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  1. 4 Lukaszuk L.

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1

Selected legal aspects of international maritime disputes

100%
Lukaszuk L.
Prawo Morskie
|
2005
|
vol. 21
25-60
EN
This paper addresses the legal aspects of and measures for resolving contemporary disputes regarding marine areas. The author describes issues related to resolving disputes in accordance with the United Nations Convention on the Law of the Sea of 1982. This system includes the following elements: the principles of the obligatory use of peaceful measures to resolve disputes and the principle of the freedom of the choice of peaceful measures by the parties. The freedom to choose resolution measures can be limited if previously applied measures, especially diplomatic ones, failed. The scale of these measures is described in the 1982 convention and range from the simplest to more complex measures. Thus, these measures range from those described in bilateral, regional, or common agreements, those agreed upon by diplomatic means to conciliation through arbitration and the courts. The International Tribunal for the Law of the Sea in Hamburg plays a key role in resolving international maritime disputes. However, the author states that the system for resolving such disputes is wide ranging and rather complicated.
2

The role of United Nations in the codification of the Law of the Sea

100%
Lukaszuk L.
Prawo Morskie
|
2006
|
vol. 22
47-58
EN
The United Nations began working on the codification of the Law of the Sea in 1958, when four conventions were adopted in Geneva, namely the Convention on the Territorial Sea and the Contiguous Zone, the Convention on the High Seas, the Convention on Fishing and Conservation of the Living Resources of the High Seas, and the Convention on the Continental Shelf. The conventions came into force in 1960. This was the first UN Law of the Sea conference and was organized under the auspices of the International Law Commission. In 1960 the second UN conference on maritime law was also held in Geneva and was dedicated to describing territorial seas. However, it did not succeed in reaching agreement regarding the six-mile territorial sea and six-mile fisheries zone. The third UN Conference on the Law of the Sea took place between 1973 and 1982. The UN Convention on the Law of the Sea from 1982 confirmed the right of each country to declare its territorial seas at limits of up to 12 nautical miles. The number of participating countries represented at the Law of the Sea conferences had increased with 157 national representatives in attendance at the third UN conference. In addition to issues of territorial sea width, other topics discussed included investigations and exploitation of marine resources outside of state jurisdiction, the legal status of sea areas and their countries, the rights and obligations of the largest exploiters of seas and oceans and principles of their cooperation. The author gives a high evaluation of the Law of the Sea codifications, which were prepared with the participation of the United Nations.
3

Scientific-technical assistance and the development and transfer of marine technology according to the UN Convention on maritime law and other regulations

100%
Lukaszuk L.
Prawo Morskie
|
2007
|
vol. 23
9-28
EN
The author first analyzes in detail the range and form of normalizations of scientific-technical issues in the new maritime law known as the UN Convention of Montego Bay of 1982. A substantial impetus for the compromise solutions taken in this convention was the divergence of priorities between highly-developed and developing countries that occurred at the III Maritime Law Conference. In the second section of the article, the author discusses and comments on issues of the protection of rights to industrial property according to the principles of the TRIPS accords determined at the Marrakesh round of the GATT-WTO. In his analysis, the author also takes into consideration selected aspects of European Union legislation, the modernizing licensing of transfer technology, and EU policy that supports marine research and the exploitation of the so-called 'deep resources '. Thus, the article presents and emphasizes new aspects of maritime scientific-technical cooperation and transfer technology which had yet to be analyzed from this aspect in the Polish legal literature regarding maritime law.
4

Legal Aspects of Contemporary Marine Aquaculture (Selected Issues)

100%
Lukaszuk L.
Prawo Morskie
|
2008
|
vol. 24
127-144
EN
The author discusses legal aspects of contemporary aquaculture in a broad sense, and as a type of farming marine organisms, especially fish, in a situation of significant overfishing of many basins. Marine aquaculture is, among other things, connected with biotechnology and genetic engineering, and also with the protection of the marine environment against pollution coming from marine aquaculture farms along the shore. In connection with this, various technical solutions are adopted, for example, in the form of protective artificial reefs that surround farms and modern electronic monitoring. The European Union has introduced appropriate legal regulations with regard to aquaculture, and special, interdisciplinary research programmer with the aim of producing a comprehensive report that considers, for example, legal aspects and economic issues of environmental protection in the neighborhood of fish farms. The EU deals with the issue of aquaculture in the context of the shore line economy and also on a nearly global scale - within the framework of aid programmers for developing countries in Africa, the Caribbean and the Pacific. The author points out the legal aspects of aquaculture, analyzing specific regulations of the UN convention on the law of the sea (1982), and the regulations of the Gdansk Convention (1973) and the Helsinki Convention (1992). He also considers FAO and EU regulations in which one may find direct and indirect references to aquaculture, also in the matter of environmental protection. Experience from European, Middle Eastern and Asian basins, relating to the legal aspects of marine aquaculture, needs to be generalized and ultimately transformed into appropriate legislative solutions.
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