The convention on liability and compensation for damage in connection with the transport by sea of hazardous and hoxious substances (the HNS Convention) employs the following concept of damages: - loss of life, bodily harm, damage to property and the environment; - loss of profit or income; - the cost of prevention and the cost of restoring the status quo before pollution. The author discusses the institution of "damnum emergens" in the context of loss of life, bodily harm and damage to property. The character of ecological damage makes it impossible to institute a process of complete restitution. Repairs carried out to the environment should be "as far as is possible" and should make it possible once more to implement public laws.

The London Convention on salvage at sea - SALVAGE 89 - was signed in 1989, and focuses, inter alia, on the environment. It regulates the salvaging of the maritime environment, and, above all, gives the salvager the right to a reward for action that was directed towards avoiding or limiting damage to the environment. The ratification of the SALVAGE 89 Convention by Poland will require changes in the 1961 code of maritime law. The Baltic is a heavily polluted sea, and the introduction of any legal instrument that may result in steps to combat environmental pollution is highly desirable. The SALVAGE 89 Convention came into force on 14 July 1996. The author of this essay is a supporter of Poland's ratification of the Convention.

This article presents historically the main trends, thoughts and propositions of states relating to the external borders of the continental shelf. These were presented at the III UN Conference on the Law of the Sea, and shaped the content of article 76 of the Convention on the Law of the Sea from 1982. The survey is conducted in relation to the central matter - proposed by several states - of the decisions contained in article 1 of the Geneva Convention with regard to the continental shelf from 1958.

One should note that, in the area ofmaritime environmental protection and of liability for pollution, these matters are regulated by secondary legislation of the European Community, above all by directives and decisions. However, a special role is played here by international conventions. Among these are: the MARPOL convention 1973/1978; the convention on protecting the maritime environment of the Baltic (1974 and I 992); and also the convention on the law of the sea from 1982. Community treaties are a source supplementing Community law. Environmental protection is an area of co-operation between the European Community and Poland. It affects various economic sectors, and is an essential criterion in economic decision-making. The European Community's basic norms relating to maritime matters are: I. Council Decision 75/437/EWG on pollution of the sea from land-based sources; 2. Council Directive 76/160/EWG on water quality in bathing resorts; 3. Council Directive 76/464/EWG on the dumping of dangerous substances; 4. Council Directive 82/176/EWG on the dumping of mercury; 5. Council Directive 83/513/EWG on dumping cadmium; 6. Council Directive 93/75/EWG fixing minimum requirements for ships entering or leaving Community ports, and carrying dangerous or polluting materials. This directive reflects MARPOL requirements. 7. Commission Decision 93/550/EWG on the accession of the European Community to the Convention on the protection of the maritime environment of the Baltic from 1974. Poland is also a party to all the conventions noted above, and they are part of Polish law. In the light ofthis, one must note that the legal protection ofthe maritime environment and liability for its pollution are regulated in the same way in Polish and in European Community law. This is a result of the universal scope of international conventions in this matter.

The concept of estoppel appears in Anglo-Saxon judicature, and also applies in international relations. It is current both in peace-time and in conditions of armed conflict. At its most general, one can define estoppel as a voluntary renunciation of procedures for establishing proofs. A physical or legal entity, especially however a state, cannot deny the existence of facts or of a law if previously they have drawn advantage from these facts. The author analyses different forms of the concept of estoppel: I. on the basis of concrete physical action; 2. on the basis of a treaty, compromise, exchange of notes, publication, or other written from; 3. on the basis of the principle of legitimacy.

This article deals with maritime education in terms of teaching international maritime law. Far-reaching educational and training programmes in the field ofrecent developments in maritime law have been generated recently by the United Nations Division for Ocean Related Matters and the Law of the Sea. These aim to achieve the general adoption of the contents ofthe Convention on the law ofthe sea from 1982. Issues ofinternational maritime law have found an appropriate place in the education systems of the USA and of France. In Poland, too, this area is taught at an appropriate level within the maritime education sector.

The author discusses the world-wide regulation of international disputes against the background ofarticle 33 of the United Nations Charter, the UN Convention on the law of the sea from 1982, and other international legal documents. International custom plays a separate role in the determination of international disputes. In a further part of the article, the author interprets among other matters: the character of maritime disputes and the procedure for arbitration; international maritime disputes against the background of the UN Convention on the law of the sea from 1982; the settling of maritime disputes related to property through arbitration.

This article discusses a wide range oflegal consequences connected with the ratification in 1998 by the Republic ofPoland oftheUNConvention on the law ofthe sea. In particular, it notes compliance with the demands of the Convention relating to the innocent passage ofwarships, including submarines, and the introduction of limitations on the movements of sea-going vessels of special kinds within Polish territorial waters. The completion of normalisations permitting the signalisation of the lack of effective flag state jurisdiction over foreign vessels is seen as being appropriate. The author's basic legislative postulate is the introduction - in line with article 33 of the Convention - within Polish waters of a contiguous zone. This would permit the effective protection of the interests of the Republic of Poland in the area of customs, taxation, immigration and health regulations. A subsequent part of the article discusses the necessity of bringing Polish regulations concerning scientific maritime research into line with the Convention. This would be in the areas of so-called presumed permission for research, of legal regulations in the area ofthe definition ofpiracy, ofthe criminal nature ofillegal radio and television transmissions on the open sea, and of administrative regulations relating to the awarding of captain's certificates and of certificates of qualification. The author suggests that there will be a growth of interest in the regulations of the Convention as they apply to private law. He points to a range of normalisations, among others, in the area of civil liability - including the civil liability of subjects under international law. The author stresses the difficulties ofadapting civil law solutions within the framework of international relations. He does this via the example of so-called statewarranty, which is anticipated in the Convention. Finally several aspects of the right of transit of inland states are analysed, as are legal issues connected with the detention of vessels by maritime states. In conclusion the author argues that a relatively small number of changes in Polish legislation would permit the better implementation of the Montego Bay Convention.

