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1

Contemporary problems in the protection of shipping vessels during armed conflict

100%
Makowski A.
Prawo Morskie
|
2006
|
vol. 22
61-78
EN
International armed conflicts in the twenty-first century will not be limited only to terrestrial territories of the opposing forces. Seas will not only be used for long term dislocation and concentration of forces, but will again become a theater of war operations. Future armed conflicts will have a significant impact on international shipping activities since 90% of world trade is conducted via maritime shipping. Thus, it can be concluded that all the countries of the world are deeply dependent on undisturbed and free shipping trade. In this article, the author focuses on the issue of protecting neutral shipping. Naval war law and maritime neutrality are issues described by recognized legal frameworks that apply to international conflicts at sea. They do, however, have a number of deficiencies, which renders difficult the effective protection of neutral shipping from the negative impacts of war. One of the problems is the scope of the application of the maritime neutrality law. Another problem is the lack of the obligation of a neutral country to execute the necessary monitoring with the aim of preventing its citizens from cooperating with one or all of the parties to the conflict. Additionally, the warring parties will rarely be able to identify the real character of a cargo ship. The will in the international community to codify naval war law and maritime neutrality will be lacking in the near future.
2

The Arctic: Common Heritage or Common Problem?

100%
Makowski A.
Prawo Morskie
|
2008
|
vol. 24
145-159
EN
The Arctic takes in part of Russia, Canada, Norway, Sweden, Finland, Alaska (USA), Greenland (an autonomous Danish territory), Iceland and the Arctic Ocean, which is covered with ice and constitutes the center of the Arctic. There have been disputes between Denmark, Canada, Norway, Russia, and the USA concerning the borders of the Continental shelf of the Arctic Ocean.The author describes the achievements of the Russian expedition, 'Arctic 2007', and the way in which Russia uses the 1982 Convention on the Law of the Sea. The essay also describes how the convention regulates the problem of the border of the continental shelf. He considers that in the future it may come to the partitioning of the Arctic Ocean's continental shelf along with the simultaneous fixing of 'concessions', allowing the use of shipping lanes in the Arctic by the international community
3

Protecting ocean-going vessels from terrorist acts

100%
Makowski A.
Prawo Morskie
|
2007
|
vol. 23
91-108
EN
In an effort to fight terrorism, the author proposes applying the visit and search law not only on the high seas but also in territorial waters. This is a controversial viewpoint as current international law does not permit this law to be applied at all in case of terrorist threats. Additionally, territorial waters come under the exclusive jurisdiction of coastal countries. The full implementation into practice of a common, internationally accepted definition of terrorism should not be anticipated in the nearest future. The author of the article discusses the Rome Convention of 1988 on counteracting illegal acts that threaten the safety of ocean-going vessels, which was laid out following the attack staged by Palestinian terrorists on the Italian cruise ship Achille Lauro in October 1985.
4

Contemporary maritime disputes - based on examples of claims for archipelagos in the East China Sea and the Sea of Japan

63%
Makowski A., Kubiak K.
Prawo Morskie
|
2005
|
vol. 21
61-73
EN
The authors attempted to present the state of disputes regarding the delimitation of marine areas based on a discussion of the practices of countries in the East China Sea and the Sea of Japan region. The authors describe the disputes regarding the islands of Senaku (Diaoyu) between both China and Taiwan and Japan and those over the Dokdo (Takeshima) archipelago between the Republic of Korea and Japan. There are many similarities between these two marine territorial disputes. The core of the disputes is land that is devoid of significant economic importance. Due to this, these areas were not previously of interest to coastal countries. They came to the forefront when their location facilitated determining exclusive economic zones. This intensified when evidence of crude oil and natural gas resources was detected in these areas. Tensions eased when geological reports revealed that initial estimates were overly optimistic. The fundamental cause of disputes over archipelagos is that they can be used to determine exclusive economic zones. The problem is compounded when the politicians of Eastern Asia incite historical remembrance. This is especially evident in the cases of Japan, the Republic of Korea, Taiwan, and China, whose governments are, to some extent, hostages of ultra-nationalistic factions.
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