Odgovornost za zakašnjenje u prijevozu robe u sadašnjoj pomorskoj praksi i prema Rotterdamskim pravilima

Author(s): Vesna Polić Foglar / Language(s): Croatian Issue: 166/2012

Although time is an increasingly important factor in the international maritime transport of goods, the responsibility for the delay in this transport mode has not been regulated in an appropriate manner. Despite some opposing views, the Hague and the Hague-Visby Rules do not apply to the liability of the carrier for delay. National laws and clauses in the bills of lading vary considerably in this respect. The situation will be much clearer when the Rotterdam Rules come into force as they provide for an appropriate regulation of this matter. Under these Rules, the delay in delivery can occur only when the time for delivery has been agreed. That agreement, however, does not have to be explicit. The carrier’s liability is based on presumed fault. In certain cases it can be relieved of this liability. There are some similarities in the way in which the Croatian Maritime Code and the Rotterdam Rules deal with the delay questions, but there are also some important differences, for example in the limitation of liability. According to the Rules, the liability for delay is limited to two and one half times the freight payable on the goods delayed. The Code on the other hand provides for the same limitations of liability for delay as for the liability for damage to or the loss of the goods, i.e. 666.67 Special Drawing Rights per unit or package or 2 Special Drawing Rights per kilogram of delayed cargo. The responsibility for the delay is always dispositive and the contracting parties are free to exclude it or to make it heavier. When the Rotterdam Rules enter into force it will not be necessary to introduce any changes to the Maritime Code in respect of the liability for delay.

Pogibelji na moru : [prikaz presude]

Author(s): Dino Pinjo / Language(s): Croatian Issue: 155/2001

''Excepted perils of the sea'' case include such events that are not completely unpredictable and unreachable. Similarly, predictability of the perils in itself does not prevent the carrier from releasing the liability on the basis of an excepted ''perils of the sea'' case.

On the competences of the shipmaster of the Polish seagoing vessel in terms of the prevention of fatal accidents of seafarers on board and the actions taken in the case of death

Author(s): Maciej Kijowski / Language(s): English Issue: 1/2019

The subject of the article is a legal analysis of the actions taken by the master of a Polish seagoingship in terms of preventing fatal accidents among the crew members, as well as in thecase of a death on board. This analysis was based on, among others, the Maritime Code andthe act on maritime labour, which provide the basis for considerations of the complicatedlegal status and practice of the shipmaster, especially in an emergency.Numerous laws and other legal acts authorise and oblige the shipmaster to make efforts forthe benefit of crew members. Protecting the life and health of seafarers is one of the mostimportant goals for the master of each ship.Regardless, the shipmaster has many other responsibilities, among which the author emphasisesthose related to a death on board, including the notification of the consul or registryoffice about it; in specific cases, arranging a burial at sea of a person who died on board; oracting as a witness for preparing a special testament.

Opće ograničenje odgovornosti brodara : prešutnim prihvatom povišeni iznoai ograničenja i njihova primjena u Republici Hrvatskoj

Author(s): Dorotea Ćorić / Language(s): Croatian Issue: 174/2020

The paper gives a brief overview of the amendments to the IMO Conventions through the tacit acceptance procedure. The reason for writing this paper was the ruling of the Commercial Court in Split pertaining to the establishment of the limitation of the liability fund. The operator of the m/s “STI POPLAR“ (port of registry, flag and nationality of the Marshall Islands) sought to limit its liability for damage to port property (installation) caused by STI POPLAR at the Port of Ploče on 5 August 2018. The question arose as to what limits of liability, under Croatian law, should be applied in this case – whether the amounts prescribed by a national act or those prescribed by a relevant unification instrument which is binding for the Republic of Croatia. The operator argued that the limitation fund should be calculated according to the limits set out in Art. 391, para. 1(2) of the Croatian Maritime Code (the amounts correspond to those in the 1996 Protocol to the Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC). The creditors disagreed and argued that the limitation fund should be set up according to the limits under the 1996 Protocol as increased by the tacit acceptance procedure, taking into account that both the Marshall Islands and the Republic of Croatia are parties to the Protocol. The limits of liability under the 1996 Protocol as increased by the Protocol’s tacit acceptance procedure were recently raised by about 50%. The new limits, accepted under the tacit acceptance procedure, were adopted by the IMO Resolution of 2012 effective from 8 June 2015 and applied automatically in the States parties to the 1996 LLMC Protocol. Taking into account that this is a dispute with an international element, the court accepted the allegations of the creditors and approved the establishment of the limitation fund according to the new limits that came into force in June 2015 through the Protocol’s tacit amendments procedure.

