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1

Protected marine areas on the high seas

100%

Pyc D.

Prawo Morskie

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2005

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vol. 21

89-113

EN

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'.

2

Selected legal and ecological aspects connected with laying submerged pipelines

100%

Pyc D.

Prawo Morskie

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2006

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vol. 22

27-46

EN

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

3

European maritime policy - 'Strategy in diversification'

100%

Pyc D.

Prawo Morskie

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2007

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vol. 23

29-49

EN

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 authoress 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.

4

The Effectiveness of Means of Protection in Marine Areas of Particular Sensitivity

100%

Pyc D.

Prawo Morskie

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2008

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vol. 24

105-124

EN

This article is a continuation of the authoress' 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 port of vessels and two-way ship paths were introduced. The authoress discusses a Western European and a Baltic marine area of particular sensitivity.

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Protected marine areas on the high seas

Selected legal and ecological aspects connected with laying submerged pipelines

European maritime policy - 'Strategy in diversification'

The Effectiveness of Means of Protection in Marine Areas of Particular Sensitivity