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Number of results: 240
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Abstract

The author considers the issue of the institution of pilot stations. These have aroused a range of controversies in practice. Article 229 of the new Maritime Code deals with pilot stations. This regulation indicates that the director of a Maritime Office is obliged to create a pilot station, the task of which is "the organization and coordination" of pilot services and the training of pilots and candidates for the position of pilot. Pilot stations operate on the basis of regulations issued by the director of the Maritime Office.
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Authors and Affiliations

Zbigniew Godecki
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Abstract

The freedom of employment of seafarers is connected with the conditions relating to their taking work on foreign-registered ships. This issue has been for some time the object of numerous normalizations of the system of international law connected with the activities of ILO and IMO, and also of the internal systems of individual states. The freedom of employment of seafarers is regulated by European Community law within the framework of the basic community freedoms, that is the free movement of labour. It grants to seafarers who are the citizens of a particular member state the same chances of joining the crews of vessels belonging to any of the fifteen member states. The question remains open, however, of the employment of citizens of countries from outside the EU. In this matter, competence belongs to member states, which independently define the principles under which foreigners can have access to work. In the face of growing competition from states where registration is inexpensive, the EU has undertaken the task of creating a common register of European shipping registers, the so-called EUROS. However, till now this project has not been realized.
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Authors and Affiliations

Monika Tomaszewska
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Abstract

Along with liability for breaking the law, international law recognizes the liability of states for legal activities. The legal liability of a state has taken on increasing importance in the law of the sea and in maritime law. In both normalizations have taken place relating to, inter alia, the liability or co-liability of a state for ecological damage, and also the liability of a state for entities that exploit the sea bed, or what is under the surface of the sea bed, outside the jurisdiction of littoral states. In an approach to these issues, the Commission for International Law agreed in 200 I on a further project for regulations on preventing cross-border damage resulting from dangerous activities.
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Authors and Affiliations

Małgorzata Dąbkowska
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Abstract

An analysis of the regulations of this extensive normative act that governs maritime civil law prompts the author to some critical comments. The result of these criticisms are suggestions for the modification of several norms of the Maritime Code. It is the view of the author that, despite the fact that the new legislation has only recently come into force, an urgent revision is necessary. Part of the proposed changes concern minor mistakes that arose at the final stage of the legislative process. There are, however, also proposals that go further, e.g. the removal from the legislation of the new institution of the Polish yacht register. In total, the author presents more than 50 changes to the new Maritime Code. Along with such revisions, the author also proposes new solutions which have not hitherto existed in the Polish Maritime Code. An example of such a proposal is that of introducing into the Maritime Code the obligation of financial security for ship owners responsible to cover damage done by pollutants other than crude oil. Besides arguments in favour of particular proposals for legislative changes, the article contains concrete outlines of new regulations.
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Authors and Affiliations

Mirosław H. Koziński
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Abstract

The character of this article is legal-administrative, and it deals with the protection ofthe coastal area. The management of the coastal environment is executed by the Maritime Office, which is legally responsible for these areas. The Maritime Office is responsible for the protection of the seashore. In the case study of the cliff which collapsed in Jastrzębia Góra, it cannot be ruled out that the collapse of the structure was caused by a combination of administrative negligence and forces of nature. Therefore, the conclusion in this case is not forgone and requires proper technical, administrative and legal study.
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Authors and Affiliations

Janina Ciechanowicz-McLean
ORCID: ORCID
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Abstract

The author writes about an important problem of maritime commercial law. She draws attention to the possibility of exploiting a form of understanding among ship owners (called line conferences), even on the basis of European law. This will be a matter of importance from the perspective of the interests of Polish ship owners after Poland's accession to the European Union. At the same time the author draws attention to the OECD report which indicates that this specific feature of maritime transport already belongs to the past, and that one can be certain that liberal tendencies will also extend to the business of ship owning. The future will show if the member states of the OECD will adapt to this tendency. It appears that the reform of shipping legislation in the USA in 1988 began a new era of the gradual opening of the shipping-line sector to free competition. Reform will also take this direction in the European Community, although the process will certainly not be speedy.
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Authors and Affiliations

Małgorzata Anna Nesterowicz
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Abstract

