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Number of results: 22
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Abstract

The Maritime Labour Convention (MLC 2006) entered into force in 2013. The MLC 2006 aims at creating a single, coherent global instrument, consolidating existing International Labour Organisation conventions, and as well constitutes one of the main international maritime instruments of the International Maritime Organization, together with the International Convention for the Safety of Life at Sea (SOLAS), the International Convention for the Prevention of Pollution From Ships (MARPOL) and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW). Seafarers are entitled to lodge complaints on board a ship in case of non-compliance with the legal standards, procedures, or guidelines set forth in the MLC 2006, including seafarers’ human rights. The complaint system must include safeguards against victimisation. In 2015, the regulations of the MLC 2006 were implemented into a new Polish Act on Maritime Labour (MLA 2015). One of the most innovative aspects of the MLA 2015, as far as ILO Conventions are concerned, is the certification of seafarers’ living and working conditions on board ships, regulated in Chapter 8 of the Act (entitled: MLC documents and inspections and controls of the ship), as well as the on-board complaint procedure described in a detailed manner in Chapter 9 of the new Act.
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Abstract

The International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWM 2004) is a new frontier in the field of marine environment protection. The Convention’s aim is to reduce the risk of spreading of harmful aquatic organisms and pathogens into alien marine environments by ships’ ballast water and sediments. There is a list of non-indigenous species in the Baltic Sea which has been compiled in accordance with The Convention on the Protection of the Marine Environment of the Baltic Sea Area (HELCOM 1992). As ships carry thousands of species in their ballast water, the danger to the marine and coastal environ-ment is substantial. Some of the HELCOM signatories have already ratified the BWM (Sweden, Norway) and thus may provide hands-on account of practicalities of the Con-vention. The HELCOM countries have agreed to ratify the BWM Convention by 2013 at the latest. The Author’s research may therefore be of value as Poland is currently considering ratification of the Convention.
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Abstract

The article is devoted to the development of marine safety law, which took place in the last hundred years after the sinking of the RMS Titanic in 1912. The Titanic disaster has revealed serious shortcomings in minds and conduction of the international maritime community. Neglected the basic principles of safety of life at sea.The spectacular effects of this tragedy helped to accelerate work on the first International Convention for the Safety of Life at Sea (SOLAS 1914), which was signed in less than two years after the sinking of the Titanic. 1914 SOLAS Convention has become the foundation for building a system of safety of life at sea, giving rise to the current SOLAS 1974. Today we can speak of wellformed system of safety of life at sea, which is part of the maritime safety law. The conventional system of maritime safety off the 1974 SOLAS Convention and its protocols consist of codes, recommendations, guidelines and instructions adopted under auspices of the International Maritime Organization. Two of the latest codes of IMO should be here mentioned. With regard to the identification, assessment and management of emerging risks in the operation ships – International Management Code for the Safety Operation of Ships and for Pollution Prevention (ISM Code), and to use special security measures – International Ship and Port Facility Security Code (ISPS Code).
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Abstract

The article isdevoted tothe issues ofprinciples thatare important for the development of marine spatial planning (MSP) and integrated coastal zone management (ICZM). Marine spatial planningcan be understoodas a practicalway to implement the principles of rational use of maritime areasin accordance with sustainable development based on stakeholders cooperation. The integrated coastal zone management functionis integration of maritime sectors inorder to remedy conflicts arising in the ocean space and also institutional conflicts. The precautionary principle and the ecosystem approach determine the current framework for spatial planning in marine areas and regulate various human activities in the marine environment, taking into account the protection of marine and coastal ecosystems and biodiversity. In order to achieve sustainable growth of maritime and coastal activities and the use of marine and coastal resources the European Union developed in 2013 a draft directive establishing a framework for maritime spatial planning and integrated coastal zone management, as a specific remedy to the very slow implementation of the principles and instruments of maritime spatial planning and integrated coastal zone management by the Member States.
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Abstract

