Prawo Morskie

December 10, 2012 marks the 30 years since the opening for signature of the United Nations Convention on the Law of the Sea (UNCLOS). This date is an opportunity to anniversary celebrations, meetings, panels and reflection in the whole United Nations system. Thepassage of time does not deprive the meaning of the Convention on the contrary, confirms its fundamental role as the constitution of the law of the sea. Nevertheless, changes which take place in the world require further development of the law of the seaand adjustmentof the Convention to new challenges. These challenges are related to the adoption in international law the concepts of sustainable development, protection of biodiversity, the precautionary principle and ecosystem approach. They are also a consequence of climate change and the need to regulate the rules of access to and use of marine genetic resources. Among the many roads and ways of developing the law of the sea worth mentioning is an idea of preparation approved by RIO+20 of an implementation agreement to the Convention on conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction.

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).

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.

Polish maritime law jurisprudence defines a contract for a sea trip as a mixed agreement, comprising terms implied by the Civil Code and terms expressly devised by the parties. The Supreme Court case law confirms that view.

The Civil Code does not explicitly define the sea travel contract. The sea trip contract is governed by the Act on Tourist Services (1997), implementing the Council Directive 90/314/EEC on package travel, package holidays and package tours. However, matters outside the scope of the 1997 Act are covered by the Civil Code.

The article analyzes transport documents regulation in The United Nations Convention on Contracts forthe International Carriage of Goods Wholly or Partially by the Sea (the Rotterdam Rules) against backdrop of existing regulation on negotiable instruments, including electronic negotiable instruments.

The Author argues that ratification of the Rotterdam Rules is likely to cause a number of complications. Revision of the Maritime Code shall be necessary, along with certain amendments to the Civil Code general provisions on negotiable instruments. The Maritime Code should retain the existing regulation on bill of lading with some necessary additions on electronic form and on endorsement.

The Maritime Labour Convention (MLC 2006) is a modern legal document, which amends and integrates 36 International Labour Organization conventions and 1 protocol to a convention. This makes the MLC a global standard equivalent to an international maritime labour code.

The European Commission Green Paper, among other documents, describes the ongoing integration of the EU maritime policy with respect to financing and finance management. Both the Programme to support the further development of an Integrated Maritime Policy and the European Fisheries Fund are to remain operative until at least the end of 2013. The Commission, however, has proposed to merge those instruments into European Maritime and Fisheries Fund. The article provides description of the integration process and allows for an assessment of its progress.

In the mid-1980s the French and British scientists warned of adverse effects of tin paint used in hull coating on marine environment. The International Convention on he Control of Harmful Anti-Fouling Systems on Ships (AFS 2001) entered into force in 2008. At present there are 56 states parties to the Convention, which represent almost 80% of total shipping tonnage. Poland has ratified the AFS Convention in 2004. The European Union has implemented it in 2008.

The article outlines drafting of amendments to the Maritime Areas and Maritime Administration Act (1991). The key change is an express prohibition of construction and operation of wind farms within territorial sea and internal waters. The prohibition affects a zone of 12 nautical miles (22,224 kilometers) offshore and its purpose is mainly to protect the scenery of coastal recreational zones.

The article examines the legal status of sea harbours in Poland. The author discusses drafting history of the current Act on Ports and Harbours (1996) and analyzes proposals for its amendment raised by the Sea Cities and Communes Union. The new draft centers on the notion that deciding on legal status of sea harbours should be entrusted to the local government.

Tonnage tax has been first introduced by Greece in 1957, with similar regimes following in the United Kingdom, Germany, the United States, India, South Korea, Japan, Sweden, Spain, Norway, Finland and Ireland. The essence of the scheme is to calculate tax by reference to the net tonnage of the ship operated.

Poland has introduced the Tonnage Tax Act in 2006. However, the Act ins currently under review due to reservations by the European Commission regarding state aid to commercial entities that operate ships.

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.

The Northern Sea Route is the shortest shipping lane connecting European part of Russia with the Far East and Syberia. The search for a route to China and India, undertaken by the English, Dutch and Russians, went on from mid 16th century until the end of 19th century. Its importance in the present day is exemplified by the traffic: 2007 alone saw 10 million tons of goods shipped along the Route.

The Northern Sea Route is the apple of Russia’s eye. It plays a major part in the Transport Strategy of the Russian Federation until 2030, Russia also produced Concept of the Northern Sea Route Development until 2015 and a draft newlaw specifically addressing shipping along it.

A crucial factor in economic feasibility of the route is the state of relations between members of the Arctic Council (the United States, Canada, Russia, Norway, Finland, Sweden, Iceland and Denmark), the observer states (Germany, France, the Netherlands, the United Kingdom, Spain and Poland) and the states that requested observer status (China, Japan, South Korea).