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Number of results: 29
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Abstract

The Article concerns law on maritime carriage of goods, and more specifi-cally, incorporation of international standards into the new Polish maritime code. The Author discusses stages of development of those common standards, including the Hague-Visby rules (1924/1968), Hamburg Rules (1978) and Rotterdam Rules (2009). The focus however is on a unique feature of Polish domestic law, often referred to as hybrid approach, due to its characteristic amalgamation of formulas originating from different conventions. The Author advocates for such hybrid approach and proposes an introduction of a dedicated chapter on carriage of goods into the new code. The proposal merges existing regulation, based on the Hague-Visby model, with new solutions derived from the Hamburg Rules and, more importantly, the Rotterdam Rules. Particular emphasis is being put on a common but unregulated practice regarding volume contracts. The Author argues for incorporation of volume contract into the new code. Finally, the article examines Rotterdam Rules’ provisions regarding jurisdiction and arbitration
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Abstract

The article discusses selected issues of combating piracy at sea. The author examines interconnection between universal jurisdiction and domestic jurisdiction in the context of hearing piracy cases before domestic, international and hybrid tribunals. The author opts forstrengthening reliance on domestic courts as he details recent improvements in many countries’ legislations. The second part of the article covers European Union strategies on legal and structural aspects of combating maritime piracy.
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Abstract

The article discusses new developments in law controlling carriage of goods by sea, namely — the effect of phenomena such as slot charter or volume contract on drafting carriage contract terms. The analysis of carriage contract definitions as set out in Hague-Visby Rules, Hamburg Rules and Rotterdam Rules is offered in context of carriage contracts by modes other than the sea. The author concludes that present-day maritime trade calls for revision of common views on traditional dichotomies such as charter/booking contract or liner/tramp services in favour of a new, broader concept of a maritime carriage contract.
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Abstract

The author reviews port services — which in current Polish maritime law system include shipping agency, shipbroking, pilotage and towage. The first part of the article examines the legal status of ports and of services themselves as categorized by the Maritime Code. The author provides their outlines, noting terseness and shortcomings of the regulation. The second part presents draft amendments to the Code proposed by Maritime Law Codification Committee. Among the changes proposed the author dis-cusses dockage. The final part concerns European Union Law, as the primary impulse behind the study is draft Regulation of European Parliament and of the Council establishing a framework on market access to port services and financial transparency of ports of 23 May 2013. The emergence of the draft stirred the EU member states, and, in particular, the entities professionally associated with port industry. The author sets out the basics of the proposal and criticizes them as being contrary to free market principles and subjects port services to admin-istrative regulation.
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Abstract

The article explores seldom deliberated issues of legal angles of maritime safety. The first part evaluates the Maritime Safety Act (2011). The Act governs maritime safety issues with respect to ship construction, including its on-board facilities, ship inspection, crew qualifications, safety at sea and maritime rescue. The analysis of the Act reveals that many of the adopted legal solutions appear dubious, some outright flawed. The Author’s assessment of the Act’s principles is unfavorable. The declining quality of legislation prompts the author to suggest a thorough redraft of maritime safety law, one that would attain a comprehensive status of a code. The Author suggests the code should include, inter alia,law on maritime equipment, law on Maritime AccidentInvestigation Commission and law on shipping and sea harbours protection. The lex ferendashould include general provisions, regulation on electronic measures and a catalogue of sanctions for failure to comply with maritime safety standards.
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Abstract

This article discusses different types of maritime arbitration. In the introduction, the author distinguishes between ad hoc arbitration and permanent courts of maritime arbitration. The author draws attention to the fact that not every institutionalization of arbitration means that we are dealing with a permanent court of conciliation. In addition, the role of maritime courts of conciliation is changing because inter alia an increasing amount of business arbitration is dealt with via proceedings in maritime cases. Next the article discusses the structure and procedural principles of many examples of maritime arbitration. The author divides these into the following: the Anglo-Saxon group (London and new York arbitrations); the European group (The Maritime Chamber of Arbitration in Paris, the ICC/CMI Arbitration regulations, The German Court of Arbitration, The Dutch Court of Arbitration, The Russian Maritime Arbitration Commission); and the Eastern group (examples of arbitration in China, Japan, Singapore, and India). One of the author's conclusions is the necessity of referring to the subject of maritime arbitration in the new Polish Maritime Codex which is being prepared by the Maritime Law Codification Commission.
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Abstract

