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1
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Obowiązek stosowania najlepszej dostępnej technologii w ochronie środowiska morskiego

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Lost-Siemińska D.
Prawo Morskie
|
2021
|
issue XL
125-138
EN
Obligation to use the best available technology (BAT) in the protection of the environment is envisaged in many international treaties. It is not only legal, but also moral obligation. Treaties concluded under the auspices of the International Maritime Organization (IMO) that aim at the protection of the environment and the prevention of pollution from ships, enshrine the precautionary principle which encompasses the obligation to use the best available technology. Many IMO treaties consider technological development, some of them even drive it, however, not all standards are based on the best and the newest solutions. The discussion at the IMO’s Marine Environment Protection Committee regarding the energy efficiency design index demonstrates the impact of political and economic interests on the text of adopted standards. The Initial IMO strategy on the reduction of greenhouse gas emissions from ships identifies levels of ambitions consistent with the Paris Agreement. In the shipping industry this will be achieved, if the adopted standards were based on the best available technology.
2
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Konwencja Narodów Zjednoczonych o prawie morza i Międzynarodowa Organizacja Morska – 40 lat harmonijnego współistnienia

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Lost-Siemińska D.
Prawo Morskie
|
2022
|
issue XLIII
9-24
EN
The United Nations Convention on the Law of the Sea (UNCLOS), referred to as the “constitution of the seas and oceans”, established the legal regime of the seas and oceans. Under the United Nations Convention on the Law of the Sea, the International Maritime Organization (IMO) has a mandate as a global legislative entity to further regulate maritime issues on the basis of many of its provisions. IMO is explicitly mentioned in only one of the articles of UNCLOS, while several provisions of the Convention on the Law of the Sea refer to the ‘competent international organization’ in connection with the adoption of international rules and standards for shipping in matters relating to maritime safety and the prevention, reduction and control of marine pollution by ships. Bearing in mind the global mandate of the Organization as a specialized agency within the United Nations system established by the Convention on the International Maritime Organization, the expression ‘competent international organization’, when used in the singular in UNCLOS, applies to IMO. From 1973 to 1982, the International Maritime Organization actively participated in the work of the Third United Nations Conference on the Law of the Sea to ensure that the development of IMO instruments was in line with the fundamental principles of UNCLOS. By including in several IMO conventions provisions that clearly state that these conventions do not infringe the codification and development of the law of the sea in UNCLOS, many interpretation doubts have been minimized.
3
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Reguły rotterdamskie a inne konwencje przewozowe

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Lost-Siemińska D.
Prawo Morskie
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2010
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issue XXVI
79-86
4
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Zasady prawne ratownictwa morskiego w świetle konwencji londyńskiej z 1989 roku

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Lost-Siemińska D.
Prawo Morskie
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2000
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issue XIV
101-122
5
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Wynagrodzenie za ratowanie środowiska morskiego w konwencji o ratownictwie morskim z 1989 roku (SALVAGE 89) i klauzuli SCOPIC

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Lost-Siemińska D.
Prawo Morskie
|
2001
|
issue XVI
75-85
EN
The preamble to the international convention SALVAGE 89 contains the principle of protecting the maritime environment. Damage done to the environment means real physical damage done to human health or life at sea, or to resources in coastal waters or those inland, or to areas adjacent to these, caused by pollution, contamination, fire, explosion, or other similar serious events. The principles for calculating rewards for those who perform rescues are contained in article I 3 and 14 of the SALVAGE 89 convention. The new convention, just like the 191 O international convention on the lack of uniformity in several regulations concerning assistance and saving, is in favor of the principle ,,without saving there is no reward." Article 14 of SALVAGE 89 contains the principle of allocating rewards to those who through their efforts prevent (or lessen) environmental damage. Such a reward is called special recompense. It seemed that the 1989 convention had accommodated the interests of all parties. However, in practice it has emerged that those who perform rescue efforts continue to be unhappy about the solutions that have been adopted. A new solution concerning reward for saving has been adopted in the SCOPIC clause. An appeal to this clause in an agreement is entirely dependent on the will of the saving party. The essence of the clause is to introduce a new method of calculating the special recompense owed to the saving party for his/her actions, in the course of which environmental damage was avoided or lessened.
6
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Projekt konwencji UNCITRAL o umowach międzynarodowego przewozu ładunków

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Lost-Siemińska D.
Prawo Morskie
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2008
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issue XXIV
13-20
7
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Bezpieczeństwo morskie a działalność instytucji klasyfikacyjnych

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Lost-Siemińska D.
Prawo Morskie
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2007
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issue XXIII
185-212
EN
Classification societies are part of the world's safety system on the seas, and currently there are in excess of fifty in operation. Ten of the largest organizations belong to the International Association of Classification Societies. They determine classes and conduct reviews of about 90% of global merchant tonnage engaged in commercial activities throughout the world. The primary aim of the classification system is to improve the safety of human life and goods at sea by ensuring that vessel technical state is adequate. Vessel classification is based on an agreement entered into between the classification institute and the vessel owner. This agreement defines the obligations of the parties and sets forth regulations regarding responsibility. The country of the ship's flag is foremost responsible for safety at sea. Unfortunately, some countries fail at meeting this obligation and do not want or are unable to guarantee that their vessels meet international standards. In order to close this loophole, port inspections were put into force. Countries conducting port inspections of vessels should cooperate with the country of the ship’s flag and classification institutions.
8
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Wykonywanie zadań administracji morskiej przez instytucje klasyfikacyjne w Unii Europejskiej

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Lost-Siemińska D.
Prawo Morskie
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2004
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issue XX
31-40
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