Primjena odredbi Pomorskog zakonika o izvanugovornoj odgovornosti vlasnika broda i brodara na jahte i brodice

Author(s): Dorotea Ćorić / Language(s): Croatian Issue: 172/2018

This paper provides a short overview of the basic forms of non-contractual liability prescribed by the Maritime Code. Considering that the prescribed forms apply to all vessels, in this paper special attention is given to the problem of determining the liable persons in cases of liability for damage caused by a yacht or a boat. It is pointed out that the current regulations regarding nautical tourism, especially the ones regulating the activity of renting yachts and boats, use different terms and definitions regarding persons on the side of the yacht and the boat which makes it more difficult to determine which of them can be the bearer of liability. With the interest of protecting potential injured parties, in particular marinas and other nautical tourism ports, the author proposes changes and additions to the Maritime Code regarding the determination of liable persons on the side of the yachts and boats. Finally, the author stresses that, if applied, the proposed changes and additions would contribute to clearer and more accurate interpretation and application of legal provisions and contribute to achieving legal certainty, as well.

Standardi sigurnosti plovidbe u lukama nautičkog turizma (marinama) s posebnim osvrtom na održavanje reda u luci

Author(s): Ranka Petrinović,Nikola Mandić,Branka Milošević Pujo / Language(s): Croatian Issue: 172/2018

According to the Maritime Code, the Maritime Domain and Seaports Act and the Ordinance on the Conditions and Mode of Ordering in Ports and Other Parts of the Inland Waters and Territorial Sea of the Republic of Croatia, the concessionaire of each individual port of nautical tourism must issue an ordinance on the order in the port and conditions of use of the special purpose port. This is a legal requirement arising from the legal status of the concessionaire of the nautical tourism port, as its managing body. Such Ordinance shall in particular regulate the means of traffic management in the port, and the purpose of particular shore areas in the port, whereby the concessionaire in the ports of nautical tourism shall be obliged to take into account the needs for permanent transit and operational berths. Furthermore, apart from prescribing the purpose of individual port areas, the Ordinance also prescribes the reporting procedures, as well as the entering,mooring, berthing, moving, anchoring and leaving procedures of vessels and how they ought to be controlled, which is of vital importance for the safety of navigation and the protection of human life at sea. The Ordinance on the Order in the Nautical Tourism Port shall apply to the entire land and sea area of the Port, in accordance with the Maritime Concession Contract for the Construction and Use of the Port. The Ordinance on the order in port confirmed by the competent port authority shall be effectively publicized. However, the question that arises is what extent of power nautical port authorities have if the ordinance provisions are violated, i.e. what are the powers of competent maritime administrative and state authorities (Harbour Master, police). In this paper, the authors analyze the scope and responsibilities of the nautical tourism port concessionaires with regard to maintenance of the order in the port. Above all, they explore its legal and practical role in ensuring the necessary standards of navigation safety, as well as the implementation of these powers in the practice of domestic ports of nautical tourism (marinas), with reference to available statistical data that point to the actual standards of navigation safety in domestic ports of nautical tourism (marinas).

Sigurnosna i privatna zaštita morskih luka u Republici Hrvatskoj

Author(s): Hrvoje Jović,Mišo Mudrić / Language(s): Croatian Issue: 172/2018

The first part of the paper defines the term port facility, determines the port classification and analyses the port security system in the Republic of Croatia, as regulated by domestic law and relevant international documents. In the second part, the functioning of private protection in the Republic of Croatia is further elaborated, especially with regard to the actual physical protection service provided by private contractors. A special emphasis is placed on the provision of private protection in port facilities. Finally, the paper analyses the security companies’ damage liability and related liability insurance.

