Rosyjsko-chińska aktywność morska i koncepcje obecności na akwenie bałtyckim. Pomiędzy rywalizacją a współpracą

Author(s): Piotr Mickiewicz / Language(s): Polish Issue: 1/2018

Russian-Chinese cooperation on sea areas should be seen in the context of attempts to limit US control over global transport routes. Its goal is to counter the American possibilities of control of routes of transport of energy carriers from Russia towards the west and leading to China through the Asian reservoirs. The community of interests allows a number of political and economic initiatives and the use of force demonstrations in the regions to locate the national interests of both countries. The sea exercises are their emanation. There are also significant differences of interest in Chinese-Russian relations. One of the areas where their differences of interest occur is the Baltic region, which means that the goal of Russian Baltic policy is to maintain limited activity of China as a Baltic player. The aim of the article is to identify specific “fields of cooperation” between Russia and China and conflict areas that will determine the scope of possible cooperation of both countries.

The Legal Fiction of a Genuine Link as a Requirement for the Grant of Nationality to Ships and Humans – the Triumph of Formality over Substance?

Author(s): Gotthard Mark Gauci,Kevin Aquilina / Language(s): English Issue: 1/2017

This paper discusses nationality of a person, whether physical or legal, and compares and contrasts the international legal regime which regulates the nationality of both persons. Whilst humans are granted nationality because they are citizens of a state to which they owe allegiance, in the case of a res which enjoy nationality – such as a ship – the relationship between such a res and its national state is based on a functional dimension. A ship oftentimes navigates in areas beyond state jurisdiction (such as on the high seas) ending up in a legal vacuum if she enjoys no nationality to regulate its behaviour and whatever happens on board that ship during its extra-territorial voyages. The authors thus discuss the juridical nature of nationality, nationality of a res and of humans, and reflect upon the recent sale by states of their nationality to noncitizens thereby shifting human nationality closer to the commodification of nationality of which ships are a traditional instance. It concludes that nationality of ships and of humans has in some legal systems moved away from the classical International Court of Justice’s Nottebohm case requirement of a pre-existing genuine link to one where nationality is reduced to a commodity.

Noi aspecte privind sechestrul asigurător al navei comerciale

Author(s): Maria Veriotti / Language(s): Romanian Issue: 01/2011

În anul 1998, instanţele maritime din Belgia au dispus instituirea măsurii sechestrului asigurător şi ulterior vânzarea silită a navelor „Râmnicu Vâlcea”, „Sousa” şi „Saveni”, sub pavilion român, aparţinând societăţii de drept internaţional privat român S.C. Roliship S.A.

Provocările securității cibernetice maritime – elemente practice și perspective juridice

Author(s): Thomas Leclerc,Arnaud Montas / Language(s): Romanian Issue: 01/2022

As maritime cybercrime is today the main threat to ship security and as legal activity remains rather rare in this area, this issue was the subject of two webinars on "Maritime Cyber ​​Protection", organized in February 2021 by UMR Amure to contribute to advances in research, especially legal, in this field. In the form of round tables, these webinars brought together cyber specialists, representatives of international and European agencies and institutions, as well as legal and political science researchers.

Relațiile Uniunii Europene cu Statele terțe din Mediterană: contribuția la lupta pentru combaterea poluării din transportul maritim”,

Author(s): Nadia Benredeuane / Language(s): French Issue: 01/2022

Le bassin méditerranéen revêt pour l’Union européenne un intérêt capital sur le plan économique, politique, historique, stratégique, écologique. Sa façade méditerranéenne ne cesse de s’agrandir, à l’adhésion des deux membres fondateurs la France et l’Italie en 1957 s’est ajoutée celle de la Grèce en 1981, de l’Espagne en 1986, de Chypre, de Malte et de la Slovénie en 2004 et, en juillet 2013, la Croatie est devenue le 28e État membre de l’UE. Cependant la pollution ne connaissant pas de frontière, l’Union européenne, même en réunissant huit États riverains de la Méditerranée, ne saurait à elle seule et sans coopérer avec les autres États de la région faire face à la pollution de la Méditerranée par les transports. En effet la Méditerranée, véritable carrefour maritime, est le siège d’un trafic dense. Elle supporte 30% du volume commercial maritime international et près de 25% du transport maritime mondial de pétrole passe par ses eaux. Deux mille navires marchands de plus de 100 tonneaux de jauge brute (TJB) naviguent en permanence sur cette mer, dont 250 à 300 pétroliers. Or, la mer Méditerranée présente des caractéristiques particulières qui font d’elle une mer vulnérable propice à une attention accrue en matière de pollution par les navires. La vulnérabilité de la Méditerranée, « mer au milieu des terres », tient essentiellement à son caractère de mer semi-fermée, au lent renouvellement de ses eaux (une régénération complète des eaux de la Méditerranée est estimée à 90 ans) et à sa faible productivité qui a pour conséquence la présence d’espèces d’une grande diversité mais limitées en nombre. La concomitance de ces phénomènes laisse présager des effets dévastateurs de la pollution sur l’écosystème du bassin méditerranéen.

