Humanities and Social Sciences

Prawo Morskie

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Prawo Morskie | 2015 | No XXXI

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Abstract

This article examines the influence of International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW 1978) on actual maritime workforce training system. The Convention is in constant development; the authors discuss 1995 and 2010 amendments as well as the European Union law context, namely the role of the European Maritime safety Agency in implementation of the Convention. The article analyses integration of STCW system into Polish law and uncover shortcomings and delay of this process. In conclusion, the authors recommend reinstatement of standardised master’s degree for deck department officers in Maritime University in Gdynia’s Faculty of Navigation in order to carry out the provisions of the Convention and connect theory to practice.

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Authors and Affiliations

Mirosław H. Koziński
Adam Weintrit
Ryszard Wawruch
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Abstract

Poland’s Ratification of International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F 1995) is an indication of the country’s recognition of proper safety standards of fishing vessels and their crew. The aim of this ratification is to harmonise Polish training and certification system with the Convention requirements. The Convention entered into force 29 September 2012.

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Authors and Affiliations

Dorota Pyć
ORCID: ORCID
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Abstract

International Management Code for the Safe Operation of Ships and for Pollution Prevention (the ISM Code) has been adopted in light of increased number of accidents occurring due to human element. This article reviews the allocation of safety duties between the crew and the shipowner with respect to implementation of safety procedures and shaping general safety culture. The author discusses both parties’ perspectives on effectiveness of ISM implementation, in particular on excessive bureaucracy.

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Authors and Affiliations

Justyna Nawrot
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Abstract

The article discusses new developments in law controlling carriage of goods by sea, namely — the effect of phenomena such as slot charter or volume contract on drafting carriage contract terms. The analysis of carriage contract definitions as set out in Hague-Visby Rules, Hamburg Rules and Rotterdam Rules is offered in context of carriage contracts by modes other than the sea. The author concludes that present-day maritime trade calls for revision of common views on traditional dichotomies such as charter/booking contract or liner/tramp services in favour of a new, broader concept of a maritime carriage contract.

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Authors and Affiliations

Mirosław H. Koziński
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Abstract

On 23 April 2014 the 2002 Protocol to the Athens Convention relating to the Carriage of Passengers and their Luggage by the Sea (PAL 2002) entered into force. The purpose of the Protocol is to improve legal standing of the passenger. The author discusses legislative options as to the future shape of Articles 181 and 182 of the Maritime Code if PAL 2002 is to be ratified by Poland. The first option is to make the 2002 Athens Convention control domestic carriage of passengers, which currently remains outside of the scope of Regulation (EC) No 329/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents, and to exclude compulsory insurance or other financial security within limits prescribed by the Convention. The second option is to apply the Convention liability mechanism to carriage by Class C, Class D and Class B vessels.

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Authors and Affiliations

Zuzanna Pepłowska-Dąbrowska
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Abstract

The article examines mandatory (compulsory) nature of maritime civil liability insurance associated with seafaring. The key question is whether maritime civil liability insurance is indeed a type of compulsory insurance and, if so, whether it falls under the 2003 Law on Compulsory Insurance. The author analyses different maritime civil liability insurance schemes in context of their conformity with legal definition of compulsory insurance and its requisite legal features. Finally, the article reviews the amendments to the Maritime Code as proposed by the Maritime Law Codification Committee, in particular those relating to the unification of rules on financial security.

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Authors and Affiliations

Magdalena Adamowicz
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Abstract

The article reviews European Union case law on ship registration and sea-faring in EU member states. The EU, aside from encouraging ship registration in member states, enacts choice of law rules in order to mandate the EU lawor domestic law of member states as proper law for seafaring. Today, the larger number of major Polish shipowners fly a flag of convenience (such as Greece or Cyprus), which means Polish merchant ships do not carry Poland’s civil ensigns.

