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Pravni pojam luka i pristaništa u bosanskohercegovačnom plovidbenom zakonodavstvu

Author(s): Dragan Bolanča / Language(s): Serbian Publication Year: 0

In this paper the author analyses the legal concept of ports and wharfs in four law acts in Bosnia and Herzegovina: The Maritime and Inland Navigation Act of Bosnia and Herzegovina (1992), as lex specialis and Inland Navigation Act of Republic of Srpska (2001), Inland and Maritime Navigation Act of the Federation of Bosnia and Herzegovina (2005) and Inland Navigation Act in District of Brčko of Bosnia and Herzegovina (2008), as lex specialis. In conclusion the specific differences of mentioned law solutions are enacted and author proposes changes de lege ferenda.

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Trends in the Use of Information Technology in Maritime Transportation

Author(s): Erdem Muhammed Said / Language(s): English Publication Year: 0

We set out to discuss in this paper about maritime transportation. It is known that more than 90% of global trade is supported at sea. In the last century, the shipping industry recorded an increase in total trade. The growth of industrialization and the liberalization of the national economies have favored free trade and increased demand for consumer products. The development of technologies has caused maritime transport to evolve efficiently and become a prompt method of transport. A look at the international maritime transport system presents a system consisting of three components, namely: the maritime transport system (freight and passengers), auxiliary maritime services (any activity related to cargo handling in ports and ships) and port services (activities related only to management ship in ports). Maritime transport and is an integral, sometimes less visible, part of the world economy.

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Concept of Charterparty as an International Contract for Engagement of Ship for Transportation of Cargo and Legal Perspective on Critical Areas of Charterparty for Avoidance of Disputes

Author(s): Harsh Pathak / Language(s): English Publication Year: 0

In international business charterparty is a main legal contract of engaging a vessel for transportation of cargo. It is a highly important document since it defines the performance obligations as rights, duties, liabilities, risks, earnings, costs and profits between the contracted parties, i.e. the shipowner and the charterer. The proper incorporation, interpretation and understanding of charterparty terms is crucial for chartering business. Therefore, this paper based on the observations of the various judicial authorities, emphasis on the main types of charter and deals with usual clauses qua distribution of the liabilities and expenses between the ship-owner and the charterer. More specifically, type of the charter, important clauses in the charterparty for suitability of the vessel, its seaworthiness, the avoidance of unjustifiable deviations, the ship’s arrival at the port, the loading and discharging operations, the delivery of cargo, liabilities, exceptions to liabilities etc. The instant paper is based on shipping practices followed in accordance with international and English common laws in pre-to-post fixture in execution of chartering process. As chartering is one of the most critical commercial operation under international business contracts with significant operational, financial and legal consequences.The deliberations in this paper is from a contractual and legal perspective to understand this special purpose contract for better execution and avoidance of disputes.

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Stvarna prava na brodu (usporedba hrvatskog i bosansko-hercegovačkog plovidbenog zakonodavstva)

Author(s): Dragan Bolanča / Language(s): Serbian Publication Year: 0

This paper represents an analysis of the law of property on ship (the institute of ship hypotheque and maritime liens). In this context, the author points out Croatian Maritime Code (2004) and The Maritime and Inland Navigation Act of Bosnia and Herzegovina (1992). In conclusion the specific differences of mentioned law solutions are enacted.

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Vladavina prava i pomorsko pravo u eri globalizacije

Author(s): Dragan Bolanča / Language(s): Serbian Publication Year: 0

Maritime law originally belongs to the continental legal system but is, in its essence, a mixed legal system, because it also contains a number of elements of Anglo-Saxon law. Despite some original solutions pertaining only to maritime law and irrespective of the great influence of international conventions, including the international law of the sea, it cannot be claimed that this is universal law, i.e. a special (third) legal system in the world. However, its great uniformity undoubtedly contributes to the rule of law in maritime enterprises.

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Maritime Geopolitics in Indian Ocean: China’s Bid for Regional Dominance

Author(s): Samin Farhan Asef,Fahmida Alam / Language(s): English Publication Year: 0

In the contemporary world, China is one of the giants that intends to dominate the whole world. To achieve this enormous dream China took the Belt and Road Initiative (BRI) which will connect most of the world through land and maritime routes. BRI’s geographical span is constantly expanding which comprises 3 continents, 68 countries covering 65% of the world’s population which will involve infrastructural development like ports, roads, railways, and airports costing over US$1 trillion in investments. The Indian Ocean has become a key strategic arena in maritime geopolitics due to its increasing importance in terms of global economic trade and security. This paper focuses on explaining the geopolitical dimension of BRI. Hambantota and Gwadar, two mammoth seaports, in the Indian Ocean play a crucial role in China’s plan to increase its maritime footprint in littoral South Asia. This paper also attempts to find out China’s emerging strategic security interests in this region by exercising soft power which is a key element in China’s national security. The objective of the paper is to trace China’s changing maritime stance towards the Indian Ocean, with the aim to improve regional dominance and integration by increasing trade and economic growth.

