Nauki Humanistyczne i Społeczne

Prawo Morskie

Zawartość

Prawo Morskie | 2000 | No XIII |

Abstrakt

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.
Przejdź do artykułu

Autorzy i Afiliacje

Leonard Łukaszuk

Abstrakt

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.
Przejdź do artykułu

Autorzy i Afiliacje

Jonas Bergholcas

Abstrakt

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.
Przejdź do artykułu

Autorzy i Afiliacje

Janina Ciechanowicz

Abstrakt

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.
Przejdź do artykułu

Autorzy i Afiliacje

Tadeusz Maria Gelewski

Abstrakt

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.
Przejdź do artykułu

Autorzy i Afiliacje

Janusz Gilas

Abstrakt

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.
Przejdź do artykułu

Autorzy i Afiliacje

Jerzy Goliński

Abstrakt

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.
Przejdź do artykułu

Autorzy i Afiliacje

Mirosław H. Koziński

Abstrakt

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.
Przejdź do artykułu

Autorzy i Afiliacje

Tadeusz Wasilewski

Ta strona wykorzystuje pliki 'cookies'. Więcej informacji