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EN
Plastic littering has recently become one of the most highly recognized dangers to the marine environment. The problem of marine plastic pollution is not new and was identified more than half a century ago. Recently, however, with increased media coverage and focusing events such as the discovery of the Great Pacific Garbage Patch, the problem can no longer be ignored. Several legal instruments address this problem. IMO norms aiming to reduce plastic debris were adopted 30 years ago. The MARPOL Convention includes annexes designed to help fight plastic debris. Other maritime legal instruments can also be leveraged to challenge this problem. As with other marine environment problems, the primary source of the problem, and thus the key to addressing it, is located on land. EU directives can serve as an interesting model for reducing marine pollution. The European Commission proposed new EU-wide rules in May, 2018 to target the 10 single-use plastic products most often found in Europe’s coastal habitats, as well as lost and abandoned fishing gear. Together these constitute 70% of all marine litter items. The adoption and implementation of this instrument may represent a game changing approach in the battle against marine pollution.
EN
The aim of this article is to dispel any nomenclatural confusion related to the notion of FSRU. Sometimes FSRUs are classified as ships or vessels; sometimes as stationary units. The article will attempt to explain in which case FSRUs may be classified as ships. This article describes one of the most persistent legal problems in Polish maritime law, which is the FSRU implementation in the Baltic Sea. The application of FSRU solutions was analysed in relation to LNG maritime transport. This analysis is concerned only with a fragment of wider theoretical considerations about the placement of the definition of the ship in different national legal systems as well as the importance of translation and correct understanding of the words denoting the ship or the vessel.
PL
W artykule poddano analizie aktualne wymagania międzynarodowe na temat wyposażenia ratunkowego statków pasażerskich i minimalnych kwalifikacji załogi w zakresie jego obsługi oraz przedstawiono zbiorowe i osobiste wyposażenie ratunkowe stosowane na współczesnych wycieczkowcach i promach pasażerskich. Publikację kończą uwagi na temat problemów z przeprowadzeniem szybkiej i skutecznej akcji opuszczenia statku pasażerskiego i uratowania rozbitków, szczególnie w tak zwanych odległych obszarach morskich.
EN
The article analyzes the current international requirements for passenger ships life-saving appliances and minimum crew qualification for their operation, and presents collective and personal rescue appliances used on modern cruise vessels and passenger ferry boats. The publication ends with comments on the issue of carrying out fast and effective abandon of the passenger ship and rescue survivors operations, especially in so-called remote maritime areas.
PL
Podczas występowania sytuacji kryzysowej w żegludze, prawo morskie dotyczące bezpieczeństwa żeglugi przewiduje stosowanie określonych procedur ratunkowych i ratowniczych. Dotyczą one działań ratowników i ratowanych. Na działania te w warunkach rzeczywistych ma wpływ między innymi czynnik ludzki. Autorzy, na podstawie wybranych zdarzeń rzeczywistych dokonuje próby identyfikacji czynników mających wpływ na skuteczność działania procedur prawnych w warunkach rzeczywistych. Celem jest ograniczenie lub wyeliminowanie negatywnych skutków występowania czynnika ludzkiego w czasie realnego zagrożenia i podniesienie poziomu zdolności przetrwania w sytuacji kryzysowych w żegludze.
EN
While the occurrence of a crisis in shipping, maritime law regarding safety of shipping provides for the use of specific procedures lifeboats and rescue. They concern the rescuers and the rescued. These actions in real conditions is influenced by, among others, the human factor. The author, on the basis of selected, actual events attempts to identify the factors affecting the effectiveness of the legal procedures in real conditions. The goal is to reduce or eliminate the negative effects of the presence of the human factor during the real threat and raise the level of ability to survive in a situation of crisis in shipping.
EN
The new international convention on ship recycling was adopted by IMO in May 2009 in Hong Kong, China, in accordance with IMO in December 2009. The Hong Kong International Convention for the environmentally sound management and security ships25 recycling is to ensure that vessels are to be recycled once they have reached the end of its useful life not involve an unreasonable risk to human health and safety or the environment. This new agreement includes: the design, construction, operation and preparation of ships to facilitate safe and environmentally sound recycling, without compromising the safety and operational efficiency of ships, the operation of ship recycling facilities in terms of Safety and Environment and the establishment of an enforcement mechanism for ship recycling, incorporating certification and reporting requirements. The text has been developed over three years of preparatory work before the Conference, with contributions from Member States of IMO and non-governmental organizations and in cooperation with the ILO and the parties of Convention Basilea26.
