The content of the study focuses on the issue of the right to work of persons with disabilities from the point of view of the provisions of the Convention on the Rights of Persons with Disabilities adopted by the General Assembly of United Nations in 2006. The article discusses the formal elements of the national system supporting the professional activity of this group of people. The author also presents opinions of various entities, independent of state authorities, on the compatibility of solutions adopted in our country with the philosophy of the Convention.
Gaston Milhaud rejects the principle of contradiction if it is conceived as an absolute and universal rule. He claims that it only holds in some narrowly defined circumstances. According to him, the greater is mental contribution to an act of cognition the more appropriate is the application of the principle of contradiction. My analysis of his views shows that he wanted to emphasize the differences between the objective reality and its mental or linguistic representations rather than undermine the logical principle of contradiction. Parallels can be noted between Milhaud’s views on contradiction and Leon Chwistek’s theory of the multiplicity of realities, as well as Kazimierz Ajdukiewicz’s concept of the cognitive role of language.
Maritime law is being faced with developments in design and production of autonomous vessels. With the rise of new technologies different risks emerge while traditional cease to exist. This paper suggests possible scenarios in relation to development of law relating to unmanned vessels. Second part of the paper is dedicated to analysis of the IMO civil liability convention and its application to autonomous ships on the example of the CLC.
The article discusses the rules for judicial proceedings in cases for the establishment and distribution of a fund for limiting liability for maritime claims as they are set out in the Maritime Code and the Convention on Limitation of Liability for Maritime Claims (LLMC 1996). The author presented the basic convention principles regarding the constitution of the fund and related effects as well as the issue of their interpretation and application in national law of selected countries parties of the convention. The article discusses the regulation of the main stages of the fund proceeding in the Polish civil procedure.
The article presents reviews of the European Union regulation on reporting formalities for ships entering the EU ports. It also analyses IMO regulation concerning that matter. Finally, the author exposes the differences between both legal systems and weaknesses of the solutions adopted. In the second part of the article the author discusses the Polish way of the reporting formalities system’s implementation. On the basis of a legal analysis as well as practice of the maritime authorities in Poland, the author finds that the Polish regulations seem to be exemplary.
Nairobi International Convention on the Removal of Wrecks came into force on 14th April 2015 and has been ratified by now by over 40 states across the world (among them Australia, China, India, South Africa and most of the EU countries). The convention provides legal framework for action taken by the Coastal States aiming at removal of wrecks posing danger or impediment to navigation, as well as to the marine environment, or damage to the coastline or related interests of one or more States.
The Convention fills the existing legal gap by enabling the States to remove wrecks beyond their territories (as well as within if States decide so). Beside the existing international regulations like Intervention Convention or UNCLOS, the Nairobi Convention clarifies the Costal State’s rights to remove wrecks from its EEZ if they pose a danger for safe navigation or marine environment. The Convention corresponds with mentioned conventions but also equips Coastal States with new legal instruments to deal with hazardous wrecks beyond their territory. The aim of the paper is to analyse the new rights and duties of states, as well as scope of the notion of navigational and environmental threats causes by wrecks. It will refer also to regulatory problems faced by the states implementing the Convention. Even if the Convention is to be applied to territorial sea, its multiple provisions are not. Moreover, the Convention leaves many important aspects unregulated. Those issues will be analysed from the perspective of a country which has not yet ratified the Convention, and will be confronted with the experience from other jurisdictions.
The main reason behind the development of the International Safety Management Code was a series of tragic maritime accidents at the end of the twentieth century caused by human error. The ISM Code has introduced a brand new instrument, the safety management system (SMS), to the set of already existing legal devices, established to ensure safety during ship operation. Properly applied and implemented within the shipping company, SMS can be an advantage that will not only result in a measurable increase in the level of safety, but will also result in cost optimization and an increase in the company’s reputation. However, if an SMS is conceived without commitment and conviction on the part of the management, it will be only an empty and façade, bureaucratic procedure that will not only fail its purpose, but will also only be an additional burden for all staff. The following article will present the characteristics of SMS and its impact both on the broadly understood safety in the shipping company, and including vessels in its fleet, moreover the requirement of the efficiency of SMS procedures specified in shipboard manual for each vessel will be emphasized, which is the need to create a new safety culture.