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Zakon o plovidbi i lukama unutarnjih voda Republike Hrvatske iz 2007. godine - osnovne značajke

Author(s): Dragan Bolanča / Language(s): Serbian Publication Year: 0

In this paper the author describes in detail the basic characteristics of the new Croatian Navigation and Ports in Internal Waters Act (2007). He elaborates nine parts of the mentioned act: 1. basic provisions, 2. safety of navigation, 3. nationality, identification, registration and deregistration of vessels, 4. waterways, ports and harbors, 5. carriage and contracts on carriage, 6. navigation incidents, 7. port offices and inspection control, 8. navigational misdemeanors and 9. transitional and final provisions. In conclusion he points out that new act follows acquis communitaire and represents an improvement in the development of Croatian navigation in internal waters.

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Izvanugovorna odgovornost za smrt i tjelesne povrede kupača i drugih osoba u moru (vodi) koje prouzrokuje brod (usporedba bosansko-hercegovačkog i hrvatskog plovidbenog zakonodavstva)

Author(s): Dragan Bolanča / Language(s): Serbian Publication Year: 0

The author of this article deals with the liability for death and personal injuries of swimmers and other persons at sea (water) caused by ship (craft). He describes the legal solutions in four acts in Bosnia and Herzegovina: The Maritime and Inland Navigation Act of Bosnia and Herzegovina (1992) as lex generalis and Inland Navigation Act of Republic of Srpska (2001), Inland and Maritime Navigation Act of the Federation of Bosnia and Herzegovina (2005) and Inland Navigation Act in District of Brčko of Bosnia and Herzegovina (2008) as lex specialis. These acts are compared with Croatian Maritime Code (2004) and Croatian Inland Waterway Ports Act (2007). In conclusion, the specific similarities and differences of mentioned law solutions are noted. The ship-owner, the ship operator and the person operating the ship can be liable for the loss of life and personal injuries to swimmers and other persons at sea (water) caused by their ship. In many cases they can be responsible for damage on the basis of strict liability or proved fault (one case).The term “ship” or “craft” applies to all waterborne craft irrespective of their size and purpose and to hydroplanes at sea (water).

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Правни аспекти на закрилата на морските интереси на Европейския съюз

Author(s): Vanya Hristova Stamatova / Language(s): Bulgarian Publication Year: 0

This report examines the legal aspects of the protection of the European Union's maritime interests in the context of European integration, highlighting that peace and security in the maritime space could only be achieved through the utilization of pan-European measures.

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GENDERIZING OF THE PARTICIPATION RIGHT IN THE DECISION-MAKING PROCESS: THE ELECTORAL QUOTA AND FEMALE LEADERSHIP IN ALBANIA

Author(s): Evis Garunja / Language(s): English Issue: 2/2021

This paper is focused on the Albanian electoral system, its total inclusion approach, protection and promotion of gender characteristics, historical and legal developments on the gender quotas necessity, the comparison in time and space, the barriers and opportunities to promote gender politics in public and social area in Albania. The methodology will consist of a comparative analysis of legislation, the international legal framework, recommendations of international institutions, policy papers on identifying the causes why higher gender representation in politics produces estimated results in the public area, social and economic development. Analysis of the circumstances, historical periods, social and economic impact in legal amendments would be another methodology component. Gender quotas provide a critical minority of women, from 20% to a gender balance of 50%, either as an education of the community to face with real gender balance in common life.

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ЛЪВСКОТО ДРУЖЕСТВО В РИМСКОТО ПРАВО

Author(s): Stoyan P. Ivanov / Language(s): Bulgarian Issue: 1/2021

The article discusses the origin and meaning of the notion and the term leonine partnership, as well as the problems associated with the distribution of profits and losses between the partners in the consensual contract for partnership in Roman law. The fragment from the Digests of Justinian where actually is the unique mention of the expression societas leonina and this form of partnership is defined by the Romal classical jurist Cassius is subjected to a legal-dogmatic and linguistic analysis. The fable of Phaedrus for the partnership between a lion, a goat, a cow and a patient sheep which is considered to be the original source, used for forming the concept of the leonine partnership in Roman legal thought is completely analysed and interpreted. The author paid special attention to the magna questio (the great discussion) among Roman jurisprudence, dating from the period of the end of the Roman Republic with some projections and in the classical period in connection with the distribution of profits and losses in the consensual contract of partnership as a result of the partnership`s activity. And on the other hand the article examines the problem about the existence of privileges or restrictions for certain partners regarding the profits and analysis of the two leading opinions on the subject through the exegesis of a fragment of the Institutions of Gaius.