Prolazak tjesnacima na primjeru rusko-ukrajinskih odnosa u Azovskom moru

Author(s): Boren Petrinec,Leon Žganec Brajša / Language(s): Croatian Issue: 174/2020

The 1982 United Nations Convention on the Law of the Sea was, inter alia, an attempt to create an integral system of rules governing passage through straits. Nevertheless, straits that are entryways into pluri-state bays remain a controversial issue. An interesting example of this situation is the Kerch Strait leading into the Sea of Azov. These areas received more attention from the international community after 25 November 2018, when three Ukrainian vessels were prevented from passing through the Kerch Strait by the authorities of the Russian Federation. The Sea of Azov is wide enough to accommodate maritime areas in which freedom of navigation exists. However, in 2003 its coastal states, the Russian Federation and Ukraine, concluded the Agreement on Cooperation on the Use of the Sea of Azov and the Kerch Strait. In this Agreement, the coastal states proclaimed that the Sea of Azov and the Kerch Strait form part of their internal waters, citing historical reasons for doing so. Regulation concerning navigation rights contained in the Agreement is stricter than the rules governing transit passage, which would be applicable as general law. This paper addresses the question of the admissibility of applying the 2003 Agreement to its target maritime areas. Some aspects of the rights and duties of ships in passage according to the regimes of both the 2003 Agreement and transit passage contained in the 1982 Law of the Sea Convention are also considered. The reason for this examination is that both the Russian Federation and Ukraine claim that the other side failed to comply with its duties. Finally, conclusions are drawn as to which regime seems to be applicable.

Liability for the wrongful arrest of ships : Where we stand

Author(s): Giorgio Berlingieri / Language(s): English Issue: 174/2020

The question whether uniform rules on liability for the wrongful arrest of ships should be established has been debated since the origins of the unification of the law on the arrest of ships. In fact, conflicting views immediately emerged, and have continued to be expressed. This has not led to full regulation of the matter in an international convention. Recently, the question has been taken up again by the Comité Maritime International. A Working Group was formed, whose works are summarised together with what has been discussed from the outset, and a possible way ahead is suggested.

The prevention principle and the extension of time clauses in English law shipbuilding contracts

Author(s): Zoran Tasić / Language(s): English Issue: 174/2020

This paper deals with a well-established English law principle known as the “prevention principle“ in the context of shipbuilding contracts. Under the principle, no party to a contract should benefit from its own failure to perform. In the context of shipbuilding contracts, this principle should give protection to a shipyard in the event of delays in delivery of the vessel that are caused by the buyer, and no liquidated damages should be payable by the shipyard, and the contractual delivery date should be replaced by a time reasonably required to complete the vessel. In other words, where the buyer’s default (such as delay in the buyer’s supplies, interfering with agreed modifications, failure to promptly provide and approve the vessel’s design and drawings, late payments of the contract price, etc.) affect the build schedule which results in a delay in construction and in the delivery of the vessel. Such actions by the buyer might represent an act of prevention. In consequence, the delivery date set out in the shipbuilding contract should not be further binding on the builder and the contractual time for delivery of the vessel should become time at large.On the other hand, it is equally common that most shipbuilding contracts contain extension of time clauses granting shipyards an extension of the delivery period in certain events. However, pursuant to a number of English court cases, the prevention principle does not apply where the shipbuilding contract contains extension of time clauses governing permissible delays, and the liquidated damages shall still be payable, subject to extension of time clauses.This paper deals with a difficult question: if the shipyard fails (or is time barred) to claim the application of the extension of time clauses for delays caused by the buyer’s default(s), does the prevention principle still apply?

Primopredaja broda u gradnji u stranoj luci

Author(s): Amra Pende / Language(s): Croatian Issue: 174/2020

This paper outlines a precedent from the Croatian shipbuilding industry, i.e. the delivery and acceptance of two vessels under construction in the port of Turkmenbashi in Turkmenistan, the passage of the vessels through the Volga-Baltic Waterway, the processes of obtaining permission for the passage from the ministries of the Russian Federation, specific legal documentation issued for the vessels under construction for a one-way non-commercial voyage to the port of delivery, delivery and acceptance, and the transfer of ownership and obligations to the shipowner. The paper also considers the amendment to Article 99 of the Maritime Code as a consequence of this marine adventure.

Gliser je u odnosu na ronioca opasna stvar : [prikaz presude]

Author(s): Vesna Skorupan Wolff / Language(s): Croatian Issue: 174/2020

A motorboat moving in a prohibited manner, i.e. navigating at a distance of less than 300 metres from the coast, shall be regarded as a dangerous thing in regard to a diver in the sea and shall be liable regardless of its fault.

