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Number of results: 23
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Abstract

The Author tries to “think out of the box”, presenting “Sponsalia ex hoc mundo” (“Hand fastening out of this world”). The title reflects the view that the outer space sciences and the sea sciences are analytically separable, but practically interlinked. It might be observed in the context of space technology and satellite technics, a new system of management and government, as well as a new system of law and policy. Nowadays, the outer space infrastructure (the use of artificial Earth satellites for Direct Television Broadcasting, communications, remote sensing, navigation, military missiles) affects infrastructure of our Planet, including maritime infrastructure. There is, therefore, the need for a new face of integrated system of science and practice.

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Authors and Affiliations

Zdzisław Brodecki
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Abstract

Metale są cennym surowcem wykorzystywanym w wielu gałęziach gospodarki. Jednak jednym z efektów ubocznych ich produkcji jest zanieczyszczenie morskiej wody i osadów metalami ciężkimi.
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Authors and Affiliations

Jacek Bełdowski
1
Magdalena Bełdowska
2

  1. Instytut Oceanologii PAN w Sopocie
  2. Wydział Oceanografii i Geografii, Uniwersytet Gdański
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Abstract

Bałtyk jest nietypowym słonawym morzem, jego fenomen wynika z równowagi zasolenia uzyskiwanej z dopływów wód słodkich i wlewów wód słonych z Morza Północnego. Stan ten nie jest jednak trwały. Od czego zależy?

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Authors and Affiliations

Daniel Rak
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Abstract

Od niemal 100 lat żegluga po Morzu Martwym praktycznie nie istnieje. Dwa jego brzegi zajmują nieutrzymujące ze sobą ścisłych stosunków państwa Izrael i Jordania, na jego wodach nie unoszą się już bryły asfaltu, a rybołówstwo z oczywistych względów nigdy tutaj nie istniało. Od czasu do czasu pojawi się tutaj co najwyżej jakaś łódź badawcza. Tym większe zdziwienie i zainteresowanie budzą coraz liczniejsze informacje o odkryciach archeologicznych świadczących o bogatej historii żeglugi po tym akwenie. Wydaje się, że najbardziej intensywnie rozwijała się ona w okresie pomiędzy IV w. BC a II w. AC. Artykuł poświęcono analizie dziewięciu tekstów antycznych, które w mniej lub bardziej bezpośredni sposób informują o żegludze w tym właśnie okresie. Omówione teksty to: – trzy relacje Hieronima z Cardii (IV/III w. BC) zachowane w wersji Diodora Sycylijskiego (I w. BC), – notatka Strabona (ok. 63 BC–24 AC) w jego dziele Geografia, w której cytuje on opis wydobycia asfaltu pochodzący od Posejdoniosa z Rodos (ok. 135–50 BC), – dwa teksty Józefa Flawiusza (37– ok. 94 AC), – opis Tacyta (ok. 55–120 AC), – opinia Marka Junianusa Justyniusa (II/III w. AC) przekazana przez Pompejusza Trogusa (koniec I w. BC), – fragment listu Bar Kochby (II w AC), w którym pisze on o towarach przechowywanych na statkach w porcie w En Gedi. W artykule znalazło się także krótkie omówienie zachowanych informacji ikonograficznych oraz streszczono aktualny stan badań archeologicznych dotyczących okresu, o którym donoszą wcześniej przedstawione źródła pisane.
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Authors and Affiliations

Piotr Briks
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Abstract

Wspólne działania krajów nadbałtyckich jest kluczem do ochrony unikatowego ekosystemu Bałtyku.
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Authors and Affiliations

Blanka Pajda
1
Agata Zaborska
1

  1. Instytut Oceanologii PAN w Sopocie
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Abstract

Jak wody rzek wpływają na jakość wód w Bałtyku? Dlaczego związki chemiczne wprowadzane przez rolnictwo są bardzo niebezpieczne dla wód morskich i jaką przyszłość ma nasze morze?