6
Content available remote Maritime Law of Salvage and Adequacy of Laws Protecting the Salvors’ Interest
EN
Under maritime law salvage is encouraged and given priority with respect to salvage awards in many aspects such as maritime liens, leniency on salvors’ negligence, right to limit liability and to the extend of departure from “no cure no pay principle” in the case of unsuccessful salvage but have saved the environ-ment. These laws in favor of salvage affecting the salvors are not straight forward and have been criticized in some cases. This paper discusses the relevant maritime law principles under each circumstances criticism they face and legal remedies available to safeguard the interest of the salvors and access the adequacy of maritime laws pro-tecting the salvors interest.
7
Content available remote Maritime Delimitation in the Baltic Sea: What Has Already Been Accomplished?
EN
To write a legal paper for an audience consisting primarily of experts in the field of navigation, transport, ocean engineering and maritime technology is not an easy task. Finding an appropriate box to tick when having to indicate the topic of the contribution when the title of the present contribution was submitted to the organizers of the conference, represented already a first hurdle. In the list of about 90 possibilities, not one really fitted the subject matter of the present contribution. This was particularly worrisome, because the instructions here read: “Choose maximum three topics”. Consequently, I would particularly like to thank the organizers of the conference for having stretched somewhat the purview of the conference in order to accom-modate a legal paper. The next difficulty, of course, rests on the shoulders of the present author, for he will have to write a legal paper understandable to an audience of which not all members may be familiar with the international law of the sea. Having served as a regional expert on maritime delimitation with respect to the Baltic Sea in a world-wide project initiated by the American Society of International Law, and still ongoing today,34 a good number of publications by the present author on this topic have appeared in legal journals or specialized books. Despite the normal practice in legal papers of making extensive use of footnotes, the pre-sent paper will only make use of a minimum number of other references, in order to enhance its readability for non-lawyers. Instead, it will provide a listing in annex of the writings by the present author on the subject to which the interested reader, wanting to find out more concrete guidelines and information, may readily turn.The present paper, first of all, is not concerned with maritime law -- a term to be found in the above-mentioned list -- but with the law of the sea. These two concepts, even though they might have been confused in the past, are today clearly distinguished from one another. The law of the sea concerns the rules of interna-tional law governing the different maritime zones and the activities carried out there. It forms a branch of in-ternational law, for it concerns mainly the relationship between states and is consequently also sometimes called “international law of the sea” or even “international public law of the sea”. Maritime law, on the other hand, is part of the national law of a state, for it deals with private interests at sea in general, and with the rela-tionship between those who exploit ships and those who make use of them more particularly. It is therefore sometimes also called “commercial maritime law”.35 After having clarified a few crucial law of the sea notions, the present paper tries to bring some order in the maritime boundary agreements concluded so far in the Baltic Sea. It does so by taking a major political event as caesura, namely the disappearance of the former Soviet Union from the political map of the world during 1991. Finally, some concluding remarks will try to describe the present state of affairs, while comparing it to the situation as it existed on the eve of this major political event of 1991.
8
Content available remote European Union's Stance on the Rotterdam Rules
EN
In today's rapidly globalizing world economy, the importance of maritime transportation is increasing. Today, approximately 80% of the global transportation services is done by the seas. Therefore, the international laws and regulations that outlines the rights and responsibilities/obligations of the carriers and cargo owners is of very high importance for the smooth running of this global maritime transportation system. On the other hand, today, "door to door" and "multimodal" transport is getting widely used. However, during this type of highly complicated transportation, the rules and the applicable laws with regards to rights and obligations of the parties (carriers and cargo owners) greatly vary, and this creates several problems particularly about the carrier's liabilities. For offering solutions to these problems and creating world-wide uniformity about the carrier's and cargo owners' rights and obligations, United Nations Commission on International Trade Law (UNCITRAL) has offered alterations to the current international regulations in force (which are now generally called as Rotterdam rules), and, to this date, more than 20 countries have signed this new international agreement. On the other hand, as is well known, the European Union countries are important players as both carrier and cargo owner countries today, and their perspectives and decisions concerning the approval of the Rotterdam Rules is of very high importance for the future and international applicability of these rules. In this context, this article will first focus on the history and the legal structure of the EU, and then study the European Union's stance on the Rotterdam Rules, the impact of the possible EU legislation preparation on the same areas, and the existent steps that are taken (as well as possible future steps) by the European Commission with regards to alternative legislation creation for the EU seas.
PL
Artykuł podejmuje problematykę zagrożenia bezpieczeństwa występującego w żegludze światowej. Prezentowane w nim studium przypadków w sposób skomasowany przedstawia tendencje i kierunki, z jakich należy się spodziewać potencjalnego zagrożenia dla żeglugi morskiej. Autorzy zwracają uwagę na konieczność podjęcia prac zmierzających do nowelizacji prawa morza w odniesieniu do istniejących zagrożeń.
EN
The paper deals with threats to security related to the world shipping. The case studies presented illustrate tendencies and directions of potential threats to world shipping. The authors emphasize the necessity of undertaking efforts aimed at amending maritime law with reference to the existing threats.
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