Pravni odnosi između marine i charter kompanije u svezi s ugovorom o vezu : Prikaz hrvatske i komparativne poslovne prakse

Author(s): Marija Pijaca / Language(s): Croatian Issue: 172/2018

This paper discusses the legal relations between the marina and the charter company arising from the contract of berth. The terms of the marina and the charter company are defined and their basic characteristics (classification, categorization, operation under concession conditions of the marina, conditions and the way of conducting chartering activities) are specified. Furthermore, the sources of legal relations between the marina and charter companies in Croatian business practice are analyzed (a business cooperation agreement, a settlement agreement on annual contractual obligations, a berth contract and a lease contract for a business space in the marina i.e. technical cooperation between marina and charter company). Apart from the presentation of the content of autonomous legal sources, the paper also refers to the content of the provisions of general conditions of the marina business. In addition to the solutions from business practices of the Croatian marinas, there are also solutions of legal relations between marinas and charter companies from business practices of several neighboring countries – Spain, Italy and Slovenia. Reference is made to the lack of statutory legal framework to regulate legal relations between marinas and charter companies. There is a need to standardize a legal relationship between the marina and the charter company related to the berth contract.

CMI between New York and Genoa

Author(s): Giorgio Berlingieri / Language(s): English Issue: 172/2018

Problem valorizacije zakonitih ulaganja u lukama nautičkog turizma u Republici Hrvatskoj

Author(s): Iva Tuhtan Grgić,Božena Bulum / Language(s): Croatian Issue: 172/2018

With the construction of a nautical tourism port in the Republic of Croatia its concessionaire,except the right to economically exploit the port he built, in accordance with the decision and contract on concession, has no other rights on the port and objects he built.Everything incorporated, later added or in any way permanently attached to maritime domain will remain its part, consequently its value will be increased. The aim of this paper is to determine in which cases the concessionaire who invested in maritime domain in the Republic of Croatia, and in that way increased its value has right to compensation for the investments he made. Although Maritime Domain and Seaports Act (MDSA) and Concession Act (CA) prescribe a whole series of reasons for termination of concession,the paper analyses exclusively the issue of valorisation of investments in case of its termination by expiration of time on which it is granted. Special attention will be devoted to issues of extension of concession (including its automatic renewal) right to priority concession, financial compensation which will be assigned by application of institute of gains without legal foundation, compensation of necessary and useful expenses which were not foreseen in the documentation on concession, as possible forms of reimbursement of that what the concessionaire has invested and what exceeds the amounts of resources anticipated with the decision and contract on concession. In relation to that matter, the issue of applicable national legal rules is particularly analyzed, respectively the relation between CA and MDSA. We also investigate the influence of rules of the European Union on award of concession contracts and services in the internal market, respectively Directive2014/23/EU and Directive 2006/123/EC on the interpretation and application of national rules. Judicial practice of the Court of Justice of the European Union which refers to interpretation of the relevant provisions of these Directives is analyzed. Further, it is pointed to some solutions and doubts that emerged in comparative laws in relation to issues of awarding and extension of concession. Finally, solutions with respect to possibilities of valorisation of the concessionaire’s investment in nautical tourism ports in the Republic of Croatia de lege ferenda are submitted.

Financiranje projekata na pomorskom dobru

Author(s): Zoran Tasić / Language(s): Croatian Issue: 172/2018

Concessions rise very sensitive political, economic and legal issues in many countries worldwide. Even defining the term ‘’concession’’ can be a complicated and not very straightforward exercise. OECD accepted definition of a concession as: “a grant to a private firm of the right to operate a defined infrastructure service and to receive revenues deriving from it. The concessionaire takes possession of the relevant assets (but ownership usually remains with the government) and uses them to provide the relevant product or service according to the terms of the contract.’’Croatian law defines concession generally as a right acquired pursuant to a concession contract subject to terms set out in the decision on concession (granted by a relevant authority) and, in respect of maritime domain, more specifically, as a right (of the Government authority) to exclude a part of maritime domain from the public use, either partly or completely, and to grant it to individuals or corporations for their commercial use subject to the relevant area planning. Buildings and other units erected on a maritime domain form its integral part.The law makes it clear that no property rights can be created on any part of maritime domain including buildings and units erected thereon. Projects developed on maritime domain often include large infrastructure projects,development of ports and marinas which require substantial financing. Banks that provide financing to such projects require organized and transparent concession laws and regulations, freedom of contract, legal protection of all parties involved (including a possibility of international arbitration). Projects of that kind are normally financed through project finance scheme which requires high level of capital and involves a substantial number of participants such as banks, contractors, investors, project managers, service suppliers, public sector, etc. Project finance scheme depends entirely on income generated by the project itself which income is the only source of repayment of financing and on ‘’the availability of reliable security instruments on the assets and cash flow of the concessionaire in favour of lenders,including ‘step-in’ rights and the possibility of government financial support or the guarantee by the contracting authority of proper fulfilment of its obligations. ’’The purpose of having security instruments (including assignment of concessionaire’s rights under the project contracts) for the concessionaire’s loan obligations, is that in the event of the concessionaire’s default the bank can ‘’step-in’’ and take full control over the project (instead of enforcing the securities) and make sure that the project is completed.That is why the project contracts, including concession contract in the first place, are of paramount importance for the banks. Normally, the security instruments on the concessionaire’s assets do not include mortgage on the project buildings and other units developed on the maritime domain. Croatian law does not allow for creation of a mortgage on maritime domain. That, however,is not an obstacle for the banks to provide financing for projects developed on maritime domain. From project finance banks’ point of view it is not necessary to change the law in order to allow creation of mortgage on maritime domain. Other security instruments created in favour of the banks providing project finance, including direct agreements, are normally sufficient for the banks to control the project.