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Authors and Affiliations

Jan Marcin Węsławski
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Abstract

From the announcement of the Independence by Ukraine in 1991 and signing many bilateral agreements with the Russian Federation on the state border, the joint use of the Azov Sea and the Kerch Strait, until the annexation of the Crimea in 2014, both parties did not manage to carry out maritime distractions on these waters, due to different positions. After the annexation of the Crimea, the situation became beneficial for FR, because in its hands there was a Kerch Strait and the Russian side started the economic blockage of Ukrainian ports on the Azov Sea. The Ukrainian site, wanting to increase the number of its ships in the Berdyansk base located on this sea, decided to move through the sea team consisting of 2 artillery cutters and a subsidiary (tug) belonging to the Navy of Ukraine. During the approach to Kerch Strait, an incident occurred on November 25, 2018 between Ukrainian ships and the ships of the border service of the Federal Security Service (shelling, detention of the ships, arrests and putting their crews before the court). The above action was inconsistent with international law violating Articles 32, 58, 95 and 96 of the Convention on the Law of the Sea from 1982. The International Tribunal for the Law of the Sea in its judgement ordered RF to give back the ships and send seamen to Ukraine. The warrant was performed partially: ships were returned, while seafarers returned as part of the exchange of prisoners between the parties. Currently, Russia continues to run the economic blockage of the Ukrainian ports, closing (due to military exercises) approaches to the Kerch Strait for ships and vessels of other countries. The current situation indicates that Russia implements its geopolitical goals and disregards the provisions of international law of the sea.
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Authors and Affiliations

Andrzej Makowski
1
ORCID: ORCID

  1. Akademia Marynarki Wojennej im. Bohaterów Westerplatte
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Abstract

The article presents the issues related to ecological security of the Baltic Sea. The issue was taken from the perspective of Poland as one of the Baltic States, and also as a Member State of the European Union. The authors discussed the mechanisms and legal instruments which are crucial for the ecological security of the Baltic Sea (i.e. Helsinki Convention of 1974, or Agenda 21 for the Baltic Sea Region “Baltic 21”). The importance of cross-border cooperation has also been emphasized as an essential element of the security policy in the Baltic Sea area. The article also indicated threats to the protection of Baltic waters, among others, eutrophication.

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Authors and Affiliations

Janina Ciechanowicz-McLean
ORCID: ORCID
Paulina Bielawska-Srock
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Abstract

The study addresses the challenges facing the law of the sea. Although UNCLOS is rightly described as a constitution of the law of the sea, it does not and cannot give answers to all problems and doubts that arise in practice and that are related to global warming, protection of biodiversity, legal status of genetic resources, controversy concerning shipping, delimitation of areas or the protection of underwater cultural heritage. Hence the question arises, what the ways and means of further development of the law of the sea are. Undoubtedly, one of the possibilities is to develop implementation agreements, of which the third devoted to the protection and sustainable use of marine biodiversity outside national jurisdiction is the subject of an international conference convened by the General Assembly, whose resolutions in the area of the law of the sea play an important role. Undoubtedly, also the importance of the organization of the United Nations system, such as the IMO, FAO, UNESCO, UNEP is significant. There is also the possibility of accepting agreements addressing the issues left by UNCLOS without solution or definition. Not without significance is the soft law and the practice of states as well as the position of the organs appointed by UNCLOS.

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Authors and Affiliations

Janusz Symonides
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Abstract

Przeciętny konsument używa plastikowych opakowań praktycznie do wszystkiego: zakupów, przechowywania żywności, zbierania odpadów. Mało kto zastanawia się nad tym, gdzie trafiają zużyte opakowania i jakie są ich losy w środowisku.