Infracțiunile rutiere pe principalele drumuri din porturi și pe plaje

Author(s): Robert Rézenthel / Language(s): Romanian Issue: 01/2022

The role of administrative courts in protecting the maritime and fluvial public domain seems to be moving towards greater realism. Proceedings in the traffic offense procedure are initiated in accordance with the principle that "no one is punished except for his own deed". Depending on the circumstances, the administrator of the public domain can prosecute the owner of the movable or immovable asset that allowed the crime to be committed, or the person on whose behalf it was committed, or the custodian of the asset in question.

Consideraţii privind răspunderea juridică pentru poluare marină

Author(s): Gabriel Mihai / Language(s): Romanian Issue: 1/2022

Environmental pollution has become a global phenomenon. In this context, the protection of the marine environment is achieved by means of multilateral and regional legal mechanisms and instruments, which aim to coordinate the activity of the states within the conferences and international bodies that take place to combat and sanction the pollution of the marine environment. The legal liability in the matter of marine environment pollution will fall on the polluter, guilty of damaging the environmental factors, but also on any natural or legal person who, although he does not cause environmental pollution, by his actions violates the environmental legislation. Civil liability or criminal liability do not exclude the administrative liability and disciplinary liability of the crew members of a ship, who, through their functions on board, contribute to the safety of navigation and the ship.

Certificatele digitale obligatorii și inteligența artificială în serviciul controlului statului portului

Author(s): Eliseo Sierra Noguero / Language(s): Romanian Issue: 01/2022

The purpose of this article is to analyze some aspects of control digitization port state (PSC), in particular the acceptance of electronic certificates statutory and inspection database in the European Union and MoU Paris, THETIS information system. It must be anticipated, in any case, that the human factor will remain the most relevant. The process is not fully digitized as the inspections are carried out physically on board and by officials coordinated by the officer of port state control (OCSP). Digitization and artificial intelligence it helps inspection, but CSP does not yet involve a fully automated process.

Wydobywanie zabytków z morza w świetle Konwencji UNESCO o ochronie podwodnego dziedzictwa kulturowego z 2001 roku

Author(s): Wojciech Kowalski / Language(s): Polish Issue: 1/2022

In this article, the author argues that the 2001 UNESCO Convention introduced for the first time in the evolution of the law of the sea more radical solutions aimed at the protection of underwater heritage. One of them is a far-reaching limitation of the legal possibility to recover cultural heritage objects from international waters. According to the Convention’s provisions, such an option will constitute merely an exception to the general principle of their preservation in situ, i.e. the place where they have been located for at least 100 years. Recovery is acceptable only on the condition that leaving these objects in the sea will not fulfill the objectives of the Convention and will bring about detrimental effects in practice. It is also possible for the purpose of scientific studies. In all such cases, the methods and techniques used must be as non-destructive as possible and recovered objects shall be deposited, conserved and managed in a manner that ensures their long-term future preservation. At the legal level, they receive the special status of res extra commercium, which means they shall not be traded, sold, bought or bartered as commercial goods. The author ends his article concluding that measures of prevention and sanctions adopted in the Convention also demonstrate its strength and positive development, especially in comparison with the previous legal situation. Their enforcement provides a real chance that the principles of the Convention will be followed properly by States to ensure and strengthen the protection of underwater cultural heritage and will help stop the unauthorized exploitation of historical wrecks.

