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
ORCID: ORCID
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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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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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