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Authors and Affiliations

Monika Tomaszewska
Sylwia Majkowska-Szulc
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Abstract

The Arctic Ocean, which emerges from melting ice, promises access to and exploitation of natural and biological resources and exploration of new shipping routes, but also brings new hazards to the environment.

The article analyses freedom of fishing in the open sea in light of international law. The author discusses rules on fishing within open sea enclaves, namely Barents Sea Loophole and Bering Sea Donut Hole. The Greenpeace is campaigning to establish a natural sanctuary in the Arctic Ocean and introduce a strict prohibition on commercial exploitation of natural resources, including on fishing, and imposition of certain limitations on naval activity. This idea was endorsed by the European Parliament in their resolution of 12 March 2014 on the EU Strategy for the Arctic (2013/2595(RSP)).

Finally, the article reviews negotiations between five arctic states and their initially agreed positions on commercial fishing in the open sea in the central Arctic Ocean (the Nuuk Meeting, February 2014).

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Authors and Affiliations

Janusz Symonides
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Abstract

The article gives an account of a legally unprecedented instance of utilisation of offshore platform ‘Odyssey’ and her accompanying ship ‘Sea Launch Commander’ for launching satellites into orbit. The platform is operated by an international partnership company called ‘Sea Launch’, which unites commercial undertakings within space and maritime industries from USA, Russia, Ukraine and Norway. The article discusses selected legal issues arising in areas of law of the sea, admiralty and space law, as well as issues relating to coordination of partners’ efforts in legal and administrative spheres. The company eventually went through bankruptcy (Chapter 11) procedure; the author investigates legal and economic causes of this matter. Finally, the article iterates proposal for a new international convention on space transport, which would include a comprehensive regulation on launching objects into space from offshore facilities.

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Authors and Affiliations

Leonard Łukaszuk
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Abstract

The article discusses issues relating to outer limit of continental shelf within the meaning of the 1982 United Nations Convention on the Law of the Sea (UNCLOS 1982) and investigates the role of the Commission on the Limits of Continental Shelf (CLCS). The CLCS is a scientific and technical body with advisory duties. The author examines, as an example of difficulties arising in delimitation of continental shelf, the territorial dispute surrounding the Lomonosov Ridge.

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Authors and Affiliations

Robert Tarnacki
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Abstract

‘Harbourmaster’ is a legal term, albeit without a proper legal definition. Sub-statute regulations refer to it as person in charge of ‘harbourmaster’s office’ (whichitself is a component of maritime office), and who is instrumental in the head of the maritime office’s exercise of authority in ports. However, statute-level laws give harbourmasters duties and powers which the head of the maritime office does not have. The author discusses the issue and formulates conclusions of academic nature and de lege ferenda.

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Authors and Affiliations

Zbigniew Godecki
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Abstract

Ninety-eight per cent of world ship breaking (ship demolition) today is carried out in India, Bangladesh, China, Pakistan and Turkey.

The 1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal as well as Dutch, French, Turkish, Indian and British case-law consider decommissioned ships as waste. Due to limited effectiveness of the Basel Convention a new one has been adopted — the 2009 Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships. The Hong Kong Convention will enter into force when three conditions set out in its Article 17 are met; it means at least one leading ship breaking country must ratify it.

The European Union is a leading proponent of signature of the Hong Kong Convention. Its ratification by the EU shall be a significant quantitative and political stimulus towards its entry into force. In order to encourage the ratification processes by EU member states, the European Parliament and the Council have adopted Regulation (EU) No 1257/2013 of 20 November 2013 on ship recycling.

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Authors and Affiliations

Maciej Nyka
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Abstract

This article recounts basic regulations on safe and efficient functioning of aliquified natural gas (LNG) terminal. The author retains the thematic trichotomy of substantive law onthe subject and underscores its common theme — safety and security (as defined by the IMO Maritime Safety Committee on its 76th session). The topics discussed in the article cover safety of the ship and harbour facilities, protection of the environment and security of harbour facilities in light of terrorist threat.

