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Współpraca czy rywalizacja: Rosja i Chiny w Arktyce

Współpraca czy rywalizacja: Rosja i Chiny w Arktyce

Author(s): Łukasz Gacek / Language(s): Polish Issue: 1/2018

The paper aims to set out overall approach of Russia and China to the Arctic region, located around the North Pole. It considers the national policy and strategy statements as well as the economic and military instruments used by these two powers. The area holds large quantities of minerals, including natural gas and crude oil. If global continues to melt sea ice across the Arctic, shipping lanes, particularly the Northern Sea Route, may open up and became a viable alternative to the traditional shipping routes through the Suez Canal. The route for transporting cargoes between the East Asia and Europe could reduce sailing distances and operating costs by roughly 40 percent, compare to them. Russia and China are seeking control of natural resources and transport routes. On the one hand Russia declaratively encourages China to participate in Arctic energy and infrastructure projects. On the other „Polar Silk Route” proposed by China as well as its promotion of freedom of circulation in the Arctic China do not correspond with Russian vision that treats waters of the Northeast Passage as its „internal waters”.

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Zbrodnia katyńska jako ludobójstwo. Próba systematyzacji kwalifikacji prawnokarnej

Zbrodnia katyńska jako ludobójstwo. Próba systematyzacji kwalifikacji prawnokarnej

Author(s): Joanna Kurczab / Language(s): Polish Issue: 3/2017

The article indicates the legal basis for qualification of the Katyn Massacre in the category of genocide. Polemicising with the arguments put forward by the Russian Federation which persistently negates the validity of regarding the massacre perpetrated under the order of the Politbiuro of the Bolshevik Party Central Committee issued on 5 March 1940 as a non-expiring crime against humanity.

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РОМАНИСТИЧНИ СЪОБРАЖЕНИЯ ЗА УСТОЙЧИВОСТТА НА ТЕРМИНИТЕ „НАСЛЕДНИК“ И „НАСЛЕДСТВО“

РОМАНИСТИЧНИ СЪОБРАЖЕНИЯ ЗА УСТОЙЧИВОСТТА НА ТЕРМИНИТЕ „НАСЛЕДНИК“ И „НАСЛЕДСТВО“

Author(s): Riccardo Cardilli / Language(s): Bulgarian Issue: 1/2020

The article presents the terms and concepts of heir and inheritance, formed in the archaic era by solemnis mos and included in ius civile. Inheritance is analyzed as a cultural and legal-religious achievement with richer content than the ordinary transfer of property after the death of the testator. A comparison is made between inheritance by law (ab intestato) and by will the appointment of an heir by testamentum calatis comiciis and adoption by adrogatio. The basic and genetically related terminology for heir and inheritance passes into the legal tradition based on Roman law in both models of inheritance – by will and by law. Linguistically, however, "successio" has an expressive meaning, but it is the result of the reasoning of classical jurists and interpreting the models of succession on the occasion of death in civil and praetorian law.

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LEX RHODIA DE IACTU

LEX RHODIA DE IACTU

Author(s): Artur Tarlapan / Language(s): English Issue: 2/2020

This article aims to analyze the rules of Lex Rhodia de iactu, which consider the situation of throwing goods overboard by the captain of the seagoing ship to save the ship and distribution of damage among owners of goods. The paper, however, is not limited to the research of the considered norms, but also extends to the way in which these norms inspired the modern commercial codes.

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ДЛЪЖНИЦИ И ДЪЛГОВЕ: НОВИ ПЕРСПЕКТИВИ

ДЛЪЖНИЦИ И ДЪЛГОВЕ: НОВИ ПЕРСПЕКТИВИ

Author(s): Sebastiano Tafaro / Language(s): Bulgarian Issue: 1/2021

The text of the article was edited on the basis of a report presented to the XI Congress of Roman law scholars from Central and Eastern Europe and Asia, held in Craiova on 3 November 2007. It examines successively legislative policy on debt and government intervention on interest rates, limitation of interest rates supra legitimum modum, setting an upper limit for increasing the amount of debt. A special place is given to the concepts of proportionality and reasonableness in credit relations, as well as to the evolutionary interpretation of obligation and proportionality.

