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  1. 6 Prawo Morskie

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  1. 6 Kozinski M. H.

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1

Legal character of agreements entitling classification institutions to conduct maritime administration tasks

100%
Kozinski M. H.
Prawo Morskie
|
2007
|
vol. 23
161-183
EN
Thin 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.
2

The application of the endorsement on a bill of exchange in maritime trade

100%
Kozinski M. H.
Prawo Morskie
|
2006
|
vol. 22
113-164
EN
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, warehouse 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 warrant, 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 conclusions, 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.
3

European Union Accession and Polish Maritime Law

100%
Kozinski M. H.
Prawo Morskie
|
2004
|
vol. 20
5-28
EN
This article describes selected problems regarding the newest Polish maritime legislation that are concerned with Polish accession to the European Union. The author presents the most important normalizations and discusses some of them that are contained in the following legislation: on fisheries of February 10, 2004; on changes in the legislation regarding the maritime chambers of March 5, 2004; on changes in legislation on maritime safety of April 20, 2004; on marine equipment of April 20, 2004. Two amendments to the new Polish maritime code are also discussed, as well as changes to legislation on the Republic of Poland's marine areas and the maritime administration. The author also discusses the ratification of the London Convention of the 1990 OPRC. The author emphasizes the ambitiously adaptive character of the numerous changes made in Polish maritime law that bring it into compliance with European law. Since the Polish Academy of Sciences Commission on Maritime Law has published the twentieth volume of the Maritime Law journal, the author, who is also the chairman of the commission and the editor-in-chief of the journal, makes some remarks regarding the state of the studies of maritime law and the law of the sea in Poland.
4

Legal Issues relating to Undersea Areas

100%
Kozinski M. H.
Prawo Morskie
|
2008
|
vol. 24
47-63
EN
This paper addresses 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 of 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.
5

The 'freedom' of maritime fisheries

100%
Kozinski M. H.
Prawo Morskie
|
2005
|
vol. 21
309-325
EN
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.
6

Vessel registers in the Republic of Poand

100%
Kozinski M. H.
Prawo Morskie
|
2005
|
vol. 21
239-269
EN
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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