The Recovery and Removal of Wrecks and Sunken Objects Pursuant to the Draft Amendments to the Croatian Maritime Code of 2018 Cover Image

Vađenje i uklanjanje podrtina i potonulih stvari prema Prijedlogu zakona o izmjenama i dopunama Pomorskog zakonika iz 2018.
The Recovery and Removal of Wrecks and Sunken Objects Pursuant to the Draft Amendments to the Croatian Maritime Code of 2018

Author(s): Vesna Skorupan Wolff
Subject(s): Maritime Law, Commercial Law
Published by: Hrvatska akademija znanosti i umjetnosti
Keywords: Croatian Maritime Code; International Convention on the Removal of Wrecks (Nairobi_2007) (WRC); recovery; removal; wreck; sunken object;

Summary/Abstract: The amendments to the Croatian Maritime Code of 2013 stipulate in a systematic and integral manner the legal concept of the recovery and removal of wrecks and sunken objects. The application of legal provisions during the five-year-long practice has shown the shortcomings and inadequacies of certain legal solutions. Additionally, as a followup to Croatia having become a party to the International Convention on the Removal of Wrecks, Nairobi, 2007 (WRC), integral implementation of the WRC into the Croatian Maritime Code is needed. Draft amendments to the Croatian Maritime Code have been drawn up due to the aforementioned reasons. The objective of this paper is to present and explain the proposed amendments to the Croatian Maritime Code concerning the recovery and removal of wrecks and sunken objects, as well as to offer explanations as to the aim and effect of every single amendment. The author has concluded that the new legal propositions present an improvement of the existing legal solutions. She believes that the amended provisions, once they enter into force, will provide an appropriate legal framework for a more efficient treatment of wrecks and sunken objects.

  • Issue Year: 58/2019
  • Issue No: 173
  • Page Range: 209-254
  • Page Count: 46
  • Language: Croatian