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ПРОИЗХОДЪТ НА REGULAE IURIS: МАКСИМАТА “PACTA SUNT SERVANDA”

ПРОИЗХОДЪТ НА REGULAE IURIS: МАКСИМАТА “PACTA SUNT SERVANDA”

Author(s): María Etelvina De las Casas León / Language(s): Bulgarian Issue: 1/2021

The jurists of the late Republican period, under the influence of the Greek dialectics, formulated certain principles or rules across the generalization of decisions to which they had come across the study of particular cases. They were trying to solve the cases that were appearing ignoring any type of rules or rather without knowing that across some of these decisions they were constructing rules that would come to the present day. Along this work there will be studied the origin and evolution of the roman regulae iuris, where the jurists, without realizing elaborated a corpus of rules that have been and are used not only for the juridical classifications of the Civil Law, but also of the Common Law.

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OBLIGATIO, SOLUTIO, SATISFACTIO ET PROBATIO

OBLIGATIO, SOLUTIO, SATISFACTIO ET PROBATIO

Author(s): Maria Lurdez Martines De Morentin / Language(s): Bulgarian Issue: 1/2021

Starting from a general vision of Roman law regarding obligations, this article analyzes the relationship between the exact fulfillment of the former and the creditor satisfaction. In addition, based on the sources, some personal reflections are made as for the procedural claim in case of non-compliance, the payment made after the litis contestatio, and a review of the means of proof in the Roman private process in the Italian doctrine.

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Perspective privind reglementările și cele mai bune practici în domeniul securității cibernetice maritime
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Perspective privind reglementările și cele mai bune practici în domeniul securității cibernetice maritime

Author(s): Olivier Jacq / Language(s): Romanian Issue: 01/2022

115: The number of cyber security incidents that have affected the maritime and port world in the last 20 years1. This census, which hardly exists in other sectors that may be even more affected, should be considered with caution. It only takes into account incidents appearing in the press and is undoubtedly far below reality, with the vast majority of events remaining either undetected or unpublicized2. However, these data make it possible to highlight several trends that may prove to be of interest. First of all, this figure has been steadily increasing in recent years, going, for example, from 7 incidents in 2018 to 26 three years later. In the absence of being able to establish certainties, this trend confirms that the maritime world has been affected, like other industrial sectors in France and abroad, more strongly in recent years.

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Dreptul litoralului – disciplină de studii în programa de master: „Drept maritim”, la Facultatea de Drept și Științe Administrative a Universității „Ovidius” din Constanța
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Dreptul litoralului – disciplină de studii în programa de master: „Drept maritim”, la Facultatea de Drept și Științe Administrative a Universității „Ovidius” din Constanța

Author(s): Marin Voicu / Language(s): Romanian Issue: 01/2022

Începând din anul universitar 2022/2023 în programa de MASTER în „Drept maritim” a Facultății de drept și științe administrative a Universității „Ovidius” din Constanța se desfășoară cursurile la disciplina „Dreptul litoralului”, pe durata unui an universitar, la care s-au înscris și au fost admiși licențiați ai unor Facultăți de drept, ai Universității Maritime din Constanța, ai Academiei Navale „Mircea cel Bătrân” și de la alte facultăți de profil umanist și social.

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Formalnoprawne podstawy udziału Morskiego Oddziału Straży Granicznej w przeciwdziałaniu pozamilitarnym sytuacjom nadzwyczajnym na polskich obszarach morskich

Formalnoprawne podstawy udziału Morskiego Oddziału Straży Granicznej w przeciwdziałaniu pozamilitarnym sytuacjom nadzwyczajnym na polskich obszarach morskich

Author(s): Marek Ilnicki / Language(s): Polish 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.