The new Maritime Code of2001 contains regulations governing salvage at sea, in Title VJ (Agreements), in Section V/11 (Salvage at Sea), and in Articles 231-249. The content of these regulations is in accord with the decisions of the London Convention of 1989, which came into force on 14 July 1996, and which has not yet been ratified by Poland. The basic changes introduced by the new Maritime Code in relation to salvage at sea have to do with a substantive extension of the object of salvage and with a consideration of the need to protect the natural environment. In accordance with Article 231 of the Maritime Code, salvage at sea involves giving help to a vessel that is in danger in any waters whatsoever, and salvaging property aboard the vessel or originating in it. It also involves salvaging any other property on the sea and not connected permanently and deliberately to the shore. The essence of the change introduced by the new Maritime Code has to do with recognizing as salvaged property any property on the sea, and not just a vessel or property aboard or originating from such a vessel. The author concentrates on comparing the regulations relating to salvage based on the Bruss ells Convention of 191 O and on the new convention SALVAGE 89.
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Authors and Affiliations

Wojciech Adamczak
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Abstract

The author of this article calls into question the suitability of the regulation in the Maritime Code relating to the division of a reward for salvage at sea. According to him, this regulation has been unclear for 30 years. He considers that the transfer of this kind of dispute to general courts may further make it difficultfor the crew ofthe salvaging vessel to obtain a part ofany reward. The division of a reward for salvage within the crew should have more precise definition inasmuch as there is an increasing number ofdisputes on this matter. This view is not reflected in the new Maritime Code; quite the reverse, it regulates this matter in an even more general and enigmatic manner, thus creating huge scopefor legal disputes.
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Authors and Affiliations

Zbigniew Godecki
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Abstract

In 2001 and 2002, a number of inquiries concerning state aid for firms providing services of general economic interest in ports were directed to the European Court of Justice in Luxembourg. These inquiries pertained specifically to the definition of such aid. An answer was anticipated to the question of whether supplying partialfunding from state resources to firms providing services of general economic interest is, in fact, such aid or simply remuneration for services provided. Since the opinions of the European Court of Justice to date have been contradictory, clarification is necessary. One of the cases submitted to the tribunal regarded aid granted to firms which manage rechnical equipment in Italian ports.
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Authors and Affiliations

Małgorzata Anna Nesterowicz
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Abstract

The statute regarding labor on marine merchant vessels, popularly known as the sailing statute, was fundamentally amended by the statute of 20 December 2002. The primary aim of the changes approved by the Polish Parliament was to bring Polish law into line with that of the European Union. This condition is particularly important in the context of the fundamental tenets of the European Union, namely that of legal certitude. It established that organizations have a clearly defined legal position in efficient vindication. The assurance of the effectiveness of EU law does not depend on the formal implementation of regulations, but is assured by the proper execution of the law.
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Authors and Affiliations

Monika Tomaszewska
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Abstract

The author compares regulations in the 1982 United Nations Convention on the Law of the Sea (UNCLOS) with numerous international legal regulations regarding maritime safety which were prepared by the international Maritime Organization (IMO). The close relationship is emphasized between UNCL0S, comprised of general standards which serve as guidelines for maritime legislation, and IMO regulations, which are very specific and sometimes outright technical. The SOLAS, COLREG, STCW, and SAR conventions are considered in detail within the scope of the analyses as are many of the so-called codes and other resolutions of the I MO The main aim of this paper is to illustrate that the links between the law of the sea and maritime law are becoming increasingly strong The author also discusses the state of Polish maritime safety law and expresses concern that there is a lack of interest in issues pertaining to administrative maritime law in Polish jurisprudence.
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Authors and Affiliations

Mirosław H. Koziński
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Abstract

International maritime law has a decisive impact on the shaping of EU policy. Although statements to the fact that no maritime policy exists in the Community occur in both doctrines and discussions, significant attention is still paid to Community maritime issues. Some examples would be maritime safety, intermodal transport and Community activities regarding the sustainable development of the marine environment and its natural resources. All of these elements are closely linked, and perhaps it will be possible in the future to achieve a degree of transport development which will be at once sustainable and integrated according to EU policy.
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Authors and Affiliations

Dorota Pyć
ORCID: ORCID
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Abstract

