the most recent and significant scientific publications constituting the literature on the subject. One of the core studies being conducted by the Committee on the International Legal Status of Submarine Cables and Pipelines established in 2018 under the International Law Association is the field of application of UNCLOS standards to hydrographic surveys carried out as part of the process preceding the laying of submarine cables and pipelines. This paper presents a hypothesis on the separate treatment of the concept of marine scientific research and hydrographic surveys, and presents the legal impediments that the State or the laying company may face.
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Authors and Affiliations

Tomasz Kamiński
1 2
ORCID: ORCID
Rafał Szewczyk
3
ORCID: ORCID

  1. Zakład Międzynarodowego Prawa Publicznego, Wydział Prawa i Administracji Uniwersytetu Warszawskiego
  2. Zakład Prawa i Ekonomii, Wydział Bezpieczeństwa, Logistyki i Zarządzania Wojskowej Akademii Technicznej
  3. Wydział Prawa i Administracji Uniwersytetu Warszawskiego
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Abstract

This article discusses the development of international law concerning the underwater cultural heritage (UCh), with particular emphasis on the 2001 UNESCO Convention on the subject. It attempts to set out the main legal solutions adopted in the 2001 Convention. however, in order to achieve this aim, it traces the genesis of the Convention and identifies the problems which prompted UNESCO to initiate the negotiations that ultimately led to the adoption of the 2001 Convention. hence, before analysis of the UNESCO treaty it firstly describes the initial phase of the development of law regarding UCh, which was mostly based on the national laws of particular coastal States, as well as in some instances on the laws of salvage. Subsequently, the article turns to the discussion concerning the (in)famous two provisions of the UN Convention on the Law of the Sea (UNCLOS) dealing with archaeological objects, as well as the efforts that were undertaken within the framework of the Council of Europe to adopt a convention on UCh.
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Authors and Affiliations

Konrad Marciniak
1
ORCID: ORCID

  1. PhD, Director, Legal and Treaty Department, Ministry of Foreign Affairs of The Republic of Poland
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Abstract

There is a growing interest in new transportation routes that combine benefits of shorter distances, cost-effective transits and routes not troubled by maritime security concerns. The Northwest Passage offers a package of routes through the Canadian maritime zone; it is 9,000 km shorter than the Panama Canal route and 17,000 km shorter than the Cape Horn route. The Northern Sea Route shortens a Hamburg-Yokohama voyage by 4,800 miles, in comparison with the Suez Canal route. The transpolar route, if it materializes with an ice-free Central Arctic Ocean route, would shorten distances even further. Given the increase in regional and international navigation and shipping in the region, it is therefore not surprising that in recent years Arctic States and international bodies focused on the needs of enhanced safety and environmental standards for polar shipping. In addition to the dedicated domestic polar shipping regulation, primarily in Canada and the Russian Federation, the Arctic Council and International Maritime Organization (IMO) have launched important initiatives. The most important is establishing of international rules for ships operating in polar waters – The Polar Code.

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Authors and Affiliations

Maja Głuchowska-Wójcicka
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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

The United Nations Convention on the Law of the Sea (UNCLOS), referred to as the “constitution of the seas and oceans”, established the legal regime of the seas and oceans. Under the United Nations Convention on the Law of the Sea, the International Maritime Organization (IMO) has a mandate as a global legislative entity to further regulate maritime issues on the basis of many of its provisions. IMO is explicitly mentioned in only one of the articles of UNCLOS, while several provisions of the Convention on the Law of the Sea refer to the ‘competent international organization’ in connection with the adoption of international rules and standards for shipping in matters relating to maritime safety and the prevention, reduction and control of marine pollution by ships. Bearing in mind the global mandate of the Organization as a specialized agency within the United Nations system established by the Convention on the International Maritime Organization, the expression ‘competent international organization’, when used in the singular in UNCLOS, applies to IMO. From 1973 to 1982, the International Maritime Organization actively participated in the work of the Third United Nations Conference on the Law of the Sea to ensure that the development of IMO instruments was in line with the fundamental principles of UNCLOS. By including in several IMO conventions provisions that clearly state that these conventions do not infringe the codification and development of the law of the sea in UNCLOS, many interpretation doubts have been minimized.
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Authors and Affiliations

Dorota Lost-Siemińska
1
ORCID: ORCID

  1. Międzynarodowa Organizacja Morska
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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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