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Authors and Affiliations

Aleksandra Koska-Legieć

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Prawo Morskie (Maritime Law) - Guidelines for authors of scientific texts

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Template of the article intended for publication in Prawo Morskie (Maritime Law)

Publication Ethics Policy

Principles of publication ethics

The editors of Prawo Morskie (Maritime Law) strictly adhere to the principles of responsibility and ethics recommended by the Committee on Publication Ethics (COPE) for all parties involved in the publication process and take all possible measures against any abuse.


1. Responsibilities of the editorial staff

1.1 Principle of impartiality and fairness. Submitted scientific texts are evaluated on the basis of content only, without regard to race, gender, sexual orientation, religious beliefs, citizenship or political ideology.

1.2 Publication decisions. The Editor-in-Chief is responsible for deciding which of the submitted articles should be published. The decision to accept or reject a scientific text for publication is made by the Editor-in-Chief based on reviews assessing its content, originality, novelty, clarity and relevance to the scope of the journal. In making decisions, the Editor-in-Chief may consult the Scientific Council. The Editor-in-Chief is obliged to comply with applicable laws on defamation, copyright infringement and plagiarism, and to bear full responsibility for decisions regarding the publication of scientific texts.

1.3 Principle of confidentiality. The Editor-in-Chief and the Scientific Council must ensure that all materials submitted for publication remain confidential at the review stage. They must not disclose any information about the submitted manuscript to anyone other than the authors, reviewers, potential reviewers, other editorial advisors (e.g., translators), and the publisher.

1.4 Disclosure and conflict of interest. Unpublished articles, excerpts from articles, or materials contained therein may not be used by the editorial staff for their own research without written permission from the authors.

1.5 Maintaining the integrity of the scientific output. The editorial staff will guard the integrity of the published academic output, by issuing corrections, additions and references as necessary. At the same time, the editors will make every effort to detect any inappropriate research or publications. Plagiarism and works based on false data are unacceptable. The Editor-in-Chief should take appropriate action when there are ethical objections with respect to a submitted paper or published article. In justified cases, the editorial staff may publish corrections, clarifications, appeals and apologies.

1.6 Withdrawal of published articles. The Editor-in-Chief of the journal will consider retracting a published scientific text: if there is evidence indicating that the research results presented in it are untrustworthy, if it has been previously published elsewhere without proper reference, permission or justification (cases of redundant publication), if the work constitutes an act of plagiarism or is based on unethical research. The published retraction notice should be linked to the retracted scientific text (naming the title and authors in the title of the retraction), clearly identify the text being retracted, and indicate who is retracting it. Retraction notices should always include a justification for the retraction, stating the reason, in order to distinguish an unintentional error from misconduct. Retracted scientific texts will not be removed from printed copies of the journal or from electronic archives, but their retracted status will be indicated as clearly as possible.


2. Responsibilities of authors

2.1 Standards for publishing research results. Authors of articles presenting the results of original research should provide an accurate description of the work that was performed and an objective discussion of its significance. Baseline data should be accurately presented in the article. The article should provide enough details and references to allow others to verify the claims made. Any fabrication or presentation of false or inaccurate research results constitutes unethical behavior and will result in the rejection of the manuscript or the retraction of the published article.

2.2 Originality and plagiarism. Authors should ensure that they have written fully original papers, and if they have made any use of the work and/or words of others, this must be clearly marked with a citation. Plagiarism is not acceptable.

2.3 Multiple or simultaneous publications. Authors should not publish a manuscript describing the same research in more than one journal. However, in exceptional and justified cases, the editorial staff of Prawo Morskie (Maritime Law) will consider publishing a text that has already been published previous, provided that it was addressed to a different audience and in a different language.

