Humanities and Social Sciences

Prawo Morskie

Content

Prawo Morskie | 2021 | No XL

Authors and Affiliations

Dorota Pyć
ORCID: ORCID
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Abstract

This article clarifies the prevention of costal sea line. The author describes this subject on the activity of organ of public administration, which is a director of sea office. As the appointed organ responsible for the protection of the environment on costal line of the sea. It has many competences, but there are difficulties with finding specific aim which is a counteraction of crime against the nature of the beaches and area Natura 2000. Protection is not exactly efficient protection, if the consequences of breaking such laws are not enforced. Owners of campings on the beaches on Penisula of Hel they make crime to built with not legal permission a larges beaches and destroy costal line of the sea with the nature in protection of area.
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Authors and Affiliations

Janina Ciechanowicz-McLean
1
ORCID: ORCID

  1. Katedra Prawa Gospodarczego Publicznego i Ochrony Środowiska, Wydział Prawa i Administracji Uniwersytetu Gdańskiego
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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 European Green Deal is a strategy aimed at making Europe climate neutral in 2050. This work plan consists of several initiatives: European Climate Law, European Climate Pact, adaptation strategy, Farm-to Fork strategy and task to increase the EU 2030 climate target towards 55%. The aim of this article is to present the aims and structure of the European Green Deal with special notice on actions planed within „blue economy”. The maritime sector will have to play a central role in alleviating the multiple demands on the EU's land resources and tackling climate change by improving the use of aquatic and marine resources.
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Authors and Affiliations

Monika Adamczak-Retecka
1
ORCID: ORCID

  1. Katedra Prawa Europejskiego i Komparatystyki Prawniczej, Wydział Prawa i Administracji 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 aim of the article is to answer the question about the role of insurance in solving the financial consequences of environmental disasters. Using the method of dogmatic-legal analysis, the author presented legal conditions for the development of environmental insurance in the EU, limiting herself to the EU regulations. Attention was drawn to the global character of the issue by presenting examples of environmental disasters which occurred on other continents. Looking for the specificity of environmental insurance, attention was paid to the importance of the preventive function and the way of its realization as well as the importance of public-private partnership.
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Authors and Affiliations

Dorota Maśniak
1
ORCID: ORCID

  1. Wydział Prawa i Administracji Uniwersytetu Gdańskiego
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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

Obligation to use the best available technology (BAT) in the protection of the environment is envisaged in many international treaties. It is not only legal, but also moral obligation. Treaties concluded under the auspices of the International Maritime Organization (IMO) that aim at the protection of the environment and the prevention of pollution from ships, enshrine the precautionary principle which encompasses the obligation to use the best available technology. Many IMO treaties consider technological development, some of them even drive it, however, not all standards are based on the best and the newest solutions. The discussion at the IMO’s Marine Environment Protection Committee regarding the energy efficiency design index demonstrates the impact of political and economic interests on the text of adopted standards. The Initial IMO strategy on the reduction of greenhouse gas emissions from ships identifies levels of ambitions consistent with the Paris Agreement. In the shipping industry this will be achieved, if the adopted standards were based on the best available technology.
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Authors and Affiliations

Dorota Lost-Siemińska
1
ORCID: ORCID

  1. zastępca dyrektora departamentu prawnego i stosunków zewnętrznych, szefowa biura prawnego, Międzynarodowa Organizacja Morska
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Abstract

In the beginnings of COVID-19 pandemic outbreak public opinion has been con-centrated on the tragic events taking place at the cruise ships, where the new virus has spread substantially. It is not the first outbreak of the infectious disease at a cruise ship. The following article aims at presenting the relevant case law of the British courts that have considered carrier’s liability for passengers’ claims in relation to personal injury caused by the outbreak of gastrointestinal illnesses caused by the norovirus. Fur-thermore, the readers will be familiarized with the legal situation of injured passengers under the American law.
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Authors and Affiliations

Zuzanna Pepłowska-Dąbrowska
1

  1. Katedra Prawa Handlowego i Morskiego, Wydział Prawa i Administracji Uniwersytetu Mikołaja Kopernika w Toruniu
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Abstract

Shipowner’s insurance plays an important role in modern maritime relations. This paper deals with the issues of cargo, fuel and crew insurance. The discussed issue has not found proper reflection in maritime insurance literature, although the history of insurance in maritime transport dates back to the 18th century. The first maritime insurances covered the ship and its cargo and only then the need to introduce the insurance of civil liability for damages caused by sea navigation was noticed. The author’s aim is to draw attention to the variety and complexity of shipowner's insurance both in the subjective and personal sphere.
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Authors and Affiliations

Dominika Wetoszka
1
ORCID: ORCID

  1. Wyższa Szkoła Administracji i Biznesu w Gdyni

Instructions for authors

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

1. All scientific texts, including (but not limited to) research articles and judicial commentaries (glossa), must include distinct introduction and conclusion sections.

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26. The bibliography should be standardized throughout the work according to the article/publication template.

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• tables – should be placed in the text or a separate document (if there are many), do not use embellishments, background colors.

2. All supplementary materials should be accompanied by descriptions regarding their positioning within the column of text and base size, plus any framing guidelines, captions, titles, numbers. Figures and tables should be placed in the main text, close to the place where they are referenced, or on separate pages in numbered order, while indicating in the text the approximate location where they should appear. Please remember to make drawings according to the following guidelines:
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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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