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Upowszechnianie zasad ochrony dziedzictwa kultury w ramach międzynarodowego prawa humanitarnego konfliktów zbrojnych na przykładzie Akademii Marynarki Wojennej im. Bohaterów Westerplatte w Gdyni

Upowszechnianie zasad ochrony dziedzictwa kultury w ramach międzynarodowego prawa humanitarnego konfliktów zbrojnych na przykładzie Akademii Marynarki Wojennej im. Bohaterów Westerplatte w Gdyni

Author(s): Marta Szuniewicz-Stępień / Language(s): Polish Issue: 2/2023

The article presents the experience of the Naval Academy in Gdynia in disseminating the principles of the protection of cultural property within the framework of the International Humanitarian Law of Armed Conflict (IHLCHC). The author reviewed the Naval Academy’s educational, scientific and popularization activities in the area of IHLC. In addition to the traditional dissemination of the principles of the protection of cultural property as part of education with IHLCHC (including members of the Polish Armed Forces), the Naval Academy additionally boasts two of its own scientific ventures, which have a dimension unique within the country: the annual IHLCH conference (14 editions) and the yearbook “International Humanitarian Law” (11 volumes). In 2020–2022, the Naval Academy participated in an EEA grant dedicated to the multi-sectoral challenges of protecting cultural heritage in the event of crisis or war. As a result, 4 publications under the collective title “Protection of Cultural Property in Crises and Armed Conflicts” (a 2-volume monograph, case studies and manuals, and collections of national and international source texts) were published by the Naval Academic Publishing House, and an interdisciplinary program of postgraduate studies in the above area was developed. In July 2022, the studies in question were established at the Academy. Currently, work is underway to raise funds for the implementation of further projects to improve the national system for the protection of cultural property in situations of special threats, including armed conflict.

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IL CASO DI LUCREZIA TRA MITO E CRITICA STORICA: ATTUALITÀ DI UN MODELLO NEL PRIMO PENSIERO ROMANO CRISTIANO

IL CASO DI LUCREZIA TRA MITO E CRITICA STORICA: ATTUALITÀ DI UN MODELLO NEL PRIMO PENSIERO ROMANO CRISTIANO

Author(s): Giovanni Brandi Cordasco Salmena / Language(s): Italian Issue: 2/2023

The well-known story of the noble Lucrezia, who committed suicide to save her honour, continues to provide, even in the thought of the Fathers of the Church, cultural parameters that they draw between legend and historical criticism. Even in the relationship between chastity and suicide it is possible to see the hierarchy of values attested by the indeuropean tradition as confirmation of a social consciousness which cannot be separated from the powerful help of the gods, which can be addressed only by virtue of the highest moral value of a people.

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Nowelizacja ustawy z dnia 4 września 2008 r. o ochronie żeglugi i portów morskich jako przejaw zmian legislacyjnych w zakresie zwalczania zagrożeń hybrydowych

Nowelizacja ustawy z dnia 4 września 2008 r. o ochronie żeglugi i portów morskich jako przejaw zmian legislacyjnych w zakresie zwalczania zagrożeń hybrydowych

Author(s): Krzysztof Chochowski / Language(s): Polish Issue: 62/2023

This text presents considerations regarding the amendment to the Act of 4 September 2008 on the protection of shipping and seaports as a manifestation of legislative changes in the field of combating crisis threats. These risks are related to, among others: using ships and other floating objects as tools to attack critical maritime infrastructure. The purpose of these considerations is to attempt to determine whether and to what extent the above-mentioned amendment serves to ensure security, as well as to formulate postulates, the implementation of which may contribute to increasing the state’s resistance to a potential crisis. Based on the considerations, the following conclusions were formulated: the provisions contained in the Act of March 26, 2023, amending the Act on the protection of shipping and sea ports and certain other acts take into account new forms and types of threats threatening maritime critical infrastructure in the broad sense; the amendment to the Act in question allows the sinking of a ship or floating object by the Polish Armed Forces; for praxeological reasons, it is important to ensure safe, fast and reliable communication in the process of making and implementing decisions eliminating the source of threat to maritime critical infrastructure; it is wrong to assume that the lives of innocent people can be sacrificed to stop or prevent a terrorist attack on critical maritime infrastructure, an attack by an unflagged ship or vessel or a false flag attack; the legislator should not “take shortcuts” by explaining the violation of constitutional matters as a matter of ensuring public security

