Unification of laws on carriage of goods by sea on the international plane is likely the most sensible way to avoid conflict of laws and conflict of jurisdiction. Nevertheless, application of conflict-of-lawrules may still be inevitable. Since 17 December 2009 the primary source of conflict-of-law rules has been Regulation (EC) no. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). This Regulation prompted a major reform of Polish private international law; the new law was enacted on 4 February 2011 and entered into force on 16 May 2011. Currently, as the Author points out, the flag of the vessel is no longer relevant as a potential connecting factor in shipping contracts.
The article reviews current substantive law regarding mortgage on ships under construction. According to Polish Maritime code, mortgage on ships under construction may take form either of standard ship mortgage or ship mortgage accompanied with acollateral deed. The author discusses also recent amendments to the Polish Law on Land Registers and Mortgage, passed in 2009 and in force since 2011, as these may influence ship mortgage. Furthermore, since there is notable interconnection between ship mortgage and registered lien on ship parts and equipment to be fitted on board, the article also covers Law on Registered Lien and Register of Liens. The author advocates amendments aiming for improved effectiveness of regulations on ship mortgage.
Polish maritime law jurisprudence defines a contract for a sea trip as a mixed agreement, comprising terms implied by the Civil Code and terms expressly devised by the parties. The Supreme Court case law confirms that view. The Civil Code does not explicitly define the sea travel contract. The sea trip contract is governed by the Act on Tourist Services (1997), implementing the Council Directive 90/314/EEC on package travel, package holidays and package tours. However, matters outside the scope of the 1997 Act are covered by the Civil Code.
This essay, for the first time in Polish scholarly literature, discusses in detail the situation of the “Loader” under the Rotterdam Rules - a convention accepted by the General Assembly of the UN on 11 September 2008, and ready for signature on 23 September 2009. The General Assembly of the UN recommended that by virtue of the place where the convention on contracts for the international carriage of goods wholly or partly by sea is to be signed\ the convention should be called the Rotterdam Rules. According to the Polish Maritime Codex, a Loader is a person who by performing the duty of a freighter supplies a transporter with a load for carriage. The Rotterdam Rules assume that a loader is a person who has entered into a contract for carriage with a transporter. The Rotterdam Rules stipulate that the loader is liable, without limitation, for loss or damage incurred by the transporter, if the transporter can prove that the loss or damage is the result of a breach, on the part of the loader, of the duties that pertain to him as a result o f the Convention.
The maritime conference is defined loosely as an association of ship owners acting on the basis of agreements usually through an organized secretariat that serves a defined maritime route or group of routes under commonly defined conditions of maritime transport. New shipping accords determine not only tariffs, but also routes, delivery services, the types of agreements entered into, and transport capability. Maritime and land carriers and transporters, which until recently, handled the various stages of the transport process, found themselves in direct competition on either the entire transport route or part of it with multimodal carriers. The direction of the communal development of maritime shipping prompted the application of three fundamental regulations: freedom of negotiation; principles for maintaining the confidentiality of agreements the principles of limited freedom in coordinating activities.
The article discusses the rules for judicial proceedings in cases for the establishment and distribution of a fund for limiting liability for maritime claims as they are set out in the Maritime Code and the Convention on Limitation of Liability for Maritime Claims (LLMC 1996). The author presented the basic convention principles regarding the constitution of the fund and related effects as well as the issue of their interpretation and application in national law of selected countries parties of the convention. The article discusses the regulation of the main stages of the fund proceeding in the Polish civil procedure.
The increasing threat of terrorist attacks in Europe and social demands for governmental actions towards facilitating an information exchange between the national authorities responsible for public security, lead to the spectacular shift towards collection of passengers’ data. Initially, the idea had concerned mainly aviation passengers’ data and was limited to international flights only. But soon it was extended in order to include the Passenger Name Records (PNR) from domestic transport. Recently, we can see tensions to expand the PNR collection scheme to other means of transport including maritime routes. The paper studies the most developed system created in Belgium and assesses its influence on possible all-European solutions. When presenting the main problems connected with profiling the passengers and data sharing between institutions, it discusses a lack of precise privacy impact assessment and the need for necessity and proportionality studies to be carried out both at the level of Member States and in the EU discussion on the implementation of the so called PNR Directive and on the new requirements for the digital registration of passengers and crew sailing on board European passenger ships included in 2017 amendments to Directive 98/41/EC.
The article discusses data processing in e-Maritime systems. Operations within those systems are automatic, yet the actual system machinery is poorly understood by lawyers. The authors call for greater involvement of scholars and practicing lawyers in e-Maritime development. The article analyses e-Maritime systems as implemented by Singapore Port and the european e-Maritime initiative. Furthermore, the authors examine electronic documents in Polish administrative and civil law — in particular, electronic bill of lading, NCTS communication, electronic transport records, electronic billing and the Internet of Things.