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Selected legal and ecological aspects connected with laying submerged pipelines

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Pyc D.
Prawo Morskie
|
2006
|
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
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