Sytuacja prawna wraku RMS Titanic

Author(s): Dariusz Rafał Bugajski / Language(s): Polish Issue: 1/2022

Almost immediately after the Titanic sank on 15 April 1912, proposals were advanced to salvage the ship from her resting place. The wreck was ultimately discovered on 1 September 1985. This article will discuss the application of the 1982 UN Law of the Sea Convention and the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage and the development of the law of salvage through orders of the courts with respect to the protection of the wreck of the RMS Titanic and her artifacts. The paper will discuss the matter of ownership and other legal titles to such property. The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage applies to all traces of human existence having a cultural, historical or archaeological character which have been submerged for at least 100 years. Thus, 15 April 2012 marks the moment when the Titanic wreckage became protected under this Convention. The Titanic lies currently in international waters, outside of the exclusive jurisdiction of any State. Legal jurisdiction over the seabed may change when Canada extends its Continental Shelf under the 1982 UN Law of the Sea Convention.

Spor medzi Gréckom a Tureckom o kontinentálny šelf

Author(s): Şilan Jakab / Language(s): Slovak Issue: 1/2023

The article aims to explain the notion of the continental shelf and discusses it as a subject of the dispute between Turkey and Greece and its impact on the international scene. First, the author focuses on a description of the notion of the continental shelf and its historical basis within the scope of international law. The following parts set out the aspects of the Aegean Sea and its political, historical, and economic significance, the characterization of the dispute by these terms, and possible solutions to this issue on the side of international law of the sea.

Formal and legal basis for the participation of the Maritime Border Guard Regional Unit in counteracting non-military emergency situations in Polish maritime areas

Author(s): Marek Ilnicki / Language(s): English Issue: 28/2023

Polish maritime areas - both those forming part of the territory of the Republic of Poland and those located outside it - are covered by appropriate state jurisdiction ensuring that Polish interests in these waters are taken care of. The subject-matter diversity of legally protected values requires systemic action by competent entities. The security of Polish maritime areas in military (defence) as well as non-military (protection) terms at the national level is guaranteed by the naval forces of the Republic of Poland. The aim of this article is to present the role of the Maritime Border Guard Regional Unit (MOSG) - against the background of systemic solutions and existing threats - in counteracting non-military emergency situations in Polish maritime areas. As a result of the conducted research it should be assumed that the scope of statutory tasks and powers in combination with the personnel and equipment potential of the MOSG makes this unit of the Border Guard the main non-military component of the maritime forces of the Republic of Poland.

FROM THE QUAESTORES PARRICIDII TO THE REPUBLICAN QUAESTOR. JUDICIAL INVESTIGATION IN THE ARCHAIC PERIOD

Author(s): Javier Núñez / Language(s): English Issue: 1/2023

The aim of this article is to deal with the institution of the quaestores parricidii, a figure as ancient as it is obscure, which has given rise to a profound debate on basic questions, such as its origin, its competences and the way in which it was elected. These and other questions, especially the judicial functions they held during the monarchy and the first centuries of the Republic, as well as the connection with the figure of the republican quaestor, will be the focus of this article. Questions such as: why was the office of quaestor instituted?, when?, what did the investigation of the parricidum consist of?, are the quaestors parriciddi and the republican quaestors the same figure?, will serve to guide the debate and bring internal coherence to it. Questions that, on the other hand, the doctrine has been unable (or unwilling) to answer unanimously.

Międzynarodowa Konferencja Naukowa „40 lat konwencji Narodów Zjednoczonych o prawie morza – bilans i perspektywy”, Uniwersytet Warszawski ‒ 29‒30 września 2022 roku

Author(s): Tomasz Kaminski,Karol Karski / Language(s): Polish Issue: 43 (2)/2023

History, Structure and Management of Private-State Military Groups— Legionnaires and Wagnerians

Author(s): Magdalena Ickiewicz‑Sawicka / Language(s): English Issue: 1/2023

The article contains considerations on the organisational, on the creation, functioning and management of illegal armedforces remaining outside the official control of the state — private military companies (PMCs)2 but also informal groups suchas the Wagner Group, which has an extremely unclear status. The text consists of three main parts. The first explains the conceptof ‘mercenary’ in international public law, the second describes the first modern mercenary group, the French Foreign Legion, andthe third provides information on the Wagner Group, a private Russian mercenary army. The text includes an introduction anda summary. The main purpose of the article is to present the origins, essence and methods of operation of the French Foreign Legionand the Wagner Group in the context of national, international and even global security. It further intends to show the reader theextremely illegal and criminal practice of modern mercenaries using extremely brutal, and sometimes even atavistic violence