Annex VI Regulation for the Prevention of Air Pollutionfrom Ships to the International Convention for the Prevention of Pollution from Ships (MARPOL) provides for establishment of emission control area (ECA), in the areas of emission control of nitrogen oxides (NECA).The new rules apply to the requirement that ships built from 1 January 2016, reduced NOx emission by about 80%. Therefore, considering the early opportunity to take ECA status of the Baltic Sea as an area of NOx control, relevant activities in this field were undertaken by HELCOM. They consist incollecting the documentation and presentation of the International Maritime Organization for approval. According to the HELCOM the Baltic Sea upon entry status of NECA be possible to greatly reduce NOx emission from ships, which will have a positive impact on the marine environment and the health of people living in the Baltic Sea.
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Abstract

Poland’s Ratification of International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F 1995) is an indication of the country’s recognition of proper safety standards of fishing vessels and their crew. The aim of this ratification is to harmonise Polish training and certification system with the Convention requirements. The Convention entered into force 29 September 2012.
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Abstract

Marine governance is an essential way of achieving the objectives of sustainable development. It ought to be understood as the process of planning, as well as decision-making and management at the national and regional levels taking into account the global ocean as an ecological unity. The process of decision-making is closely interrelated with the regional and transnational cross-border cooperation. The adoption of the EU Directive establishing a framework for maritime spatial planning (hereinafter: MSP Directive) plays an important role in developing of marine spatial planning in Europe by promoting MSP instruments. MSP Directive requires all coastal EU Member States to prepare cross-sectoral maritime spatial plans by 2021. The development of spatial plans for Polish marine areas was started in 2013. The MSP legal bases are included in the Marine Areas of the Republic of Poland and Maritime Administration Act of 1991 amended in 2015 and its implementing regulations.
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Abstract

At both state and federal level in the USA there exist various instruments to protect the maritime environment. The general conception of protection is to base it on the construction of a protected area. In 2006, there existed at least 500 areas under protection. These were created by more than 100 federal and state administrative offices. The development of environmental protection law is moving in the direction of an appropriate management of the Atlantic, Pacific, and Arctic Oceans. In US legal doctrine it is stressed that US jurisdiction extends up to 200 nautical miles from the US shoreline. Coastal states have a right to regulate the legal status of the first three nautical miles of the oceans that touch their coasts. The doctrine of public trust is derived from common law. Its essence is the recognition that certain natural resources - the waters and bottom of coastal seas and large lakes - are of considerable importance for society as a whole. They cannot be given into private hands and controlled by private owners. The concept of protected maritime areas first emerged during the meetings of the World Congress of National Parks in 1962. Protected maritime areas on a federal level take various forms: maritime national reserves, national parks, national areas for wild life refuge, national natural monuments, areas o f fishery management, and threatened habitats. The author of the article discusses the legal acts of Presidents Clinton and Bush relating to maritime protected areas. The establishment of such areas is consistent with tendencies observable in the UN.
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Abstract

The Convention of the Law of the Sea of 1982 states clearly that countries bordering semi-enclosed seas, such as the Baltic, are expected to cooperate closely in securing their rights and executing their duties. The obligation to cooperate as stated in Article 123 of the convention refers to, among others, any installation or structure constructed on the Baltic Sea bottom. Russia and Germany both ignored this obligation as they viewed the proposed construction in strictly commercial terms. This position not only violates the norms of the both the Convention of the Law of the Sea of 1982 and HELCOM of 1992, but it also ignores the fundamental principles of the energy policy of the European Union. Article 23 statute 3 of legislation on the Republic of Poland's sea areas and marine administration, states that permission to construct and exploit any constructions within Polish sea areas (including those in the exclusive economic zone) is not to be granted if the proposed construction threatens the environment, marine resources, or the national economy. Unquestionably, the proposed Russian-German pipeline poses an ecological threat due to its length and is contrary to Polish interests.
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Abstract

