Compensation for damage caused by marine pollution from land-based sources Cover Image

Naknada štete za onečišćenje mora iz kopnenih izvora
Compensation for damage caused by marine pollution from land-based sources

Author(s): Axel Luttenberger
Subject(s): Civil Law, Maritime Law, Commercial Law
Published by: Hrvatska akademija znanosti i umjetnosti
Keywords: marine pollution - land-based sources; compensation for damage; implementation of regulations;

Summary/Abstract: Paper deals with the complex issue of pollution of the sea from land-based sources together with analyses of provisions of the UN Convention on the Law of the Sea, the Convention on Prevention of Marine Pollution from Land-based Sources and the Protocol on Protection of the Mediterranean against Pollution from Land-based Sources and Activities. Domestic sources are stipulations of the Constitution and the Declaration on Nature Protection, as well as the system of laws on nature protection and other environmental laws with particular reference to provisions in the field of maritime affairs. Author accentuates that the purpose of legal instruments is regulating order in the environment and the method of performing particular activities, as well as the system of pollution monitoring and sanctioning the violation of norms. The author points out the necessity of adopting regulation only upon consideration of the actual feasibility of its implementation, with relevant prevention measures and procedures after the damage event. Furthermore, the author proposes instituting the specialized independent agencies in charge of supervision of regulation implementations.

  • Issue Year: 43/2004
  • Issue No: 158
  • Page Range: 199-212
  • Page Count: 14
  • Language: Croatian