In this article the author discusses the military aspect of the Convention on the law of the sea of 1982. He touches on: the definition of a warship; the institution of innocent passage; the right of search and inspection, and the right of pursuit; transit through maritime straits; areas ofarmed conflict; mined areas; and the exclusively peaceful use of seas and oceans. The use of armed force at sea is permissible as an act of self-defence as defined in article 51 of the United Nations Charter. The use of armed force at sea is also permissible within the framework of international sanctions authorised by the UN Security Council. However it is not permissible as an act of mutual aid.

The author presents Professor LeonardŁukaszuk's position on the problems ofPoland's maritime policy. He discusses the dispute between the People's Republic of Poland and the German Democratic Republic over the delimitation of territorial waters in the Gulf of Pomerania - a dispute which arose between 1988 and 1989 and in which Professor Łukaszuk played a role. Professor Łukaszuk's principal area of interest, which he has presented in Maritime Assemblies, is the issue of the development of international co-operation between Poland and the countries of the Baltic region. All Professor Łukaszuk's papers, although based on scholarly-legal argumentation, have always also had a political dimension. Taking as his basis the position that Poland has a right to ,,husbandry of the sea", Professor Łukaszuk has always involved himself fully wherever Polish rights and interests have been threatened.

Nowadays there is no doubt that the fundamental social rights established by the International Labour Organisation are protected by Community law. This responsibility is a result of the universal character of human rights and the profoundly humanist aspect ofwork. The author is of the opinion that social rights function in the legal order of the Community as general principles borrowed from international public law and from national legal dispensations.

Professor Mirosław H. Koziński has made a comparison of selected Polish publications in the field of maritime law and the law of the sea between 1969 and 1999. The list of articles contains 1170 bibliographical items, including 170 books, 560 articles and 56 glosses concerning maritime law. There are 82 books and 305 articles on the law of the sea.

The author deals with changes in current maritime law, changes that stem from, inter alia, the expansion and diversification of the law. New emerging forms ofuse of the sea have led to an increase in the number of entities subject to this branch of the law. On the other hand, the importance of public-legal normalisations continues to grow. Thus, one cannot continue to understand the law of the sea within the traditional formulation of its being the civil-law regulation of maritime shipping. This article proposes that a new branch of maritime law be formulated within maritime law in a broad sense - that is, maritime economic law. As maritime economie law we should understand that part ofmaritime and general legal regulations which apply to maritime trade, broadly understood. Such law must be understood not just in a public legal sense, but also in a private legal sense, and, indeed, in terms of the interaction of both types ofregulation. In practice, it is linked to the relation between maritime economic law and economic law and international economic law. In a further part of the essay, the author presents the range of objects and subjects ofmaritime economic law. Research topics within this branch ofmaritime law should include: the exploitation of the natural resources of the sea; international maritime trade; national and international forms of shaping the shipping market; port-sea trade; and ship building and construction at sea. EC Shipping Law could be the model for economic regulations in maritime law. Maritime economic law, in the author's opinion, should be an instrument of implementing the maritime policies of the state.

The law of 20 December 1996 relating to maritime ports and landing places introduced into the Polish legal system a specific kind of joint-stock company with the characteristics of an earmarked fund, subject to particular public legal provisions. According to the author, it was a legislative mistake to create the notion (crucial to the law) of"a managing entity". To ascribe to the port company the status of a public utility was an example of complete legal incomprehension. A port company should have exceptional legal status. To create and to run such a company requires substantial funds, exceeding the resources of a private entrepreneur. Because of the importance of seaports for the national economy, these tasks must devolve on the state. The law of 20 December 1996 should be completely revised. Best of all, it should be replaced by a new law.

Not all institutions of international law of war at sea have stood the test of time. Several of them are no longer current at all; others have been subject to degenerative changes; and there are yet others that, while formally still in existence, even in established law, are vanishing through desuetude. "Days of favour" belong largely to this category. This institution applies to the situation of a ship at the commencement of armed conflict. In general terms, we can define it as a period of grace allotted by a party in an armed conflict to ships of its adversary. It allows these to leave an enemy port after unloading or loading goods, with the aim of enabling these vessels to sail to one of their own ports or to a neutral port, actions that the unexpected outbreak of war had hindered.

The author critically discusses the legislation relating to ports and landing areas of 20 December I 996. He writes that it permits the existence and functioning in one port ofmany "managing" entities. Law relating to water is the third piece of legislation - along with those pieces relating to ports and to maritime administration - regulating the status of seaports, understood as "water and ground". The fourth piece of legislation regulating this status is that relating to trade in real estate. The author devotes a great deal of attention to payments made to ports. He also writes of payments for port services.