The Author tries to “think out of the box”, presenting “Sponsalia ex hoc mundo” (“Hand fastening out of this world”). The title reflects the view that the outer space sciences and the sea sciences are analytically separable, but practically interlinked. It might be observed in the context of space technology and satellite technics, a new system of management and government, as well as a new system of law and policy. Nowadays, the outer space infrastructure (the use of artificial Earth satellites for Direct Television Broadcasting, communications, remote sensing, navigation, military missiles) affects infrastructure of our Planet, including maritime infrastructure. There is, therefore, the need for a new face of integrated system of science and practice.
Bałtyk jest nietypowym słonawym morzem, jego fenomen wynika z równowagi zasolenia uzyskiwanej z dopływów wód słodkich i wlewów wód słonych z Morza Północnego. Stan ten nie jest jednak trwały. Od czego zależy?
Jak wody rzek wpływają na jakość wód w Bałtyku? Dlaczego związki chemiczne wprowadzane przez rolnictwo są bardzo niebezpieczne dla wód morskich i jaką przyszłość ma nasze morze?
The article presents the issues related to ecological security of the Baltic Sea. The issue was taken from the perspective of Poland as one of the Baltic States, and also as a Member State of the European Union. The authors discussed the mechanisms and legal instruments which are crucial for the ecological security of the Baltic Sea (i.e. Helsinki Convention of 1974, or Agenda 21 for the Baltic Sea Region “Baltic 21”). The importance of cross-border cooperation has also been emphasized as an essential element of the security policy in the Baltic Sea area. The article also indicated threats to the protection of Baltic waters, among others, eutrophication.
The study addresses the challenges facing the law of the sea. Although UNCLOS is rightly described as a constitution of the law of the sea, it does not and cannot give answers to all problems and doubts that arise in practice and that are related to global warming, protection of biodiversity, legal status of genetic resources, controversy concerning shipping, delimitation of areas or the protection of underwater cultural heritage. Hence the question arises, what the ways and means of further development of the law of the sea are. Undoubtedly, one of the possibilities is to develop implementation agreements, of which the third devoted to the protection and sustainable use of marine biodiversity outside national jurisdiction is the subject of an international conference convened by the General Assembly, whose resolutions in the area of the law of the sea play an important role. Undoubtedly, also the importance of the organization of the United Nations system, such as the IMO, FAO, UNESCO, UNEP is significant. There is also the possibility of accepting agreements addressing the issues left by UNCLOS without solution or definition. Not without significance is the soft law and the practice of states as well as the position of the organs appointed by UNCLOS.
Przeciętny konsument używa plastikowych opakowań praktycznie do wszystkiego: zakupów, przechowywania żywności, zbierania odpadów. Mało kto zastanawia się nad tym, gdzie trafiają zużyte opakowania i jakie są ich losy w środowisku.
The concept of ecosystem services becomes more and more popular in regulation of the environmental protection. One of the premises of that concept is treatment of a human and human activity as an integral part of an ecosystem. Interrelations between human activity and ecosystem can be described through the concept of ecosystem services. A certain degree of commodification of natural environment which is immanently connected with the concept of ecosystem services can become useful as a tool of assessing the impact of human activities on ecosystem as well as regulating that impact. Marine protection law is a good example of attempts to introduce the interrelated concepts of ecosystem approach and ecosystem services into functioning of the regulatory schemes.
There is a growing interest in new transportation routes that combine benefits of shorter distances, cost-effective transits and routes not troubled by maritime security concerns. The Northwest Passage offers a package of routes through the Canadian maritime zone; it is 9,000 km shorter than the Panama Canal route and 17,000 km shorter than the Cape Horn route. The Northern Sea Route shortens a Hamburg-Yokohama voyage by 4,800 miles, in comparison with the Suez Canal route. The transpolar route, if it materializes with an ice-free Central Arctic Ocean route, would shorten distances even further. Given the increase in regional and international navigation and shipping in the region, it is therefore not surprising that in recent years Arctic States and international bodies focused on the needs of enhanced safety and environmental standards for polar shipping. In addition to the dedicated domestic polar shipping regulation, primarily in Canada and the Russian Federation, the Arctic Council and International Maritime Organization (IMO) have launched important initiatives. The most important is establishing of international rules for ships operating in polar waters – The Polar Code.
The aim of the study is to examine the importance of economic argumentation in international maritime disputes. The paper first explains what the international maritime disputes, their sources and types are, what principles they are subjected to. It also established what should be understood by economic arguments, emphasizing their relative nature, as well as showing the potential of the Convention on the Law of the Sea of 1982 as a basis for formulating economic argumentation. The importance of economic argumentation was considered in relation to international disputes regarding the legal status of maritime territories, delimitation of maritime zones, power over the sea and use of the sea.
Research, carried out, leads to the following conclusions: 1) economic arguments are present in the reasoning of the parties as well as dispute settlement bodies. However, their probative value is limited; 2) in disputes related to the status of maritime features economic reasoning appears in the context of necessity to demonstrate that they can be a basis for delimitation; 3) in delimitation disputes, addressing economic arguments is more complex and contradictory. Economic arguments may be useful in the second phase of delimitation when relevant circumstances are considered. However, the existing practice shows that the range of economic arguments is limited (they cannot serve as a reason for correction of natural inequalities). International jurisprudence denies taking into account arguments based on level of economic development or economic or financial difficulties of a state (except for the catastrophic repercussions for the livelihood and economic wellbeing of the population), the needs of economic development or performance of economic activities (mining, fishing, shipping). An argument associated with assurance of deposit unity is of some importance (when resources are known or readily ascertainable); 4) in disputes concerning the power over the sea some weight is held by an argument associated with the establishment of economic authority, in particular, of a regulatory and control nature; 5) in disputes related to the use of the sea, the importance of economic reasoning is varied. In disputes concerning the prompt release, the role of the economic argument is limited. On the contrary, it is relevant in disputes related to the violation of rights and economic interests of States and people, if they are protected by international law.
The main reason behind the development of the International Safety Management Code was a series of tragic maritime accidents at the end of the twentieth century caused by human error. The ISM Code has introduced a brand new instrument, the safety management system (SMS), to the set of already existing legal devices, established to ensure safety during ship operation. Properly applied and implemented within the shipping company, SMS can be an advantage that will not only result in a measurable increase in the level of safety, but will also result in cost optimization and an increase in the company’s reputation. However, if an SMS is conceived without commitment and conviction on the part of the management, it will be only an empty and façade, bureaucratic procedure that will not only fail its purpose, but will also only be an additional burden for all staff. The following article will present the characteristics of SMS and its impact both on the broadly understood safety in the shipping company, and including vessels in its fleet, moreover the requirement of the efficiency of SMS procedures specified in shipboard manual for each vessel will be emphasized, which is the need to create a new safety culture.