Ovlaštenja inspektora sigurnosti plovidbe : [prikaz presude]

Author(s): Vesna Skorupan Wolff / Language(s): Croatian Issue: 174/2020

Inspection of the implementation of regulations pertaining to navigational safety shall be conducted by navigational safety inspectors from the Ministry of the Sea, Transport and Infrastructure of the Republic of Croatia and port authorities. Inspectoral duties pertaining to the inspection of the implementation of provisions concerning navigational safety include inspection of the construction of facilities in the territorial sea and internal waters or on their shores with regard to their impact on navigational safety.

Nepostojanje uvjeta za siguran rad pomorca - teret dokazivanja : [prikaz presude]

Author(s): Vesna Skorupan Wolff / Language(s): Croatian Issue: 174/2020

The shipowner shall be liable for any damage caused by the physical injury or death of a crew member or due to the health impairment that the crew member suffered at work or in connection with work on board due to the absence of conditions for safe work unless the shipowner provides evidence that the crew member caused damage intentionally or due to gross negligence.

Privremena mjera zaustavljanja broda radi osiguranja novčane tražbine brodogradilišta iz ugovora o gradnji broda : [prikaz presude]

Author(s): Zoran Tasić / Language(s): Croatian Issue: 174/2020

The plaintiff / shipyard terminated a shipbuilding contract due to the buyer’s / defendant’s repudiatory breach which the shipyard accepted and brought the contract to an end in May 2015. Since the contract was governed by English law and disputes thereunder were to be referred to LMAA arbitration, the shipyard commenced arbitration in London against the buyer, claiming, inter alia, damages. The arbitral tribunal made its decision in June 2016 in favour of the shipyard and ordered the buyer, inter alia, to compensate the shipyard for damages in an amount which was to be decided at a separate hearing, unless the parties settled in the meantime. The shipyard’s attempts to settle the claim were without success. The buyer is also the owner of a cruise vessel under the flag of St Vincent and the Grenadines. The vessel arrived in the port of Bergen, Norway, in June 2019. Since the shipyard did not have any security for its maritime claim it made an application to the Bergen District Court (Bergen Tingrett) to arrest the cruise vessel whilst in the port of Bergen as security for the shipyard’s claim.The court arrested the vessel.

Pomorsko pravo : Uporednopravna studija (autori: Ivošević; Pejović) (Beograd : Pravni fakultet Union ; Službeni glasnik, 2019) : [prikaz knjige]

Author(s): Jasenko Marin / Language(s): Croatian Issue: 174/2020

Pomorsko pravo (Uporednopravna studija) / Maritime Law (Comparative Legal Study) is a comprehensive textbook of maritime law. In addition, it offers a comparative legal analysis of national maritime legislation in Slovenia, Croatia, Montenegro and Serbia and considers differences between national maritime legislation in Anglo-American and European countries.In the introductory part, the authors define the concept and subject of maritime law by comparing it with other branches of law and other scientific fields that deal with certain aspects of shipping. This section also contains a historical and legal overview of the development of maritime law at the international and EU level as well as at the national levels of selected countries.The first part of the book (“Ship and Shipping“) concerns maritime administrative law (the notion of the ship, ship registers, the safety of shipping) and maritime property law (ownership of the ship, ship mortgage, maritime liens, ship arrest, execution of maritime claims).The second part (“Contracts, Transport Documents and Contractual Liability“) covers the conclusion and performance of various shipping contracts (types of contracts in maritime transport, contracts for the carriage of goods by sea, time charter, voyage charter, liability of the carrier for the goods, bill of lading and other documents, charter by demise, bareboat charter, contracts for the carriage of passengers and their luggage by sea, liability of the carrier for the passengers and their luggage, tug and towing contracts, the maritime agency contract). At the end of this part, the authorsexamine the role of the contract for the carriage of goods by sea in the performance of the international sale of goods.The third part (“Shipping Accidents, Extra-contractual Liability, System of General Limitation of Shipowner“s Liability“) mainly discusses “wet shipping“ (general average, collision, salvage, liability for the marine environment), with a specific chapter devoted to international and domestic laws regulating the limitation of the shipowner's liability.The fourth (final) part (“Marine Insurance“) deals with all aspects of this very important area of maritime law (including the notion and essentials of the marine insurance contract, insurance policy and other documents of insurance, the rights and obligations of contracting parties, cargo insurance, hull insurance, liability insurance, the role of P&I Clubs).The book is written clearly and systematically. It can serve as a high-quality university textbook and will be useful to all lawyers dealing with maritime law. This book will certainly provide the reader with a comprehensive set of information on international maritime legislation and on national legislation in selected countries.