Threats stemming from global problems and their solutions are at the center of attention in the international community. Their complex character induces the necessity of co-operation at all levels from countries to international organizations as well as non-governmental organizations. Co-operation involves all levels - regional, sub-regional, and international. One recent form of this type of international co-operation regards the network of protected marine areas on the high seas. The protection of seas and oceans and the bottom and underground of the high seas as well as in situ resources requires solutions based on two fundamental concepts: the common heritage of humanity and the doctrine of the freedom of the seas. International public law, which is the basis for the creation of protected marine areas, is a mosaic of different instruments, such as agreements, action programs, strategies, and memorandums, which are both global and regional in character. The use of the high seas is regulated in international law based on the principle of co-operation among countries and no regulations ban the creation of protected marine areas. The concept of protected marine areas has been successful due to flexible, integrated management with appropriate tools and the simultaneous protection and exploitation of resources. International legal protection of high sea areas is confirmed by the appropriate resolutions of the UN Convention on the Law of the Sea of 1982, the convention on biodiversity - chapter 17 of Agenda 21, the principle of protection of marine areas of the World Conservation Union, and many international agreements of regional character. The concept of the protection of high sea areas is based on a set of instruments that facilitate equilibrium between the maintenance and protection and the exploitation of these areas. It is a form of protection for especially endangered ecosystems and species. It focuses on threats, which in the case of the high seas and ocean depths, include illegal catches, the destruction of habitats by trawlers, mineral excavation, shipping, marine pollution, and the exploitation and exploration of the ‘area'.
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Abstract

This article is a continuation of the author's research in the subject of special areas on the seas and oceans. A marine area of particular sensitivity is an area that requires protection from shipping that is dangerous to the marine environment and its resources. Eleven marine areas of particular sensitivity have been established. Such an area may be set out “within and outside the borders of territorial waters, including the open sea". The IMO has indicated general ways of protecting a marine area of particular sensitivity. These include: new plans to limit sea traffic and recommended sea paths. The purpose of these is to minimize the risk of maritime accidents and oil spillages. Protection also entails the possibility of making it compulsory to use a pilot in such areas. In 1990 the IMO designated the Great Barrier Reef an area of particular sensitivity. It was made compulsory to employ the services of an Australian pilot when passing through the Torres Strait. In addition, a compulsory system of reporting on the part of vessels and two-way ship paths were introduced. The author discusses a Western European and a Baltic marine area of particular sensitivity.
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Abstract

Writing a critical analysis of European maritime policy is a challenge. Without taking into consideration past experience and observing present trends, this great undertaking may not produce the desired effects. The picture that presents itself today is one of a variety of different means that are striving to achieve ‘ fragmentary ” goals. The vision of maritime policy, however, must be characterized by cohesion. In her article, the author addresses the so-called Green Book of EU Marine Policy, and this is likely the first Polish publication on this topic. Effective integrated marine policy for the exploitation of marine resources based on maintaining equilibrium between the preservation of the values and goodness of the seas and oceans and meeting the economic needs of many communities must be developed in a timely manner. This is why European maritime policy must concur with the goals of the International Maritime Organization.
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Abstract

Member states of the European Union face a growing number of irregular migrants attempting to cross the Unions maritime border in the Mediterranean. An illegal transfer route there allows tens of thousands to enter the EU, mostly from Africa and Asia. The southern EU states of Italy, Malta, Greece and Spain cope with the problem with increasing difficulty. Their border enforcement authorities are to be aided by EUs specialized Rapid Border Intervention Teams (RABITs). The task of coordinating the measures lies ahead of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex), based in Warsaw. Frontex began its operations in October 2005. The European Parliament took position on the issue irregular migration in the Mediterranean and called upon the Commission and the Council to strengthen the efforts against human trafficking and smuggling. The problem has also been addressed by European Economic and Social Committee and Committee of the Regions.
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Abstract

Carbon dioxide capture and storage beneath the seabed is a relatively new concept and its regulation is still in development. Neither international law nor European Union law cover the issue thoroughly. The author discusses challenges of tackling climate change and looks into carbon dioxide subsea storage from the perspective of maritime environment protection. There are no international conventions on carbon dioxide capture and storage beneath the seabed. The analysis of legal systems leads to conclusion that Polish domestic regulation of the issue is ahead of international law. It must be noted however that carbon dioxide may only be stored in accordance with the new law when there is no threat to the maritime environment.
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