Pravni okvir borbe protiv pomorskog terorizma s posebnim osvrtom na Obalnu stražu Republike Hrvatske

Author(s): Dragan Bolanča,Petra Amižić Jelovčić / Language(s): Croatian Issue: 172/2018

Terrorism is a complete negation of democracy and of all recognized values of contemporary world and, as such, is considered to be the key destabilizing factor in attaining global and national security. Maritime terrorism, as one of its manifestations,represents an enormous threat to human lives, marine environment and safety of navigation in general. In the last thirty years, International community and European Union made strenuous efforts to prevent terrorism and even intensified them after USA terrorist attacks in September 2001. A whole range of international and national regulations was adopted, creating in that way, quite a systematic legal framework. In this article the authors elaborate on relevant legal documents with special reference to the role of Croatian Coast Guard in the combat against maritime terrorism.

Compliance and Conformity in Maritime Labour Law. The Maritime Labour Convention

Author(s): Oana Adăscăliţei / Language(s): English Issue: 4/2022

The Maritime Labour Convention (MLC 2006) contains all updated maritime labour standards and provides effective procedures to ensure their implementation by the Member States, as well as a mechanism for monitoring compliance. As an element not found in any of the International Labour Organization's (ILO) conventions, its provisions introduce a certification system for social and working conditions on merchant ships. The Maritime Labour Conventionof 2006 establishes three distinct levels of regulatory authority in the maritime industry: flag state, port state, and maritime labour supply states. The system established to ensure compliance with the provisions of the Convention consists of inspections, reports, monitoring measures, and legal proceedings in accordance with the applicable legislation. The verification of conformity concerns only compliance with the working and living conditions on board ships. In the event that the fundamental rights of seafarers as provided for in Article III of the Convention are violated, the only way to remedy this is to resort to national enforcement mechanisms or supervisory procedures established under the ILO Constitution. In this article, we intend to present the actual procedures that ensure the implementation of maritime labour standards by the Member States. The article is based on ILO sources and EU legislative provisions and is accompanied by a doctrinal analysis.

The Interest of the European Union in the Exploration and Exploitation of the Blue Continent’ Resources

Author(s): Laura Magdalena Trocan / Language(s): English Issue: 1/2023

The existence of unsuspected resources in the seas and oceans of the world and the real possibilities of covering an important part of the food and energy requirements of mankind in the context of the of terrestrial resources ' depletion, in a not too distant interval, have made to continuously increase the interest in the world ocean, the seas and oceans being engines of the world economy, including the economy of the European Union, having great potential for innovation and growth, the maritime sector, at the level of the EU, offering viable solutions for economic development, job creation and ensuring food resources for a population of over 500 million people. These developments have led to developments, especially in international investments (within or outside the EU). In this context, the present study wants to make a presentation, (using scientific methods such as: analytical, comparative, quantitative method etc.) of the interest of the European Union in terms of the exploration and exploitation of the resources of the blue continent in the light of the initiatives, regulations and measures implemented until present, by this international organization sui generis.

