Humanities and Social Sciences

Prawo Morskie

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Prawo Morskie | 2002 |

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Abstract

This essay is a general discussion of the most important changes in Polish maritime civil law introduced by the Maritime Code of 19 September 2001. The new Code has been in force since 5 June 2002. The author discusses the scope of the modifications contained in the new Code in relation to the previous Code of 1961. In consideration of the fact that the majority of norms of former maritime law have remained in force under the new Code, the author defines the new legislation as a recodification, rather than a wholly new legal act. He emphasizes and discusses in detail the good points of the new systematization of the maritime Code. In his discussion of particular regulations of the new legislation the author points to a series of dubious or, indeed, mistaken solutions. An example of such is, perhaps, the introduction of a new institution - the Polish Yacht Register. The most important changes in maritime law include the modification of the system of realizing the mortgage of ships. Mainly modelled on British law, the modified system attempts to avoid difficulties stemming from the realization of a mortgage in the course of the execution of a court judgement. It introduces the possibility of seizure of a ship covered by a mortgage and even its sale by the mortgager. The final part of the essay is a list of executive acts added to the Maritime Code that should be swiftly published. The author makes a selection of these instruments, indicating the sequence of their introduction.
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Authors and Affiliations

Mirosław H. Koziński
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Abstract

The new Polish Maritime Code is an inspiration to look at Polish maritime law as a value in itself. The article marks a beginning of such an inspection. It is designed to provoke further discussion on the topic.
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Authors and Affiliations

Zbigniew Godecki
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Abstract

In 1851 the US Congress passed a bill limiting liability in relation to maritime claims. This legislation has remained in force almost unchanged until today. However, the institution of limitation of liability owes its development mainly to US judicial decisions. In comparison to the 1957 and 1976 international conventions relating to the limited liability of the owners of sea-going vessels, the range of the US legislation is relatively narrow. The author argues that - because of their too low limits - neither of the acts she discusses ensures satisfactory damages to those making claims. US courts seem to realize this because they frequently refuse the right to limited liability.
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Małgorzata A. Nesterowicz
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Abstract

In the light of the London Convention of 1989 concerning sea-rescue and salvage, the recovery of property lost at sea may be the subject of a salvage agreement, to the extent that the person deciding on the matter of salvage considers that those objects are threatened by some danger. The situation concerning salvage of property that has already sunk is quite different. Usually haste is not a factor here and the possibility exists of concluding an appropriate agreement. One of the main purposes for beginning work on the London Convention concerning Sea-rescue and Salvage - besides the need to create a willingness among salvagers to work to protect the natural environment - was a desire to expand the scope of maritime salvage. This aim was certainly achieved. In light of the decisions of this convention, almost any property may be the subject of salvage operations, including sunken property.
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Wojciech Adamczak
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Abstract

In article 184, § I of the Maritime Code ( article 188 § 1 of the New Maritime Code), Polish law defines time charter as a contract by which the ship-owner agrees, for remuneration, to hand over to the control of the chartering party a vessel with its crew for a defined period of time or for the duration of one or several successive voyages for purposes defined by the contract. The chartering party has the right only to give the captain instructions in the matter of the exploitation of the ship and within limits set out in the charter contract. The scope within which the crew is under the command of the charterer can be fixed by the parties to the contract. Almost all authors of handbooks on maritime law and of studies of chartering are agreed that the temporary charterer of a vessel does not have any right to interfere in navigational matters.
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Authors and Affiliations

Cezary Łuczywek
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Abstract

This essay presents the legal concept of a "second register" in the Polish Republic, called the Register of International Shipping. The author analyses the phenomenon of "second registers" as forms of supporting national fleets and draws attention to the fact that this is a reaction of traditional maritime states to the development of open registers in flag-of-convenience states. The author attempts to classify various maritime registers in shipping practice. He places particular emphasis on the register policy of the EU. This is an expression of support for their own fleets by member states. The author refers to international principles relating to the registration of ships contained in the 1986 UNCTAD Convention relating to conditions of registering vessels. In detail the essay discusses Polish regulations concerning the affiliation of ship and register, contained in the new maritime Code of 18 September 2001. He sets out clearly the "openness" of the Polish shipping register and the potential ease with which a vessel may assume the Polish flag. Part of this study is made up of extracts from the author's own project for legislation concerning a Register of International Shipping. In the light of this project, a Polish "second register" would become a supplementary register of a special kind, closely linked with the basic, national shipping register. The basic purpose of the register would be to increase the international competitiveness of Polish ship-owners, by creating for them a range of tax advantages and other preferential treatment. The owners of vessels in the register of International Shipping would only pay tonnage tax on their use, and a range of Polish work regulations would not apply to the crews of those ships.
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Authors and Affiliations

Mirosław H. Koziński
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Abstract

New Polish legislation has been passed concerning sea fishing. It regulates certain matters differently from previous legislation. This article deals with this topic, but also goes beyond it. It points to the necessity of defining sea fishing sea fishing more broadly than this legislation does.
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Authors and Affiliations

Zbigniew Godecki
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Abstract

The i 982 UN Convention on the law of the sea came into force on i 6 November i 994. international Tribunal for the Law of the Sea established on the basis of this convention. The Tribune's official languages are English and French. On 18 October 1996, the Tribunal began its activities in Hamburg. The Tribunal is made up of 21 independent judges elected for 9 years. While performing their duties, Tribunal members enjoy diplomatic immunity. The judges choose from their own number a president, Vice-president and Secretary for a term of 5 years. Beginning from the first judgement issued on 4 December 1997 relating to the "Saiga ", the Tribunal of the Law of the Sea has considered to date ten cases, most of which concerned the immediate freeing of ships and temporary funds.
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Janusz Symonides
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Abstract

One of the most important challenges of our times is to attain balanced development. The author of this article considers issues connected with balanced development in the context ofprotecting the maritime environment. Two principles are most important here: the principle of prevention and the principle that the polluter pays. The principle of prevention has the highest place in the catalogue of the principles of international environmental protection law. It is based on the concept that environmental protection aims are best achieved through proactive policies. Alongside prevention, the principle that the polluter pays has an important role in trying to attain balanced development. This principle refers to the fact that the person that causes environmental damage must cover the costs of this.
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Authors and Affiliations

Dorota Pyć
ORCID: ORCID
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Authors and Affiliations

Jacek Trawczyński
Krzysztof Trzciński

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