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THE CAUSE OF NAVIGATION ACCIDENTS ON THE ROMANIAN COAST OF THE BLACK SEA IN THE 20TH CENTURY

THE CAUSE OF NAVIGATION ACCIDENTS ON THE ROMANIAN COAST OF THE BLACK SEA IN THE 20TH CENTURY

Author(s): Anca Gabriela Glogoveanu / Language(s): Romanian Issue: 38/2024

Over the years, the Romanian Navy, both in the Black Sea and on the seas and oceans of the world, has not been spared by storms, catastrophes and naval accidents, resulting in the sinking of dozens of ships and significant loss of human life. An integral part of the history of our country, the history of the Romanian navy has a rich, complex and interesting past in its specifics. The Romanian means of navigation on the Danube and the Black Sea have developed and perfected over the years, in relation to the evolution of the naval technique specific to South-Eastern Europe, in accordance with the Romanian geographical and relief conditions. Thus, the seas and oceans of the world have always had a vital importance for mankind, they represent the ways through which commercial maritime transports were carried out, an important part of the world economy.

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NATURE OF THE POLITICS OF INTERNATIONAL LAW WITHIN THE NIGERIAN STATE

NATURE OF THE POLITICS OF INTERNATIONAL LAW WITHIN THE NIGERIAN STATE

Author(s): Goodluck ETINAGBEDIA / Language(s): English Issue: 29/2023

The paper looks at the nature of international law politics within the Nigerian state and the challenges Nigeria faces in implementing it successfully. Neorealism theory, which relies on secondary data gathered from documentation through published and unpublished books, journals, articles, and other publications on human rights and maritime/environmental treaties, was used as the intellectual framework and adopted the qualitative synthesis of the scientific method. It was also discovered that the majority of international treaties are less enforceable due to the National Assembly's inability or negligence in domesticating the laws to which Nigeria is a party. The conclusions drawn from these observations lead to the following recommendations, which are listed in no particular order. The 2004 Treaties Act comes first. should be changed right away to make consultation with the appropriate National Assembly committees a prerequisite for making treaties. In the same vein, training, and capacity building for the bureaucracy and other pertinent agencies are necessary to guarantee the efficient execution of the numerous international legal instruments to which Nigeria is a party.

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The Role of the International Maritime Organization in
Securing the Black Sea in the Context of the
Russo-Ukrainian War

The Role of the International Maritime Organization in Securing the Black Sea in the Context of the Russo-Ukrainian War

Author(s): Carmen-Gina ACHIMESCU,Ioana-Roxana Oltean / Language(s): English Issue: 29/2023

After the annexation of Crimea by the Russian Federation in 2014, maritime safety in the Black Sea and the Sea of Azov became a major international challenge. After February 2022, the Russo-Ukrainian conflict disrupted maritime trade in the region, impairing shipping routes and port operations. The United Nations and International Maritime Organiation provided technical support to reduce the impact of the armed conflict, especially to allow the establishment of a humanitarian corridor and a safe corridor for the transportation of grain, related foodstuff, and fertilizer from Ukraine and Russia to international markets.

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ИЗКУСТВЕНИЯТ ИНТЕЛЕКТ В КОНТЕКСТА НА МОРСКОТО ПРАВО

ИЗКУСТВЕНИЯТ ИНТЕЛЕКТ В КОНТЕКСТА НА МОРСКОТО ПРАВО

Author(s): Deyan DIMITROV / Language(s): Bulgarian Issue: 1/2024

It is a known fact that over 90% of goods are transported by sea. The maritime industry is considered one of the most complex sectors. As one of the oldest in the world, it has traditionally relied on people and their expertise. Technological advances are changing that. The development of artificial intelligence is having a major impact on commercial shipping, especially with the emergence of the concept of the „intelligent ship“. At first glance, artificial intelligence has little to do with maritime law - for now. It is far from writing laws, although it can help with research and evaluation. Maritime law, however, needs to develop the rules governing artificial intelligence systems.