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12.00 €

Global Maritime Geopolitics

Author(s): / Language(s): English

States must develop new approaches, maritime policies, strategies and tactics to cruise through contemporary maritime politics. Soft power, as well as economic, commercial, and logistics factors are of critical importance in establishing marine power. It is critical to promote maritime-related products such as films, serials, literature and art, maritime journalism, and maritime photography as part of governmental policies. Marine and maritime security challenges are becoming more important in today’s world. As a result of all these developments, the preparation of a multidimensional and comprehensive work on the oceans and seas at the global level has been brought to the agenda. Our book has been written to elucidate these concerns and contribute to this important scholarly and policy field. This book can also be useful for wider audiences as a comprehensive volume on maritime geopolitics covering many cases from around the world and discussions from Turkish perspectives.

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4.50 €

Antarctic and Arctic Maritime Security Interaction within Liberalism, Realism and Critical Theories

Author(s): Burak Şakir Şeker,Hasret Çomak / Language(s): English Publication Year: 0

International security possesses a focal situation within the discipline of international relations. This concept is based upon the nations’ sovereignty principle that indicates order and stability in the domestic sphere, and disorder and possible confusion in the international arena. Notwithstanding, the issue of security in the international arena has been the subject of an important theoretical discussion, with various approaches to international security previsions created by liberal, realist and critical theorists. Likewise, various new threats of security have emerged that are especially hazardous, since the end of the Cold War, because these newly emerged threats benefit differently, and more extensively, from the modern world’s interconnectedness.

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4.50 €

Securitization Process of Indo-Pacific and Asia-Pacific Through IR Theories within Maritime Security Interaction

Author(s): Burak Şakir Şeker / Language(s): English Publication Year: 0

From ancient times to the present, the Indian and Pacific Oceans have been vital because it is an area that encompasses major trade routes and choke points. Oceans, on the other hand, is vulnerable to a variety of maritime security concerns, including piracy, drug trafficking, significant state conflicts, and terrorist operations. Coastal governments are unable to collectively assure the ocean's security, sometimes due to divergent interests and other times due to issues stemming from internal instability, but they have created regional organizations and are working in this field. Within the context of Indian and Pacific Oceans maritime security, several theoretical explanations of specific aspects can be given.

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4.50 €

The Strategic Importance of The Caspian Sea For Regional and Global Actors

Author(s): Volkan Tatar / Language(s): English Publication Year: 0

The Caspian Sea1, which has been on the agenda for a long time, is a geopolitically important region surrounded by 5 states since the debate about whether it is a sea, lake, or border lake includes different conflicts of opinion about the sharing of important energy resources. The most important factors that increase this geopolitical importance are the energy resources in or around the Caspian Sea and the logistics of this energy. The fact that many developed states, especially the USA, European Union members, and states such as China, are interested in the logistics of energy and energy, increases the importance of the Caspian Sea even more. The Caspian Sea was under the control of the Soviet Union during the interwar period and the cold war period. At that time, most of the coasts were under the control of the Moscow-controlled states, which formed the whole of the Soviet Union, while the other reason was that the only way out for connection with the seas was the Don and Volga rivers and the Soviet territory. In addition, the Treaties made with Iran since the beginning of the 1800s are an important factor in terms of the legal basis of this domination. The defeat of Iran in the wars with the Russian Tsardom and the treaties made afterwards changed the influence in the region in favor of the Russian Tsarist and later the Soviet Union, leaving Iran with only a limited area for fishing activities.

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RULES-BASED INTERNATIONAL ORDER AND US INDO-PACIFIC STRATEGY: WHAT DOES IT MEAN FOR CHINA’S BRI?

Author(s): M Jashim Uddin,Raymond Kwun-Sun Lau / Language(s): English Issue: 1/2023

The third decade of the 21st century has witnessed more tensions, instabilities, and new alliances in the Indo-Pacific/Asia-Pacific region due to intensifying rivalry and strategic competition between the US Indo-Pacific Strategy (IPS) and China’s Belt and Road Initiative (BRI), two grand strategies of the US and China respectively. This article aims to assess the Rules-Based International Order (RBIO) and comprehend Biden’s IPS, particularly exploring how the Indo-Pacific Economic Framework (IPEF) may impact China’s BRI. This paper argues that RBIO is debatable and not universal. It is also argued that while the IPEF unveiled by President Biden represents a strategically important step forward, a long-term US genuine commitment to its implementation to counter China’s BRI is essential. The methodology of this research is primarily based on secondary literature and official documents. This study concludes that although China is reluctant to pay too much attention to the US IPEF in its official statements, China is concerned about this economic initiative. The paper also concludes that because of the intense US-China rivalry, new alliances will emerge in the region leading to a new cold war or new world order.