Тройната функция на коносамента

Author(s): Arnold Ferreira / Language(s): Bulgarian Issue: 1/2013

Aspekty prawno-organizacyjne funkcjonowania odpowiednika Naczelnego Dowódcy w systemie kierowania bezpieczeństwem narodowym Republiki Federalnej Niemiec

Author(s): Malwina Ewa KOŁODZIEJCZAK / Language(s): English,Polish Issue: 02/2020

The article presents the conditions and regulations regarding the functioning of the equivalent of the Commander-in-Chief in Germany in the context of the national security management system. The purpose of the article is to characterize the conditions resulting from legal acts, strategic documents and practice (custom) in force in Germany as regards the functioning of the equivalent of the Commander-in-Chief. The main problem is included in the question: What are the legal and organizational conditions for the functioning of the equivalent of the Commander-in-Chief in Germany? It seems that the experience and legal bases in force in the Federal Republic of Germany clearly indicate the tasks and competences, as well as the organizational subordination of the equivalent of the Commander-in-Chief of the Armed Forces.

Второто знаме

Author(s): Petar Kandilarov / Language(s): Bulgarian Issue: 3/2010

The article presents the experience of France and ten more states in their fighting the “convenient flags”. It has been observed that national flags are not attractive and the merchant marines of Europe are decreasing every year to the benefit of countries of convenient flags. The reasons for this are discussed in the text, as well as the countermeasures undertaken by some states for the establishment of their own convenient flags, or second flags, through the use of ex-colonies or territories with a special status. The article reviews the experience of certain states with “two flags” and two taxation regimes. The requirements of the second registers towards vessels and crew, and the respective tax reliefs are analyzed. The article outlines the knowledge of the regulations of maritime law as a prerequisite for the elaboration of Bulgaria’s maritime strategy, and for the adoption of necessary amendments to the legislation.

Ochrona wód morskich Morza Bałtyckiego a zrównoważony rozwój

Author(s): Adrianna Ogonowska / Language(s): Polish Issue: 2/2020

The concept of sustainable development is based on the assumption of a compromise between economic development and maintaining the environment in the best condition. It is implemented by various legal acts and planning documents, including those that relate to the protection of the marine environment. The purpose of these considerations is to present and make an assessment of the relationship between the sustainable development and the protection of the marine environment of the Baltic Sea. The analysis concerns references appearing in Polish law in the context of references appearing in the international law and the EU law.

RELIGIOUS VIEWS AND THEIR INFLUENCE ON CLEAN WATER LAWS

Author(s): Ingrid Ileana Nicolau / Language(s): English Issue: 1/2021

Religious beliefs and documents have endorsed over the years the idea of morality towardsthe environment. These religious beliefs have never been part of the environment legislation.Should we understand, accept and publicly discuss the manner through which religious valuescould become part of decisions regarding the environment it is possible that those rules to benefitfrom extensive public support, thus providing a more efficient environment protection.This article will analyze the main religions of the world in order to discover how religiousbeliefs regarding the human/environment interaction influence environment laws.

Smetanje posjeda jahte na vezu : [prikaz presude]

Author(s): Vesna Skorupan Wolff / Language(s): Croatian Issue: 175/2021

The plaintiff is the user of a berth, the owner and last peaceable possessor of the yacht. The defendant is the marina operator providing berth for the yacht. The court found that the defendant disturbed the plaintiff’s last peaceable possession of the yacht by lifting the yacht from the sea berth without the plaintiff’s consent and by placing it in a dry berth, removing the starboard propeller from the yacht and preventing the plaintiff from using the yacht and from keeping it in possession in the manner he had done so until the yacht was removed to a dry berth. In the opinion of the court, the fact that the defendant moved the yacht to a dry berth due to the plaintiff’s non-payment of berth fees does not stop such an action from being unlawful. The defendant had the right to initiate court proceedings against the plaintiff rather than unilaterally changing possession. Arbitrary possession is prohibited by Article 20, paragraph 1 of the Act on Ownership and Other Real Rights.

Ugovor o kupoprodaji brodice - valjanost ugovora : [prikaz presude]

Author(s): Vesna Skorupan Wolff / Language(s): Croatian Issue: 175/2021

A boat sales receipt produces the legal effects of a valid sales contract. The receipt is a document proving the ownership of a boat on the basis of which an entry is made in the register of boats.