Humanities and Social Sciences

Prawo Morskie

Content

Prawo Morskie | 2020 | No XXXVIII |

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Abstract

The article presents the main elements of the European transport policy and the issues prevailing in the public debate in the last decade, i.e. 2010-2020. In particular, it analyses the challenges for European transport resulting from the need to combat climate change and to ensure a high level of environmental protection and safety, while taking into account the progressing technological revolution. The main assumptions of the European Green Deal, which aims to achieve climate neutrality by the European Union by 2050, are presented. The example of maritime transport serves to describe how various transport sectors are being brought into line with EU climate targets.

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Authors and Affiliations

Magdalena Adamowicz
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Abstract

Standard shipping documents such as bills of lading, charter parties, ship management contracts or cargo declarations are prepared to facilitate international maritime traffic. Their application improves the process of determining the content of various types of contracts, which is important in view of the increasing pace of economic turnover. The Baltic and International Maritime Council (BIMCO) plays a leading role in the development of such documents. The shipping documents it creates, as well as individual contractual clauses, are widely used in global shipping. BIMCO's activity, including its contribution to the creation of rules, general terms and standard contracts for international trade, is fundamental, and BIMCO itself can be considered the most important international maritime non-governmental organization in this respect.

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Authors and Affiliations

Cezary Łuczywek
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Abstract

This article deals with the influence of the maritime pilot on safety of navigation. The role of the pilot is somewhat marginalized, although his activity is directly related to ensuring the safety of navigation in sea ports, protection of the marine environment and minimizing the risk of collision with ships and port infrastructure. Pilot services have been entrusted to private entrepreneurs who meet certain legal requirements and are subject to supervision by the maritime administration. The article contains a reference to the decisions of the Maritime Chamber in Gdańsk in a case, in which the maritime pilot contributed to an accident in the port of Gdańsk and the analysis of these decisions in the context of the role of the pilot in the safety of navigation in port.

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Authors and Affiliations

Dominika Wetoszka
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Abstract

The environment in general and the marine environment in particular forms an ecosystem. Such ecosystem is characterized by high interconnectivity and interdepen-dence of species inhabiting it. Often enough, marine ecosystems far exceed the limits of the State’s sovereignty. Thus, their effective protection and preservation shall be carried out on a cooperative basis, engaging all States sharing common environment. The first international treaty to tackle the issue of marine environmental protection on a systemic basis is the United Nations Convention on the Law of the Sea (UNCLOS). It is also a treaty which directly established an obligation to cooperate in ensuring this protection. However, homogenous international regulation is not capable of addressing regional varying circumstances of marine environment. As the example of the South China Sea shows, lack of cooperation between coastal States can result in an irreversible damage to the environment. On the other hand, a remarkable model of effective realization of the obligation to cooperate has been established in the region of the Baltic Sea. What we can learn from these experiences is that fulfillment of the obligation to cooperate on a re-gional basis is a prerequisite for effective protection and preservation of the marine environment.

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Authors and Affiliations

Karolina Letniowska
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Abstract

This article aims to present the issues related to the legal framework for conducting economic activity in the form of marine aquaculture, consisting of farming marine organisms. The work analyses mainly selected the regulations of international law because it is these regulations that shape the rights and obligations of states, producers, farmers and society in the field of ocean farming, as well as in the context of marine resources, which are undoubtedly a common good for all mankind. The author also discusses the legal status of maritime areas in which aquaculture is cultivated.

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Authors and Affiliations

Jakub Puszkarski
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Abstract

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.

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Authors and Affiliations

Michał Małczyński

Editorial office

Redaktor naczelny:
Dorota Pyć

Zastępcy redaktora naczelnego:
Magdalena Adamowicz
Justyna Nawrot

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