Humanities and Social Sciences

Prawo Morskie

Content

Prawo Morskie | 2003 | No XIX |

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Abstract

The author presents most important basic current problems of Individual Transferable Quota, of some national systems Quota Exchange, the OECD Proceedings and domestic tradable permits for environmental protection in fisheries sectors. Have been discussed issues of the reform of the Common Fishery Policy as a dilemma: renationalisation or europeisation of decision making process. The objective of the EU structural policy in the fisheries sector consists in adapting the structure and scope offishing fleets to existing fishing capacity, also in respect for biological reasons, living marine resources diminishing. Common Fishery Policy contains elements oj the planned economy i.a. for ecological reasons, while on the market liberal factors are exist. The basic problems ensuing from existence oj regulations concerning the common organisation oj the market of fishery products.
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Authors and Affiliations

Leonard Łukaszuk
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Abstract

Warships, as defined in Article 29 of the Convention on the Law of the Sea of 1982, are granted full immunity by international law. However, this does not imply that the warship's flag State is free of responsibility for its actions, including environmental pollution, or its violation of environmental protection standards. The issue of the State's responsibility occupies a central position in international law and is supported by long-term historical development. It was until the second half of the twentieth century that the principle of international responsibility became unquestionable.
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Authors and Affiliations

Dariusz R. Bugajski
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Abstract

The author compares regulations in the 1982 United Nations Convention on the Law of the Sea (UNCLOS) with numerous international legal regulations regarding maritime safety which were prepared by the international Maritime Organization (IMO). The close relationship is emphasized between UNCL0S, comprised of general standards which serve as guidelines for maritime legislation, and IMO regulations, which are very specific and sometimes outright technical. The SOLAS, COLREG, STCW, and SAR conventions are considered in detail within the scope of the analyses as are many of the so-called codes and other resolutions of the I MO The main aim of this paper is to illustrate that the links between the law of the sea and maritime law are becoming increasingly strong The author also discusses the state of Polish maritime safety law and expresses concern that there is a lack of interest in issues pertaining to administrative maritime law in Polish jurisprudence.
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Authors and Affiliations

Mirosław H. Koziński
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Abstract

International maritime law has a decisive impact on the shaping of EU policy. Although statements to the fact that no maritime policy exists in the Community occur in both doctrines and discussions, significant attention is still paid to Community maritime issues. Some examples would be maritime safety, intermodal transport and Community activities regarding the sustainable development of the marine environment and its natural resources. All of these elements are closely linked, and perhaps it will be possible in the future to achieve a degree of transport development which will be at once sustainable and integrated according to EU policy.
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Authors and Affiliations

Dorota Pyć
ORCID: ORCID
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Abstract

In 2001 and 2002, a number of inquiries concerning state aid for firms providing services of general economic interest in ports were directed to the European Court of Justice in Luxembourg. These inquiries pertained specifically to the definition of such aid. An answer was anticipated to the question of whether supplying partialfunding from state resources to firms providing services of general economic interest is, in fact, such aid or simply remuneration for services provided. Since the opinions of the European Court of Justice to date have been contradictory, clarification is necessary. One of the cases submitted to the tribunal regarded aid granted to firms which manage rechnical equipment in Italian ports.
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Authors and Affiliations

Małgorzata Anna Nesterowicz
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Abstract

The statute regarding labor on marine merchant vessels, popularly known as the sailing statute, was fundamentally amended by the statute of 20 December 2002. The primary aim of the changes approved by the Polish Parliament was to bring Polish law into line with that of the European Union. This condition is particularly important in the context of the fundamental tenets of the European Union, namely that of legal certitude. It established that organizations have a clearly defined legal position in efficient vindication. The assurance of the effectiveness of EU law does not depend on the formal implementation of regulations, but is assured by the proper execution of the law.
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Authors and Affiliations

Monika Tomaszewska
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Abstract

The paper presents basic information on EU regulations regarding maritime safety and the prevention of sea pollution by vessels. The importance of this problem is reflected in the establishment of the European Maritime Safety Agency (EMSA). The author describes the basic aims of this new organization and draws attention to some of the consequences its creation will have for Poland following the country's accession to the European Union.
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Authors and Affiliations

Mirosław H. Koziński
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Abstract

The regulations of the new Maritime Code and the statute on maritime safety pose many practical problems. Recent court judgements and administrative decisions regarding agreements and pilot fees signal the intensification of these problems, which are addressed in this paper. Appropriate conclusions, de lege ferenda, are drawn from this, including the conclusion that the profession of sea pilot could possibly be regulated in the same manner as other professions.
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Authors and Affiliations

Zbigniew Godecki
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Abstract

This paper does not attempt to present a complete or complex description of subcharter issues. It is simply an attempt to illustrate the certain degree diversity of this institution based on the example of selected problems regarding events which often occur during this type of vessel employment. By a contract of time - charter the ship's operator undertakes for remuneration to place at the disposal of the charterer a manned vessel for a specified period of time or for the duration of one or several consecutive voyages for the purpose as provided by the contract. Within the limits of rights as determinet by the contract, the charterer may conclude a contract of time - charter with a third person (subcharter). No doctrinal papers have been published on the subject of subcharter. Not are there any Polish judicial verdicts in the field of time charters. Polish literature on this subject is scant, but, as justification for this it must be said that subcharter is not widely discussed in the English language literature either. The most abundant source of information on subcharter comes from arbitration decisions handed down by courts in London and New York.
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Authors and Affiliations

Cezary Łuczywek
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Abstract

This article deals with the new convention on the arrest of ships which was approved on 12 March 1999 during the Diplomatic Conference in Geneva held under the auspices of UNCTAD, IMO and CMI. The new convention supplements and more specifically defines the 1952 convention on the arrest of ships. The aim of this article is to describe the new solutions which were introduced four years ago and to compare them with the convention of 1952. The convention on the arrest of vessels oj 1999 is not entirely new. It will enter into force following its ratification by ten States.
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Authors and Affiliations

Krzysztof Kochanowski
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Abstract

The character of this article is legal-administrative, and it deals with the protection ofthe coastal area. The management of the coastal environment is executed by the Maritime Office, which is legally responsible for these areas. The Maritime Office is responsible for the protection of the seashore. In the case study of the cliff which collapsed in Jastrzębia Góra, it cannot be ruled out that the collapse of the structure was caused by a combination of administrative negligence and forces of nature. Therefore, the conclusion in this case is not forgone and requires proper technical, administrative and legal study.
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Authors and Affiliations

Janina Ciechanowicz-McLean
ORCID: ORCID

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