Мерките за опазване на морското биоразнообразие в контекста на свободата на международната морска търговия

Author(s): Miroslava Yordanova / Language(s): Bulgarian Issue: 2/2023

The present article discusses the legitimacy of measures protecting marine biodiversity as permissible exceptions to the principle of freedom of trade under trade agreements operating within the World Trade Organization. To this end, the article classifies the risks to marine biodiversity posed by increased maritime trade and outlines the general and specific problems facing the invocation of general exceptions under trade agreements, given the particularities of the WTO system. A brief overview of the marine biodiversity protection regime in the European Union is made. The article concludes that framing measures protecting marine biodiversity as exceptions to the general regime under trade agreements does not contribute to protecting the World Ocean, therefore it proposes alternative protection measures that do not include restrictive trade measures and that are compatible with the obligations of member states of both the WTO and the EU, including the Republic of Bulgaria.

Prometno pravo : [tematska bibliografija]

Author(s): Aleksandra Čar / Language(s): English,Croatian Issue: 177/2023

This is a list of bibliographic references to selected articles, papers, books and chapters in books in the field of transport law, published in scientific and research journals and other publications by Croatian and foreign (mainly European) publishers from 2010 to 2023. Included are works published in English and Croatian and to a lesser extent in French and German. The purpose of this bibliography is to facilitate the work of researchers in the field of transport law or within one of its narrower areas such as: road transport; rail transport; insurance of transport risks; competition in the transport sector; multimodal transport; and tourism and passenger rights. Given that maritime law is the main subject of research and scientific interest of the Adriatic Institute, a separate bibliography dedicated exclusively to that branch of transport law is being prepared for the next issue of the Maritime Comparative Law Journal (to be published in 2024). OSCOLA (Oxford University Standard for the Citation of Legal Authorities) rules for citing legal sources are used throughout the bibliography.

POMORSKO SUDOVANJE U SREDNJOVJEKOVNIM DALMATINSKIM KOMUNAMA

Author(s): Mirela Šarac,Vilma Pezelj,Andrija Crnković / Language(s): Serbian Issue: 3 (3)/2023

Although seafaring was of crucial importance in the medieval Dalmatian communes, special maritime courts existed only in Dubrovnik, for a very short period in the 16th century, and in Zadar from the 13th to the mid-15th century. Jurisdiction over maritime disputes was strictly centralized and in Dubrovnik was entrusted to the ordinary civil courts, where the ruling aristocracy had a decisive influence. In addition, certain maritime disputes were decided by arbitrators, taking into account maritime customs and the principle of conscientiousness and honesty. The article analyzes in more detail the state authorities that were responsible for resolving maritime disputes, as well as the arbitration procedure that largely replaced the lack of special maritime courts.

Pravo mora u Sredozemlju tijekom povijesti

Author(s): Marina Vokić Žužul,Božena Bulum / Language(s): English,Croatian Issue: 4/2017

This paper presents the principal characteristics of the development of the law of the sea in the Mediterranean, from the initial historical sources to the Third UN Conference on the Law of the Sea (1982). A centuries-long process of creating that law, which applies to all seas, the authors analyzed through the prism of its application in the Mediterranean marine spaces ‒ from the time of the Roman law and its free use of the sea for all, the lordship over the sea by the feudal sovereigns (states) in the Middle Ages, until the first traces of the contemporary law of the sea in the 17th century and codification efforts in the 20th century. A special attention is paid to the complexity of the genesis of the legal regimes and boundaries in the Mediterranean Sea.

THE ROLE AND IMPORTANCE OF NAVAL RADIO-TELECOMMUNICATION SYSTEMS IN PREVENTING NAVAL PIRACY EVENTS

Author(s): Iuliana Mirela Glogoveanu / Language(s): Romanian Issue: 37/2024

The piracy against ships is one of the problems in the shipping sector worldwide. Due to the fact the survival resources became problematic for the human kind on the daily basis, more threats that were looming have emerged. One of them is the safety of ships on the navigation routes on world’s seas and ships. On the commercial routes there are zones of armed conflicts between old combatants, and zones where the safety of ships is endangered by different groups of mercenaries who, having no considerations for anything attack and take hold of merchant ships crossing their territory.