USE OF THE INTERNATIONAL RIVERS AS THE CHALLENGE FOR THE INTERNATIONAL LAW IN XXI CENTURY

Author(s): Michał Matusiak / Language(s): English Issue: 2/2022

Rivers are used by humanity from its very beginning. They are connected to rise of the first civilizations. There are many benefits for habitants of banks of the river, which can be source of food, a way for transport variety of goods and in last decades it is also valuable source of power for water power plants. It is above of all a great source of water, not only for drinking and agriculture, but also for industry. Last problems with use of Odra on Polish – German border poses once again question about international rivers and legal issues connected with conflicts on this ground. The text below concerns on the international law on rivers and presents a few chosen cases, when river was a subject of international dispute.

О ОСНОВНИМ ОБЕЛЕЖЈИМА НОВОГ ПРАВА МОРА

Author(s): Milenko Kreća / Language(s): Serbian Issue: 1-3/1986

In defining the traditional law of the sea as the one based on a strict dichotomy (coastal sea — high seas), the author points out that the eroding of that branch of law began due to a combination of political (the resistance of newly liberated countries to the unequal character of the traditional law of the sea) and technology challenges (namely, the possibility of using the sea resources). The erosion is visible both in extending the belts provided by the traditional law and in establishing of new belts. In such a way the dichotomy structure is replaced by a trichotomy one which is expressed, in terms of value, through the formula: sovereignty — semi-sovereignty — anti-sovereignty. The basic form of expressing of semi-sovereignty is the exclusive economic zone, because in such a belt the coastal state does possess sovereign rights, but they are less in scope than full sovereignty. The author considers that the new Law of the Sea Convention remains to quite an extent in the frameworks of the conception of institutionalisation of request of the coastal states to extend as much as possible the spaces of the high seas, although only the conception of international zone does go out the such frameworks. In its original meaning, which is quite diminished by the solution adopted in the Convention, the international zone is the only belt in the new law of the sea which is based on the philosophy of the spirit of community and to solidarity as contrasted to the laissez-faire doctrine which for centuries was a basis of the theory of freedom of the sea.

Concentrare extremă privind manipularea containerelor

Author(s): Adeline Descamps / Language(s): Romanian Issue: 01/2022

În timp ce numărul de containere manipulate a scăzut în 2020 la 802 MEVP, cei mai mari 21 de operatori portuari din lume și-au crescut influența pentru a revendica 49% din totalul global, potrivit datelor Dynamar. Oglindind dominația porturilor chineze, stivuitorii chinezi urcă în clasament. Til, o subsidiară a MSC, este unul dintre cei trei operatori rari în creștere.

РИМЉАНИ И РОДОСКО ПОМОРСКО ПРАВО

Author(s): Dragoljub Popović / Language(s): Serbian Issue: 5-6/1981

Вплив правового режиму воєнного стану на забезпечення права на таємницю кореспонденції в Україні

Author(s): Alina Levchenko / Language(s): Ukrainian Issue: 2/2022

The article is devoted to the study of the influence of the legal regime of martial law on ensuring the constitutional right to secrecy of correspondence, telephone conversations, telegraph and other correspondence. Martial law and restrictions on human rights and freedoms are not common in any country in the world. However, today, in connection with the imposition of martial law in Ukraine due to Russia’s armed aggression against Ukraine, this topic is quite relevant. The author investigates the essence of restrictions on human rights and freedoms in martial law, legal grounds, models, conditions and principles of restrictions on human rights and freedoms in martial law, in particular the right to secrecy of correspondence. The foreign experience of martial law in the country and restrictions on the right to secrecy of correspondence and other human rights and freedoms under such conditions are considered. The mechanism of martial law in Ukraine or in some of its territories is analyzed, its shortcomings are identified, which can significantly affect human rights and freedoms in martial law. A comparative description of the Ukrainian and foreign mechanisms of martial law and restrictions on human rights under martial law has been made. In order to avoid unjustified or illegal restriction of the human right to secrecy of correspondence in wartime, substantiated recommendations are provided to eliminate the shortcomings of the mechanism of martial law in Ukraine.