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Authors and Affiliations

Barbara Urban-Malinga
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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

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

This article deals with the problem of the right to social security in the state of residence in the light of Regulation No 883/2004 on the coordination of social security systems. The judgment of the Court of Justice of 8 May 2019 in case C-631/17 SF v Inspecteur van de Belastingdienst served as an inspiration for the above-mentioned topic. In its judgement the Court has made a binding interpretation of Article 11(3)(e) of the said Regulation in the context of the situation of a national of a member state employed as a seaman on board a vessel flying the flag of a third state by an employer established in a member state other than the worker’s state of residence. The aim of the article is to justify the right to social security in the state of residence based on Article 11(3)(e) of the Regulation 883/2004. The analysis shows that it is necessary to introduce appropriate changes to the Polish legislation on the social security system. Simultaneously, as far as seafarers are concerned, it is desirable to consider the specificities of the work at sea, including the introduction of maritime social security as a specific type of social security, similar to French law for instance. The changes should be introduced gradually to avoid the risk of decline in the employment of Polish seafarers by EU shipowners.
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Authors and Affiliations

Sylwia Majkowska-Szulc
1

  1. Zakład Prawa Prywatnego Międzynarodowego, Katedra Prawa Cywilnego, Wydział Prawa i Administracji Uniwersytetu Gdańskiego
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Abstract

The concept of ecosystem services becomes more and more popular in regulation of the environmental protection. One of the premises of that concept is treatment of a human and human activity as an integral part of an ecosystem. Interrelations between human activity and ecosystem can be described through the concept of ecosystem services. A certain degree of commodification of natural environment which is immanently connected with the concept of ecosystem services can become useful as a tool of assessing the impact of human activities on ecosystem as well as regulating that impact. Marine protection law is a good example of attempts to introduce the interrelated concepts of ecosystem approach and ecosystem services into functioning of the regulatory schemes.

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Authors and Affiliations

Maciej Nyka
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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

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

‘The special military operation’ conducted by the Russian Federation, including the ‘anti-terrorist operation’ in the Black and Azov Seas carried out by its Black Sea Fleet, meets the definition of aggression, which, in addition to violating the UN Charter, also violates the provisions of UNCLOS (Article 301) and the San Remo Manual (general provisions, first three sections). The unilateral announcement (through a navigational warning) of an ‘anti-terrorist operation’, and in fact a sea blockade of Ukrainian ports, is contrary to the content of UNCLOS (freedom of navigation) and does not meet the requirements for methods of fighting at sea (sea blockade, zones - San Remo Manual).
The missile attacks on civilian and protected objects located on the territory of the Ukrainian state, carried out by ships and aircraft of the Black Sea Fleet, as well as artillery and missiles shelling of coastal towns, constitute a gross violation (war crime) of the international humanitarian law of armed conflicts (San Remo Manual). On contrary, the use of unmanned surface vehicles (drones) by the Ukrainian side in the arak on the Sevastopol base is in accordance with the provisions of the Manual (means of warfare at sea). Particular attention in the discussed armed conflict deserves art. 35 (c) UNCLOS relating to the Turkish Straits, which allows Turkey (based on the Montreaux Convention) to significantly influence the strategic and operational situation in the Black Sea by denying the use of the straits to warships (Turkey closed them to warships all flags). The voting procedure for informal members of the UN Security Council should be considered ineffective, which in the discussed case, when the aggressor is a state – a permanent member of the Security Council makes it difficult to apply measures provided for by international law against it and forces the use of ad hoc solutions, such as ‘grain corridors’.
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Authors and Affiliations

Andrzej Makowski
1
ORCID: ORCID

  1. Akademia Marynarki Wojennej im. Bohaterów Westerplatte
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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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Abstract

This paper deals with the legal aspects of saving life at sea by the Maritime Search and Rescue Service (SAR Service). Depending on the situation, it is possible to provide assistance to a ship in distress at sea and to people on board, either from the sea by another ship, or from the land side, i.e. from the coast by specially prepared services. The effective functioning of the SAR organizational system determines the effectiveness of the SAR action in terms of the number of people saved from danger at sea. In order to provide assistance, SAR services around the world performs distress monitoring, communication, coordination, as well as search and rescue tasks, including the pro-vision of medical advice, initial medical assistance or medical evacuation, through the use of public and private resources, including associated aircraft. The tasks of the SAR services include organizing disembarkation of rescued people.
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Authors and Affiliations

Dorota Pyć
1
ORCID: ORCID

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

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.

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Authors and Affiliations

Michał Małczyński

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