Auswahl der wissenschaftlichen Literatur zum Thema „Maritime law – Terminology“

There has not been a single concept about maritime security that caused plurality in giving the multi-aspect meaning of maritime security, meanwhile the necessary of maritime security law demands the necessary of a single concept about maritime security. Terminology of maritime security is necessary to arrange master plan in reaching national objective in maritime sector that decided by President Joko Widodo as maritime global fulcrum vision. This research aims to formulate terminology of maritime security by using people participation’s point of view or with the other word to formulate meaning of maritime security participatory. The methods used in this research are qualitative method, normative law method, and legal system method with the result is terminology of maritime security formulated as “realization of people participation by checks and balances principle to uphold law state supremacy in sea region to reach global maritime fulcrum”.

Abstract The concept of “historic rights” has been much discussed recently in the light of the arbitral award in the Philippines v. China case. The United Kingdom, as a major maritime power, has had long experience of dealing with claims about such rights and those which are similarly worded. This includes the seminal case of the Anglo-Norwegian Fisheries case in the International Court of Justice, as well as two other international decisions and a judgment of what is now the Court of Justice of the European Union (EU). In addition, the London Fisheries Convention and the European Union’s Common Fisheries Policy seem to employ terminology to similar effect. Finally, it is interesting to speculate about whether claims to historic rights will be made by other EU Member States after BREXIT.

Abstract This article reviews historical legislation relating to the management of shipwrecks in Indonesia, examining issues relating to terminology, division of authority, and implementation. It focuses on the evolution of Indonesia’s commercial salvage legislation, from its introduction in 1989 to its abrupt cessation in 2010, when a moratorium was introduced. While the moratorium was interpreted as a sign that Indonesia was moving closer to internationally accepted principles regarding the management of underwater cultural heritage, the introduction of a new law unrelated to maritime heritage has instead disturbed this anticipated trajectory. Designed to stimulate job opportunities, Law No. 11/2020 on Job Creation has, perversely, raised the prospect that the moratorium will be repealed. As this article demonstrates, the changing conceptualization of the value of shipwrecks and their cargoes remains a live issue in Indonesia, reflecting unresolved tensions about its identity as a maritime nation.

The relevance of the study is predetermined by the current situation in the locations of seaports, terminals and port facilities, in view of the need and expediency of ensuring and maintaining a state of protection against acts of unlawful interference. The article reveals the basic concepts, analyzes the factors and threats affecting the level of transport safety, and investigates the system and procedure for the implementation of legal norms regulating the legal relations inherent in the research area. The attention is focused on the problematic aspects of the transport safety implementation, regarding which the ways of improving the legislation of administrative and legal regulation of transport safety in the Russian Federation are proposed. There are gaps in the conceptual apparatus, which negatively affects law enforcement practice. Fixing the term fully reflecting the aspects of maritime transport security will eliminate the problem and the gap in interpretation, and will assist in concretizing the terminology as well. The imperfection of the content of Article 11.6 of the Code of Administrative Offenses of the Russian Federation provides prerequisites for the commission of offenses of both minor severity and those that can be qualified as actions that create a threat of committing an act of unlawful interference on protected objects of transport infrastructure, objects of the fuel and energy complex, which can entail serious consequences.

This article explores some of the highlights of the United Handbook on Carbon Taxation that was produced by the Subcommittee on Environmental Taxation under the mandate of the United Nations (UN) Committee of Experts on International Cooperation in Tax Matters. The article analyses the existing international environmental agreements and the principles of international environmental law that provide the legal backdrop for the development of a carbon tax approach. It further considers the conceptual dimension of the terminology employed to frame carbon taxes. In doing so, the article points to three main conceptual lacunes in this field, specifically, the absence of international consensus on the definition currently used for carbon pricing, environmental taxation, and fossil fuel subsidies. At the same time, it highlights the breakthrough definition proposed by the committee for ‘carbon taxation’, the first of its kind, even if only for the purposes of the Handbook. In addition to providing a thorough review of the main policy approaches introduced in the Handbook in forwarding a carbon tax, the article also explores forward-looking areas in which further work can be done. Such areas include the application of carbon taxation in niche markets such as aviation and maritime transport. Carbon taxation, environmental taxation, carbon pricing, United Nations, committee of experts, international tax, aviation emissions, maritime emissions, fossil fuel subsidies, border carbon adjustment.

Although the concept of the blue economy is relatively new, the European Union is already taking steps to make it a reality. Therefore, it is necessary to determine the scope of activities that should be carried out for the sustainable development of the blue economy in Poland. It was decided to analyze basic data and indicators to verify whether the Polish maritime and coastal economy meets the goals of the blue economy. During the research, it became apparent that inaccuracies in terminology affect the selection of indicators. Therefore, the definitions and classification of sectors related to the blue economy were verified. Based on the literature review and the available data, the Polish maritime and coastal economy has considerable potential to be transformed into a blue economy. However, major barriers have also been identified, the removal of which requires a systematic approach. Furthermore, the benefits and costs associated with the transformation are highlighted.