This article deals with the new convention on the arrest of ships which was approved on 12 March 1999 during the Diplomatic Conference in Geneva held under the auspices of UNCTAD, IMO and CMI. The new convention supplements and more specifically defines the 1952 convention on the arrest of ships. The aim of this article is to describe the new solutions which were introduced four years ago and to compare them with the convention of 1952. The convention on the arrest of vessels oj 1999 is not entirely new. It will enter into force following its ratification by ten States.
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Authors and Affiliations

Krzysztof Kochanowski
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Abstract

The paper presents basic information on EU regulations regarding maritime safety and the prevention of sea pollution by vessels. The importance of this problem is reflected in the establishment of the European Maritime Safety Agency (EMSA). The author describes the basic aims of this new organization and draws attention to some of the consequences its creation will have for Poland following the country's accession to the European Union.
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Authors and Affiliations

Mirosław H. Koziński
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Abstract

The regulations of the new Maritime Code and the statute on maritime safety pose many practical problems. Recent court judgements and administrative decisions regarding agreements and pilot fees signal the intensification of these problems, which are addressed in this paper. Appropriate conclusions, de lege ferenda, are drawn from this, including the conclusion that the profession of sea pilot could possibly be regulated in the same manner as other professions.
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Authors and Affiliations

Zbigniew Godecki
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Abstract

The author presents most important basic current problems of Individual Transferable Quota, of some national systems Quota Exchange, the OECD Proceedings and domestic tradable permits for environmental protection in fisheries sectors. Have been discussed issues of the reform of the Common Fishery Policy as a dilemma: renationalisation or europeisation of decision making process. The objective of the EU structural policy in the fisheries sector consists in adapting the structure and scope offishing fleets to existing fishing capacity, also in respect for biological reasons, living marine resources diminishing. Common Fishery Policy contains elements oj the planned economy i.a. for ecological reasons, while on the market liberal factors are exist. The basic problems ensuing from existence oj regulations concerning the common organisation oj the market of fishery products.
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Authors and Affiliations

Leonard Łukaszuk
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Abstract

Warships, as defined in Article 29 of the Convention on the Law of the Sea of 1982, are granted full immunity by international law. However, this does not imply that the warship's flag State is free of responsibility for its actions, including environmental pollution, or its violation of environmental protection standards. The issue of the State's responsibility occupies a central position in international law and is supported by long-term historical development. It was until the second half of the twentieth century that the principle of international responsibility became unquestionable.
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Authors and Affiliations

Dariusz R. Bugajski
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Abstract

This article deals with the project of Legal Committee of the International Maritime Organization to revise the Convention for the Suppression of SUA. The reason for changes in this convention and other maritime conventions is certainly the growth in the danger of terrorist acts at sea. The author calls this the "11 September" syndrome. The proposed changes, prepared by the US delegation, above all entails a significant widening of the typology of acts against the safety of maritime navigation. The idea of these changes leads to the linking of the new crimes introduced into the SUA Convention with many other anti-terrorist conventions. The author of this essay draws attention to the fact may lead to the attenuation of the maritime specificity of the SUA Convention. The close linking of the SUA Convention with other acts of international law certainly has benefits in terms of systematization, but may hinder the ratification of the new version of the SUA Convention by a range of states. The article points to the difficulties connected with the adaptation of internal law to the contents of the modified convention. It also discusses the postulate of supplementing Polish law with other international anti-terrorist regulations, including the Protocol for the Suppression of Unlawful Acts against the safety of Fixed Platforms Located on the Continental Shelf (Rome 1988).
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Authors and Affiliations

Mirosław H. Koziński
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Abstract

In the paper, there is discussed and presented maritime navigation as an operational process, as a field of study and as a branch of applied science. There is shown the content of these forms, parts of navigation as well as relations among them.
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Authors and Affiliations

Zdzisław Kopacz
Wacław Morgaś
Józef Urbański
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Abstract

A relatively high accuracy and reliability of the Differential GPS system makes the receivers of its signal a very good sensor of a ship position and velocity. Among the input from the gyrocompass, a complete, self-contained and portable ship manoeuvring trial system is obtained. However, the ship instant velocity vector is not measured directly but estimated through the application of the Kalman filter (one of its functions). In case of the ship manoeuvring, this leads to a systematic deviation of such the estimate as compared to the real motion. The magnitude of this bias is being thoroughly investigated for different ship manoeuvres. It appears essential in ship manoeuvring mathematical model identification and/or validation based on full-scale trials.
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Authors and Affiliations

Jarosław Artyszuk

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