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  1. 3 Symonides J.

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1

The legal status of the contiguous zone in international maritime law

100%
Symonides J.
Prawo Morskie
|
2005
|
vol. 21
5-26
EN
In 2005 contiguous zones have been established by more than seventy states. Poland since 1932 has had three mile of the territorial sea and three mile of a contiguous zone which disappeared in 1978 when twelve mile territorial sea was proclaimed. First claims by coastal States to control rights in zones contiguous to their territorial seas, can be already found in XVIII century. In the first half of XX century the contiguous zone became a customary norm. In 1958 the I Geneva Convention determined its status providing that the coastal State in twelve mile zone of the high seas contiguous to its territorial seas may exercise the control necessary to prevent and punish infringement of customs, fiscal, immigration or sanitary regulations. The Convention on the Law of the Sea of 1982 in articles 33 and 303 has changed the concept of the contiguous zone recognizing that it can be extended to twenty four miles and giving the coastal State in addition to rights recognized in the Geneva Convention the right to protect the underwater cultural heritage. Polish specialists have argued on several occasions for the establishment of a contiguous zone. This idea has been recently supported by the Advisory Legal Committee by the Ministry of Foreign Affairs and the Commission of Maritime Law of the Polish Academy of Sciences. Several arguments may be presented in favour of the establishment of Polish contiguous zone. It can better protect Polish interests, gives additional rights which do not exist in the exclusive economic zone, enables better safeguarding of frontiers against terrorism, proliferation of weapons of mass destruction, smuggling of migrants, drug trafficking and give the right to the protection of underwater archaeological finds. The Ministry of Infrastructure recognizing the importance of these arguments, has already undertaken first steps aimed at the change of Polish Bill of 1991 and establishment of the contiguous zone.
2

Constitution for the oceans - reflections on the tenth anniversary of the entry into force of the Convention on the Law of the Sea

100%
Symonides J.
Prawo Morskie
|
2004
|
vol. 20
165-186
EN
On 16 November 2004 international community will commemorate the tenth anniversary of the entry into force of the Montego Bay Convention. The number of parties to the Convention currently stands at 145. This represents considerable progress towards universality. Ten years after its entry into force state practice has shown a strong adherence to its principles and norms. The Convention established the International Seabed Authority, the International Tribunal of the Law of the Sea and the Commission on the Limits of the Continental Shelf. The law of the sea is at present challenged by new urgent and complex problems such as terrorism, piracy, organized crime, overfishing and degradation of the marine environment. It articulates the need of evolution and accomodation to the changing realities and interests. Nevertheless, whatever emerging issues the international community will face in the future, the Convention will provide the necessary legal framework for the steady evolution of the law of the sea.
3

International Legal Regulations for laying submerged marine pipelines in exclusive economic zone, on Continental shelf and the high seas

100%
Symonides J.
Prawo Morskie
|
2006
|
vol. 22
7-25
EN
Freedom of the high seas established in the law of the sea, as a customary norm comprises freedom to lay submarine cables and pipelines. This was confirmed by the Geneva Conventions of 1958 on the High Seas and the Continental Shelf. The law of the sea Convention of 1982 retained freedom of the laying of submarine pipelines in the exclusive economic zone but in parallel it has given a number of rights to the coastal State. Thus the coastal State has rights to set up conditions concerning all stages of pipelines construction and functioning. Through it may not impede the laying or maintenance of pipelines, nevertheless, the delineation of the course for the laying of such pipelines in the exclusive economic zone and on the continental shelf is subject to its consent. It also has the right to authorize and regulate drilling on the sea bed. An analysis of provisions concerning artificial islands, installations and structures as well as marine scientific research demonstrates various lacuna. Debates around the project of the Baltic pipeline confirm the necessity to take into account the specific situation of this semi-enclosed sea, interests of the coastal States and recommendations of the competent international organizations. One can also argue that in the case of pipelines laid on the bed of the high seas beyond the continental shelf the Authority should be consulted. Problems are also caused by the fact that pipelines are laid by multinational corporations.
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