The concept of control over electronic transferable records is the central premise of the UNCITRAL Model Law on Transferable Electronic Records. It indicates the method of determining the party who has the rights embodied in the negotiable electronic record. The purpose of this article is to present the most important issues related to documents and instruments that have a circular function in international maritime trade, and the intention to create a legal framework for them when they take the form of electronic records.
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 is an attempt to present circumstances that nowadays determine negotiating, conclusion and performance of a multimodal transport contract in Poland. Author focuses in particular on parties’ approach, their business and legal conscience in this respect, as well as their decisions’ practical consequences. Doctrinal aspects of a multimodal transport contract are taken into account only as long as it is essential in examining the most common practices of the parties to the contract. Due to particular character of this publication, the method of author’s views presentation is as brief as possible.
The aim of this study is to examine the importance of the decision in Engelhart CTP (US) LLC v Lloyd’s Syndicate 1221 with regard to the insurance of economic losses and non-existent goods in the context of all-risks cover. It also strives to analyse to what extent the principles of construction described in this decision are applicable to the interpretation of all risks cover in marine insurance disputes subject to Polish law. Assureds and beneficiaries of cargo policies are defrauded into taking up false documents for non-existent goods yet Polish law fails to address the questions which arise in such situations. It is thus important not only to investigate and evaluate the answers provided by English law but also to explore if and how Polish law may employ them. It follows from this study that Engelhart may be used in construction of all-risks policies subject to Polish law in most scenarios.
The concept of a general average is the oldest institution of maritime law. Its usefulness in modern shipping relations has long been criticized. Nevertheless, the general average, despite the fact that it is not the subject of any international agreement, occupies a prominent place in the internal legal systems of maritime states, and the international community continues to show great interest in it, regularly changing the principles of accounting established in the second half of the 19th century in York and Antwerp. During the work on the draft of the new Polish Maritime Code, the Maritime Law Codification Commission made some changes in the regulations concerning the general average, adapting the provisions of Polish law to new solutions proposed by participants of international maritime trade and non-governmental organizations, including Comité Maritime International.
Technical and operational energy efficiency measures for ships, such as the energy efficiency design index (EEDI) and ship energy efficiency management plan (SEEMP), aim to improve the energy efficiency of international shipping. Studies show that absolute emissions from international shipping will increase despite their mandatory application. For this reason, it is important to assess the impact on the effectiveness of the application of mandatory efficiency measures on future emissions. Further measures are being developed at the International Maritime Organization to control emissions from ships, in particular greenhouse gases (GHG) that contribute to climate change. In January 2019, a system of collecting fuel consumption data by ships (Ship Fuel Oil Consumption Database) was introduced.
Energy efficiency measures promoted by the IMO Maritime Environment Protection Committee, initially as facultative, then as mandatory, show strong preventive character. The mandatory use of energy efficiency measures by ships as well as the development of energy efficiency management policies by shipping companies contributes to climate protection and adaptation to climate change.
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