Procedura milczącej zgody (tacit acceptance) w umowach zawieranych pod auspicjami Międzynarodowej Organizacji Morskiej – aspekty prawa międzynarodowego oraz krajowego
Tacit Acceptance Procedure in Conventions Concluded under the Auspices of the International Maritime Organization – Aspects of International and Polish Law

Summary/Abstract: The article analyses the tacit acceptance procedure from the perspective of international andPolish law. It focuses on conventions concluded under the auspices of the International MaritimeOrganization (IMO). However, the first part is devoted to considerations from the perspectiveof general international law and, in particular, international law of treaties, as enshrined in the1969 Vienna Convention on the Law of Treaties. As pointed out, the tacit acceptance proceduredeviates from the standard generally provided for in the above Convention, as it is based on theStates’ need to express “explicit” consent to be bound by treaty amendments. Next, the attentionis paid to the tacit acceptance procedure in the IMO Conventions. In this respect, firstly, thegenesis of the implementation of this procedure to IMO Conventions is analysed. Secondly, itsmain characteristics are discussed and, finally, some general remarks of theoretical and practicalnature are presented. Lastly, the article goes on to discuss the application of the tacit acceptanceprocedure through the prism of Polish law. First, general information on the constitutionalconditions for the validity of international agreements in Polish legal order is presented, followedby theoretical assumptions for the application of the procedure resulting from the Act onInternational Agreements with respect to treaty amendments adopted in the tacit acceptanceprocedure. Against this background, the Poland’s practice in this respect is analysed. Finally, thearticle closes with the presentation of some general conclusions.

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