The article is focused on the study of the English terminology in the sphere of shipbuilding, being the part of the marine vocabulary. The paper points out that formation of this terminological system was primarily conditioned by the presence of merchant and military fleet in Britain and was later accelerated by the development of active trade and economic relations leading to import-export exchange of strategic goods to the countries around the world. The authors give their definition of the notion “marine terminology”, which comprises industries of maritime affairs (shipbuilding, ship repair, electromechanical equipment, related computer technologies, port networking) as well as marine terms themselves denoting concepts and phenomena of the sphere (e.g., names of ships and vessels, special units of measurement and marine standards, port and coastline facilities, maritime law). It was found out that the shipbuilding terminology has a narrower specificity and is related to the industrial sector, namely: mechanical engineering, metallurgy, engineering. From the standpoint of semantic and structural properties, the terms are singled out into motivated composites, semi-motivated composites, and unmotivated composites. It was found out that their structure comprises two, three, four and five components, the terms denoting ship objects (e.g., parts of the ship’s hull, elements of the ship, ship structure, ship design and its testing) being of the highest productivity. The analysis has also revealed a high frequency of abbreviations employed in the system of shipbuilding terminology primarily used for language economy and lapidary expression of the idea. The registered types of abbreviations include complex shortened abbreviations; complex abbreviations with shortened initial elements of the original word combination; initial abbreviations, predominantly being two- and three-component acronyms). It is concluded that the shipbuilding lexical system reflects the development of the shipbuilding industry and serves to perform an important communicative function among the specialists in this field.

Abstract In today’s world, conflict is no longer restricted to military combat on the traditional battlefield. Over the past two decades, there has been an increase in the use of legal terminology and proceedings by States, non-State actors, non-governmental organizations, and other actors to achieve tactical and strategic goals, often termed ‘lawfare’. The use of lawfare may compromise not only the national security of States but also the fundamental integrity of international and domestic legal institutions and the rule of law. This chapter provides a practitioner’s perspective regarding the use of the legal domain both on and off the kinetic battlefield. It describes how operational legal tools were and are continued to be strategically employed by Israel’s adversaries to promote their political and military agenda, using the 31 May 2010 maritime incident as an illustrative case study. The chapter concludes with some insights drawn from Israel’s experience with lawfare.

Research is devoted to the study of the process of formation and development of norms and institutions of international trade law in Ukraine in the IX – first half of the XVII centuries. International trade law in modern Ukraine began to take shape on the basis of customs as international trade could not develop spontaneously. The study found that during the formation of Kievan Rus as a powerful state the international treaty is gradually becoming the main source of international law. The process of concluding international agreements in the early tenth century divided into stages, which included: preparation and acceptance of the terms of the agreement, consent to its binding force, signing and guaranteeing the implementation of the international agreement. The analysis of Rus- Byzantium treaties gives the grounds to claim that they were all concluded in the form of international treaties contained the rules of international trade law and were public law. The paper emphasizes that in the field of international law the principles and norms of law of international treaties (pacta sunt servanda), international trade and maritime law as well as diplomatic (ambassadorial) law are beginning to take shape. Among the principles of international trade law the principle of mutual interest and respect is important which was mostly reflected in the then international treaties and became the basis for the future formation of a broader principle – the principle of reciprocity. The process of evolution of norms and institutions of international trade law in the second half of the fourteenth – first half of the seventeenth centuries was influenced by a certain economic decline of Ukrainian lands due to the Mongol-Tatar invasion. However the expansion of commodity production as well as the further development of international, political, economic and social relations contributed to the further genesis of international trade law. The main sources of international trade law were international trade custom, international legal treaty, the rules of Magdeburg law. The norms of customary commercial law regulated first of all the legal relations between members of trade corporate guilds. The purpose of an international legal agreement was to establish, change or terminate rights and responsibilities in various interstate relations. The nature of international treaties was political but their content and the principles of compliance by the parties directly affected trade relations between states and other subjects of international trade law. In terms of the number of contracting parties the agreements were usually bilateral. The development of norms and institutions of international trade law in the second half of the fourteenth – first half of the seventeenth centuries was characterized primarily by the spread of Magdeburg law which led to the inclusion of international trade law in the system of municipal (city) law. The norms of Magdeburg law established the procedure for electing the city authorities and its functions determined the activities of merchants’ associations, the procedure for trade, etc. In the cities according to the norms of Magdeburg law there was a well-established legal terminology which simplified the conclusion of commercial agreements between local and foreign merchants.