Ship management is a topic that has rarely been approached in the modern Polish maritime legal sciences. There are numerous reasons behind the present state of affairs but it seems that the foremost one is, that the focus in political, legal and economic discourse is still on the legal aspects of ship ownership. This trend continues despite the fact that today over 73% of world shipping tonnage is managed by the specialized ship management entities. An economic analysis has proven that year after year Poland was ceasing to be a large ship owning nation, it used to be, and that this trend is unlikely to be reversed in the short and mid-term perspective. Poland may, however, still continue to play a vital role in the world of shipping by becoming a ship management centre. This article aims to introduce the Readers to the selected aspects of ship management operations.
According to Article 37 of the GMA if the entrepreneur: - violates the requirements of the Act, in particular concerning the environment protection and the rational development of the deposit, or - fails to comply with conditions specified in the concession, including not undertaking the foreseen activity or permanently stops thereof, the concession authority summon it to cease the infringements, or - performs geological operations violating the schedule defined in the geological operations plan, or - fails to carry out the obligations referred to in Article 82 para 2, or - performs them in a manner violating the conditions defined in the provisions issued pursuant to Article 82a. para 1, the license authority, by way of the decision, requests the entrepreneur that the infringements be remedied, with indication of the relevant time limit. The license authority may also prescribe the method of remedying of the said infringements. The problem arises, because the geological operations plan for the licensed activity (firstly for the prospecting and exploration of the mining property minerals) is only the appendix to the application for the geological license and is not approved by any decision. However, if the entrepreneur fails to perform the decision referred to in paragraph 1, the license authority may, without indemnification: revoke the license or if the entrepreneur is found to perform the geological operations in breach of the schedule defined in the geological operations plan - revoke the license or reduce its scope. The license authority shall discontinue the proceedings if it finds that the entrepreneur: does not infringe upon the requirements referred to in paragraph 1, has infringed upon the requirements referred to in paragraph 1, however the reason for such an infringement was force majeure or has fulfilled the decision referred to in paragraph 1 (para 3).The license authority may revoke the license without indemnification if a decision has been issued that declares exercising the rights arising from the shares of an entrepreneur impermissible, pursuant to the provisions of the Act of 24 July 2015 on the Control of Certain Investments, if this serves the public interest, in particular in connection with the national security or the protection of environment, with reasonable management of mineral deposits included (para 4).
The article is a part of materials regarding current problems of Polish science and higher education. It provides an in-depth analysis of the Act on degrees and academic titles as well as several other laws which introduce the so-called Ph.D. implementation in Poland. These laws were adopted by the Sejm of the Republic of Poland in April 2017. The author focuses on several problems, discussing them in separate chapters. The article also tries to predict the far-reaching results of the new rules. At the same time, the author proposes specific solutions that should be included in the future in the Act on degrees and academic titles, or in the Act of industrial property. They should eliminate the negative effects of conflicts between the provisions of various legal acts.