Humanities and Social Sciences

Prawo Morskie


Prawo Morskie | 2000 | No XIII

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This article deals with maritime education in terms of teaching international maritime law. Far-reaching educational and training programmes in the field ofrecent developments in maritime law have been generated recently by the United Nations Division for Ocean Related Matters and the Law of the Sea. These aim to achieve the general adoption of the contents ofthe Convention on the law ofthe sea from 1982. Issues ofinternational maritime law have found an appropriate place in the education systems of the USA and of France. In Poland, too, this area is taught at an appropriate level within the maritime education sector.
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Authors and Affiliations

Leonard Łukaszuk
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The author discusses the world-wide regulation of international disputes against the background ofarticle 33 of the United Nations Charter, the UN Convention on the law of the sea from 1982, and other international legal documents. International custom plays a separate role in the determination of international disputes. In a further part of the article, the author interprets among other matters: the character of maritime disputes and the procedure for arbitration; international maritime disputes against the background of the UN Convention on the law of the sea from 1982; the settling of maritime disputes related to property through arbitration.
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Jonas Bergholcas
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One should note that, in the area ofmaritime environmental protection and of liability for pollution, these matters are regulated by secondary legislation of the European Community, above all by directives and decisions. However, a special role is played here by international conventions. Among these are: the MARPOL convention 1973/1978; the convention on protecting the maritime environment of the Baltic (1974 and I 992); and also the convention on the law of the sea from 1982. Community treaties are a source supplementing Community law. Environmental protection is an area of co-operation between the European Community and Poland. It affects various economic sectors, and is an essential criterion in economic decision-making. The European Community's basic norms relating to maritime matters are: I. Council Decision 75/437/EWG on pollution of the sea from land-based sources; 2. Council Directive 76/160/EWG on water quality in bathing resorts; 3. Council Directive 76/464/EWG on the dumping of dangerous substances; 4. Council Directive 82/176/EWG on the dumping of mercury; 5. Council Directive 83/513/EWG on dumping cadmium; 6. Council Directive 93/75/EWG fixing minimum requirements for ships entering or leaving Community ports, and carrying dangerous or polluting materials. This directive reflects MARPOL requirements. 7. Commission Decision 93/550/EWG on the accession of the European Community to the Convention on the protection of the maritime environment of the Baltic from 1974. Poland is also a party to all the conventions noted above, and they are part of Polish law. In the light ofthis, one must note that the legal protection ofthe maritime environment and liability for its pollution are regulated in the same way in Polish and in European Community law. This is a result of the universal scope of international conventions in this matter.
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Janina Ciechanowicz
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The concept of estoppel appears in Anglo-Saxon judicature, and also applies in international relations. It is current both in peace-time and in conditions of armed conflict. At its most general, one can define estoppel as a voluntary renunciation of procedures for establishing proofs. A physical or legal entity, especially however a state, cannot deny the existence of facts or of a law if previously they have drawn advantage from these facts. The author analyses different forms of the concept of estoppel: I. on the basis of concrete physical action; 2. on the basis of a treaty, compromise, exchange of notes, publication, or other written from; 3. on the basis of the principle of legitimacy.
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Authors and Affiliations

Tadeusz Maria Gelewski
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In this article the author discusses the military aspect of the Convention on the law of the sea of 1982. He touches on: the definition of a warship; the institution of innocent passage; the right of search and inspection, and the right of pursuit; transit through maritime straits; areas ofarmed conflict; mined areas; and the exclusively peaceful use of seas and oceans. The use of armed force at sea is permissible as an act of self-defence as defined in article 51 of the United Nations Charter. The use of armed force at sea is also permissible within the framework of international sanctions authorised by the UN Security Council. However it is not permissible as an act of mutual aid.
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Authors and Affiliations

Janusz Gilas
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The author presents Professor LeonardŁukaszuk's position on the problems ofPoland's maritime policy. He discusses the dispute between the People's Republic of Poland and the German Democratic Republic over the delimitation of territorial waters in the Gulf of Pomerania - a dispute which arose between 1988 and 1989 and in which Professor Łukaszuk played a role. Professor Łukaszuk's principal area of interest, which he has presented in Maritime Assemblies, is the issue of the development of international co-operation between Poland and the countries of the Baltic region. All Professor Łukaszuk's papers, although based on scholarly-legal argumentation, have always also had a political dimension. Taking as his basis the position that Poland has a right to ,,husbandry of the sea", Professor Łukaszuk has always involved himself fully wherever Polish rights and interests have been threatened.
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Authors and Affiliations

Jerzy Goliński
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This article discusses a wide range oflegal consequences connected with the ratification in 1998 by the Republic ofPoland oftheUNConvention on the law ofthe sea. In particular, it notes compliance with the demands of the Convention relating to the innocent passage ofwarships, including submarines, and the introduction of limitations on the movements of sea-going vessels of special kinds within Polish territorial waters. The completion of normalisations permitting the signalisation of the lack of effective flag state jurisdiction over foreign vessels is seen as being appropriate. The author's basic legislative postulate is the introduction - in line with article 33 of the Convention - within Polish waters of a contiguous zone. This would permit the effective protection of the interests of the Republic of Poland in the area of customs, taxation, immigration and health regulations. A subsequent part of the article discusses the necessity of bringing Polish regulations concerning scientific maritime research into line with the Convention. This would be in the areas of so-called presumed permission for research, of legal regulations in the area ofthe definition ofpiracy, ofthe criminal nature ofillegal radio and television transmissions on the open sea, and of administrative regulations relating to the awarding of captain's certificates and of certificates of qualification. The author suggests that there will be a growth of interest in the regulations of the Convention as they apply to private law. He points to a range of normalisations, among others, in the area of civil liability - including the civil liability of subjects under international law. The author stresses the difficulties ofadapting civil law solutions within the framework of international relations. He does this via the example of so-called statewarranty, which is anticipated in the Convention. Finally several aspects of the right of transit of inland states are analysed, as are legal issues connected with the detention of vessels by maritime states. In conclusion the author argues that a relatively small number of changes in Polish legislation would permit the better implementation of the Montego Bay Convention.
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Authors and Affiliations

Mirosław H. Koziński
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This article presents historically the main trends, thoughts and propositions of states relating to the external borders of the continental shelf. These were presented at the III UN Conference on the Law of the Sea, and shaped the content of article 76 of the Convention on the Law of the Sea from 1982. The survey is conducted in relation to the central matter - proposed by several states - of the decisions contained in article 1 of the Geneva Convention with regard to the continental shelf from 1958.
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Authors and Affiliations

Tadeusz Wasilewski

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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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