This article represents the farthest reaching analysis of the issue of the transfer of rights incorporated in the documents applied in maritime trade ever published in the Polish literature. The article is comprised of four sections. The first is a detailed description of the institution of endorsement on a bill of exchange (necessary for the subsequent considerations) which was normalized in articles 11-20 of the statute of 28 April 1936 The Bill of Exchange Act. The author discusses the legal essence of endorsement on a bill of exchange and its various forms while focusing attention on its leading role in the legal system for transferring rights from securities “on request”. Accordingly, the author also calls attention to the other application of the endorsement on a bill of exchange, especially to the transfer of rights with bills of lading, warehause receipts, and maritime insurance policies. The second section presents issues regarding the endorsement of bills of lading. The view the author expresses differs from that which has been published in the legal literature to date in that it narrows significantly the range in which the regulations of bill of exchange law endorsement can be applied in maritime relationships. Accordingly, with regard to bills of lading, the only endorsement on a bill of exchange regulations that can be applied are those which permit transferring the bill of lading to the endorsee. The form of endorsement on bills of lading, endorsment of set of originals of bill of lading, and the specifics of the endorsement of bills of lading accepted for loading are discussed at length. Legal comparative issues and so-called e-commerce, EDI, and the increasingly popular e-bills of lading are considered separately. The third section presents issues of storage law, which is regulated by the warehouse statute of 16 November 2000. Storage manifests are an integral element of the maritime trade. The principles for endorsing inseparable warehause receips, as well as separable - reverse and warranty are discussed with particular emphasis on the so-called first endorsement on the warrant. The range within which endorsement on a bill of exchange is applicable to storage law is described in detail. In the fourth section, attention is focused on the possibility of endorsing maritime insurance policies, with doubts expressed as to whether these documents are indeed securities. The author maintains that the range of the application of bill of exchange law to these types of documents should be limited exclusively to the realization of policy legitimization functions. In the conclusionSy the author expresses doubts as to whether current means of regulating the principles of transferring rights from securities applied in the maritime trade are optimal. In the author's opinion, instead of a complicated system of references to bill of exachange law, it would be better to normalize this issue separately in the maritime code and storage law.
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Abstract

The paper presents a complex description of the system of Polish maritime law regarding vessel registration. There are four vessel registers in Poland: vessel register, Polish yacht register, administrative register, and fishing vessel register. The first three are regulated by the Polish Maritime Code of 2001 and the last by the Fisheries Act of 2004. Different registration bodies are responsible for the vessel registers. These are the Maritime Chamber, the Polish Yachting Association, the Maritime Office, and the Ministry of Agriculture. The author analyzed registration requirements and the basic procedural principles in the various registers. This is useful especially in light of the numerous changes which were implemented in the Polish Maritime Code following European Union accession. Some doubts are discussed regarding the implementation of EU Council Act 613/91 of 4 March 1991 to Polish law. The author also criticizes new legal solutions that give EU ship owners the right to the Polish flag despite the lack of a genuine link with Poland, the flag holder. The new' Polish yacht register is described in detail. The responsibility for its implementation was given to a community organization and not to a state body. The author indicates many doubtful legal and organizational aspects of this register, especially with respect to the new decree of the Ministry of Infrastructure of 23 December 2004, which regulates yacht registers. The separate legal definition of the yacht in Polish maritime law seems to be questionable. It is defined as "... a marine vessel, which is the property of Poland, used exclusively for sport or recreational purposes with a hull length of up to 24 meters The administrative register, which registers vessels that are not covered by the two registers discussed above, vessels under construction on sea tests, and the fishing vessel register, is also discussed. It is not only of an administrative character but is one of the methods for limiting economic freedom in marine fisheries. The mutual relationships among these registers are also discussed in the paper.
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Abstract

The paper discusses limitations on the freedom of marine fisheries in international EU, and Polish laws. The primary motivation behind limiting the freedoms of fisheries is the protection of the marine environment. The regulation on marine fisheries of 2004 includes many limitations of economic freedom, e.g., the necessity of registering fishing vessels, the requirement of licenses and catch permits. The Common Fisheries Policy of the European Union also places many limitations on fisheries. The ‘ freedom ” of marine fisheries is presented in quotation marks for good reasons. The author concludes that it is currently difficult to assume that marine fisheries are a free economic activity.
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Abstract

This paper address the rarely discussed issue of underwater areas. The author draws attention to the political and economic importance of areas on the sea bed’ both those areas that are under jurisdiction and those that are beyond any jurisdiction. In particular the article discusses international treaties relating to the sea bed. First, it analyzes the 2001 Paris Convention on the Protection of Underwater Cultural Heritage. Next, it discusses the new Nairobi International Convention on the Removal of Wrecks (2007). A further part of the article presents the decision to protect the wreck of the “Estonia” ferry (the Tallinn Agreement o f 1995) and the old Paris Convention (1884) on the protection of submarine cables. Finally, the author draws attention to the relatively low amount of interest of national legislation in issues connected with underwater areas and proposes concrete changes and additions to Polish maritime law.
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Abstract

This article addresses a new type of agreement that entitles classification institutions to execute certain functions of the maritime administration. In the maritime trade, classification institutions, in addition to their classification and assessment activities, are assuming increasingly certain public functions that are executed under the supervision of maritime administration bodies. This supervision is ensured above all by two legal institutions: aprobation and authorization. The significance of the aprobation process for classification institutions may be apparent in the fact that aprobation if conducted by the European Commission. In evaluating the character of the agreement entered into by the Minister of Marine Management with aprobation classification institutions, the author of the article emphasizes a series of particular traits of the agreement that stem from the infiltration of elements of both public and private law. The author postulates the creation of a new category of agreement, that of so-called public contracts.
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