EVOLUȚIA DREPTURILOR OMULUI PENTRU FOLOSINȚA MĂRILOR

Author(s): Constantin Anechitoae / Language(s): Romanian Issue: 1/2023

Of the four classic elements: water, earth, fire and air - water represents the element of human development, which has known over time, mythical appre- ciations, with sacrifices given to the gods through offerings to receive help to actions with the help of which, the activities on dry have experienced an accelerated development due to its boundless expanse and fluid quality.This development was possible over time, along with the discoveries of other land territories, which along with the progress, the need for legal regulations was keenly felt, to be able to use the infinity of possibilities, as an indispensable good and a human right in supporting the economic and social development of all humanity.In the present study, we consider the gift received for free by all mankind of the water element, which represents a condition of life on earth irreplaceable with any other element, going from its appearance to the first regulations in the field.

Posebnosti ugovaranja leasinga plovila u pravnom prometu u Republici Hrvatskoj

Author(s): Marija Vidić,Miho Baće / Language(s): Croatian Issue: 177/2023

The authors analyse the peculiarities of contracting in the business of vessel leasing in the Republic of Croatia and its relation to other movable properties. General business conditions as part of the vessel leasing contract are the focus of this research. In the paper, the authors examine different approaches of leasing companies in relation to the specifics of the vessel, as an object of leasing, which, through the general conditions of business, determine the specific rights and obligations of the leasing provider and receiver. A critical review is given of the various solutions that are prescribed by leasing companies in the Republic of Croatia through the general terms of business. For a complete analysis of the scope of the parties in the contracting process, the legal framework of the leasing contract is analysed beforehand.

Pomorsko pravo : [prikaz knjige]

Author(s): Jasenko Marin / Language(s): Croatian Issue: 177/2023

In April 2023, the University of Split, Faculty of Law, published a book entitled Maritime Law, written by Professors Dragan Bolanča and Petra Amižić Jelovčić. The authors have transferred their knowledge and experience, gained through decades of scientific and teaching work at the Department of Maritime and General Transport Law of the Faculty of Law in Split, into this comprehensive work. The Senate of the University of Split has accepted this book as a university textbook on maritime law.

IZBY MORSKIE W SYSTEMIE ORGANÓW OCHRONY PRAWNEJ

Author(s): Marta Roma Tużnik / Language(s): Polish Issue: 1/2024

The study discusses the issue of maritime chambers, which includes the use of their settings in the protection system. The publication consists of four thematic areas. The fi rst contains a terminological assessment with an explanation of the concept of protection and their classifi cation. The second thematic area, directly related to the fi rst one, concerns a number of doubts in science and jurisprudence about the legal nature of maritime chambers. The third thematic area presents the application of maritime chambers in the provisions of the Act of December 1, 1961. about maritime chambers. On the contrary, the fourth thematic area is devoted to maritime organization. The research goal of the work is to familiarize the reader with the assumptions of the Act of December 1, 1961 in detail. on maritime chambers, regarding the legal essence of maritime chambers, their properties and internal structures. The main research hypothesis developed by the author is: maritime chambers in the security system acting as quasi-judicial bodies. The work uses research tools such as legal research analysis and dogmatic analysis. Conclusions from the work, a detailed description of which is included in the summary, based entirely on the research hypothesis.

Vymezení umělých ostrovů v mezinárodním mořském právu a jeho význam pro spory v Jihočínském moři

Author(s): Marek Janata / Language(s): Czech Issue: 3/2024

This paper explores the concept of islands in international law and its implications for the South China Sea dispute. Islands are important for various reasons, such as territorial sovereignty, maritime rights, and natural resources. However, the legal binding definition of artificial islands has not been enacted by any international document until now. This paper traces the historical development of the concept of islands, from the Hague Conference in 1930 to the United Nations Convention of the Law of the Sea (UNCLOS) in 1982. It also analyses the challenges and opportunities of artificial islands, which are man-made structures that can serve different purposes but can also create various legal and environmental problems. Artificial islands are especially relevant for the South China sea dispute, which involves multiple costal states, while China has significant geopolitical and economic implications. This paper argues that the South China Sea dispute can be resolved through cooperation and dialogue, based on international law framework. Taking into account the provisions of UNCLOS, South China Sea dispute, state practise, and legal scholarship, this article aims to unpack the complexities surrounding artificial island and implications of artificial islands on the international relations.