2.4 Authorship. Works published in Prawo Morskie (Maritime Law) must be published under the names of individuals who are indeed their authors and responsible for their content. Any persons whose participation in the creation of the submitted work is negligible (for example, limited to the provision of research materials) may be mentioned in the acknowledgments, but must not be listed among the authors. In case of doubt, the editorial staff may for further clarification regarding the individual contributions to the creation of the paper made by the individual persons listed as authors. The authors should also disclose, in a footnote or in the acknowledgments, information about individuals and institutions that contributed to the work through substantive, material or financial contributions. The corresponding author submitting a paper for publication should make sure that only the relevant co-authors are listed in the paper and that they have all seen and approved the final version of the paper and agreed to submit it for publication. Cases of scientific dishonesty will be documented and disclosed.

2.5 Attribution of sources. Authors should take care to properly label the results of other researchers’ work. In view of this, they should cite any and all publications from which they drew information or ideas when writing their own scientific text.

2.6 Significant errors in published works. When an author discovers a significant error or inaccuracy in his own published work, it is his duty to immediately notify the editor or publisher of the journal and cooperate with the editor to retract or correct the text.


3. Responsibilities of reviewers

3.1 Contribution to editorial decisions. Scientific reviews assist the editorial staff in making editorial decisions and provide assistance to authors in improving their scientific texts.

3.2 Timeliness. Any reviewer who feels incompetent to review a paper submitted to him, or who knows that timely completion of the review will be impossible, should notify the editor thereof and withdraw from the review process.

3.3 Confidentiality. Each entire manuscript received for review is treated as a confidential document. It must not be shown to or discussed with anyone except the individuals so authorized by the Editor-in-Chief.

3.4 Objectivity standards. Reviews should be conducted objectively. Personal criticism targeted against the author(s) themselves is inappropriate. Reviewers should express their views clearly, by means of appropriate factual arguments.

3.5 Acknowledgment of sources. Any significant similarity between the reviewed work and any other published article or any duplication should be reported to the editor. Reviewers should identify any relevant published works that have not been duly cited by the authors.

3.6 Disclosure and conflict of interest. Information or ideas obtained through the review process must be treated as confidential and may not be used by the reviewer for personal gain. Reviewers should not undertake the evaluation of manuscripts which involve conflicts of interest arising from their own collaboration or other relationships with any author, private entities or institutions involved in the development of the scientific text. Authors have the right to address reviewer criticisms.

Peer-review Procedure

Review procedure:

1. All scientific texts, including research articles and judicial commentaries (glossa), submitted to the editors of Prawo Morskie (Maritime Law) are subject to a double-blind peer-review procedure.

2. Each scientific text is evaluated by independent experts in the relevant specialty.

3. The editors will make every effort to select reviewers who have no professional or private relationship with any author of the text under review.

4. Reviewers are required to provide an objective assessment of the submitted scientific text.

5. Reviewers are obliged to disclose any and all discovered irregularities, in particular any kind of plagiarism or self-plagiarism.

6. The review must be submitted in writing and must include a clear evaluation of the submitted scientific text.

7. Reviewers are asked to evaluate whether a scientific text is eligible for publication. This evaluation is made based on the following criteria:
- novelty of the topic addressed;
- consideration of the most recent literature on the subject; the use of appropriate methodology;
- and the text’s impact on the current state of research in the field of maritime law, the law of the sea, marine environmental law, or sustainable development and the socioeconomic environment.

8. Scientific texts referred for review are treated as confidential materials.

9. The identity of reviewers remains anonymous throughout the procedure.

10. The authors are obliged to participate in the review process, in particular to accommodate or respond to the suggested corrections, and to remedy any and all error brought to light.

11. In each printed volume of Prawo Morskie (Maritime Law) and on the website, the editors will publish a list of reviewers who collaborated with the journal in connection with a given volume.

Plagiarism Policy

The journal Prawo Morskie (Maritime Law) strictly adheres to the principles of scientific transparency and integrity.

We therefore will accept no forms of plagiarism, ghostwriting, or honorary authorship. In order to prevent such practices, relevant provisions have been included into the agreements signed with authors.

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