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LEGAL REGIME OF PROPERTY OF LAND IN ROMAN PROVINCES

Author(s): Stoyan P. Ivanov / Language(s): English Issue: 2/2022

The paper considers the specific problem of the land property outside Italy in the Roman provinces during the period of the late Roman Republic and the early Principate. The author studies how the Roman government faced the new problems that the conquest created and what Rome actually did when first met the Hellenistic concepts of the land property in the conquered territories and how they were applied or modified according to the traditional Roman law principles and regulations. It is emphasized that the need to organize the territory and to define the property of the people who lived on that territory or the rights which they had to the land for a very first time occurred in Sicily which the Romans organized as the first Roman provincia. The article examines the organization of Sicily according to Lex Hieronica, it considers the exemptions and immunities of some cities from the general legal regime of the province, and studies the collection of public revenues and the payments for the taxes for the exploitation of the land – vectigal et vectigalia publica. Key notions and terms like possessio, dominium, mancipatio, vectigal, vectigalia, tributum, stipendium are cleared and special attention is paid to the correct use of the Latin legal terminology. Some of the most important fragments from the Institutes of Gaius about the provincial property are examined and is made a carefully study of his language and the legal aspects of his consideration of the rights that the individuals had over the provincial lands. The research presents in details the organization of other provinces in the late Roman Republic and the early Principate and deals with the richest Roman province – Asia, which brings huge revenues to the Roman budget. Central part of the study is dedicated to the legal regime of the provincial land and the author considers the main opinions on this topic in the recent Roman legal doctrine and translates and analyzes the relevant classical Latin texts in the sources and provides an important bibliography on the problem, he tries also to define the Roman concept for „provincial property“ which for sure was not identical with the dominium ex iure Quiritium in Italy.

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МЕЖДУНАРОДНА НАУЧНА КОНФЕРЕНЦИЯ "ЧЕРНО МОРЕ – ВРАТА И МНОГО МОСТОВЕ" 10-11 ЮНИ 2022

Author(s): / Language(s): English,Bulgarian

Innovations and investments in the Black Sea region. Challenges to infrastructural and regional development in the Black Sea. The development of tourism and marketing solutions in the sea and river territories. Solutions in psychology, social activities and pedagogy stimulated by the theme of water, water spaces and nature-based development. Legal and administrative aspects related to maritime territories and regulations. Technical and transport solutions related to water spaces. Information technologies and the use of alternative sources in blue development.

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ПРАВЕН РЕЖИМ И ЗАЩИТА НА МОРСКОТО ПРОСТРАНСТВО ПРИ ПОВИШЕН РИСК ЗА ОБЩЕСТВЕНОТО ЗДРАВЕ

Author(s): Mariya Neykova,Mariela Deliverska / Language(s): Bulgarian Publication Year: 0

The impact of climate change and environmental deterioration of marine resources and ecosystems have negative effect on exercise of fundamental human rights, including the right to healthy environment and the right to high level of protection of human health. The protection of public health and the provision of favorable environment are responsibilities of the State, as article 55 of the Constitution regulates the right of citizens to a healthy and favorable environment, as the State has an obligation to adopt legislation so to create conditions and prerequisites for guaranteeing those main rights. As to the context of ensuring public health, the Constitution establishes obligation for the State to protect the health of citizens, as this obligation also refers to activities related to care and environmental protection, protection of living conditions created by nature. Protection of marine ecosystems and establishment of preconditions for sustainable use of marine resources would prevent the deterioration of marine areas, which at the same time would provide positive impact on various areas and policies, addressing health issues in broader context.

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Sardegna "un'isola al centro del Mediterraneo". Valore della insularità e sue tradizioni politiche-giuridiche

Author(s): Vanni Piras / Language(s): Italian Publication Year: 0

Among the factors on which the uniqueness of Sardinia history depends ,island character and central position in the Mediterranean seem particularly significant. It is on the island of Sardinia, "in the center of the Mediterranean". Realized historical synthesis of geographical, political and legal special features. Historical events show that the Island of Sardinia it was never an isolated entity in the context of Mediterranean civilization. Against the insular character as almost a "general place" in the sense of disparaging the island as a periphery in relation to the continents,the insular character proved to be a value, a great value indeed for Sardinia, a central island in the Mediterranean, a sea that is only half exceptional to itself (as evidenced, in fact, by its name), located "in the middle of countries", that is, in the middle of three continents: Asia, Africa and Europe. We can say that in the history of Sardinia the physical-environmental components of its island position, rather than as an obstacle with contacts with other territories and peoples, can be seen as a predetermining condition for the way these contacts were assimilated/absorbed to the extent they were compatible, or rejected if they were opposite and in conflict with already existing social and legal structures.

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