Humanities and Social Sciences

Prawo Morskie


Prawo Morskie | 2002

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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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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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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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Authors and Affiliations

Małgorzata A. Nesterowicz
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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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Authors and Affiliations

Wojciech Adamczak
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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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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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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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Zbigniew Godecki
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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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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

Authors and Affiliations

Jacek Trawczyński
Krzysztof Trzciński

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.

2. The title should be followed by the abstract and keywords. For texts that are not in English, the bibliography should be followed by the title of the text in English, the English keywords and an English abstract at the end.

3. Sources cited in the bibliography should be grouped by type: scholarly literature, legal acts, list of case law, Internet sources.

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

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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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