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ПО ВЪПРОСА ЗА ЗДРАВОСЛОВНАТА ГОДНОСТ НА МОРСКИТЕ ЛИЦА

ПО ВЪПРОСА ЗА ЗДРАВОСЛОВНАТА ГОДНОСТ НА МОРСКИТЕ ЛИЦА

Author(s): Maria Ivanova Radeva / Language(s): Bulgarian Issue: 1/2024

According to the Merchant Shipping Code seafarer is a natural person occupying a position on board a ship as a crew member or serving on shore and holding a certificate of competency, a certificate of proficiency, a certificate of supplementary or specialist training acquired. Ships flying the Bulgarian flag shall be manned by the required number of qualified seafarers, possessing the proper competency. The crew members must satisfy the requirements of physical fitness, established by an ordinance issued by the Minister of Transport, Information Technology and Communications and the Minister of Health. Seafarers who do not meet the requirements for physical fitness and do not hold a valid certificate are not allowed to work on a ship. The aim of the article is to present the legal aspects of the physical fitness of seafarers.

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APPLICABLE LAW TO ENVIRONMENTAL POLLUTION OCCURRING ON THE HIGH SEAS UNDER PRIVATE INTERNATIONAL LAW

APPLICABLE LAW TO ENVIRONMENTAL POLLUTION OCCURRING ON THE HIGH SEAS UNDER PRIVATE INTERNATIONAL LAW

Author(s): Emine Ilyaz / Language(s): English Issue: 1/2024

The importance of the issue has increased as environmental problems have a global importance and environmental pollution is no longer limited to causing damage only within the borders of a single state, but also harms people living in other states. While the act of „pollution“ may occur in the country of more than one state, the damage that occurs may also have effects in the country of one or more states. In such cross- border environmental pollution, the problem of which country's law will be applied arises, which necessitates the use of conflict of laws rules. In this study, disputes arising from environmental problems related to the high seas will be analysed in terms of international private law.

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Türkiye ve Yunanistan Arasında Yaşanan Ege Denizi Yetki Alanları Uyuşmazlıkları Sorunlarının, 1970-2005 Yılları Arası (TCDD) İzmir Limanı Faaliyetleri Özelinde Türk Deniz Ticaretine Etkileri

Türkiye ve Yunanistan Arasında Yaşanan Ege Denizi Yetki Alanları Uyuşmazlıkları Sorunlarının, 1970-2005 Yılları Arası (TCDD) İzmir Limanı Faaliyetleri Özelinde Türk Deniz Ticaretine Etkileri

Author(s): Aybige Arslan / Language(s): Turkish Issue: 1/2024

For Türkiye, an island country surrounded by seas on three sides, ensuring stability in maritime trade is important for both the country's economy and the global economy. Due to the geopolitical and geostrategic importance of the Aegean Sea, determining maritime jurisdiction areas is an important issue that requires meticulousness and needs to be approached with sensitivity due to its unique structure. In this article, it is aimed to examine the effects of the crises between the two countries regarding the Aegean Sea authority sharing between the states of Türkiye and Greece on the Turkish maritime trade in line with the data of the Republic of Türkiye State Railways (TCDD) Izmir Port between 1970 and 2005. In the research, primary source data was used and the crises between Türkiye and Greece, which occurred between 1970 and 2005 in the Aegean Sea jurisdiction sharing, were tried to be discussed comparatively between the TCDD Izmir Port activities between these years. In this regard, during the crisis periods in the Aegean Sea, decreases were observed in the loading, unloading and total handling data of Izmir Port. In order to prevent such crises that may occur in the future, it is necessary to focus primarily on resolving maritime jurisdictional disputes between Türkiye and Greece.

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