Bezpieczeństwo morskie państwa — Lekkie Nawodne Siły Uderzeniowe

Author(s): Michal Bedzmirowski,Robert Koscielniak / Language(s): Polish / Issue: 5.2/2017

Maintaining national security, also called state security is one of the basic functions of each country, covering the issues of opposition make every external and internal threat to its existence and development. An analysis of the specific influences on the watercraft is likely to indicate that the area of the opponent’s actions will be the coastal zone (littoral zone). The correctness of this statement confirms the technical capabilities of the forces and means at its disposal. This is because they are forces with little autonomy and maritime prowess. Their primary and most important asset to be in particular is high mobility and speed of movement. In the above situation, the safety guarantees of the subject of international law at sea can only be provided by ships. Major representatives of the classes of ships that would be capable of responding to such potential threats are, inter alia, the Fast Patrol Boat. Due to their tactical and technical properties, they can safely manoeuvre in coastal areas in the ready to rapidly change their position relative to the localized opponent. The article presents the issues of political and legal aspects of the prevention of threats to the sea and to the possibilities and limits of fast patrol boats in the fight against threats from the sea direction.

Clean bill of lading in contract of carriage and documentary credit : When clean may not be clean

Author(s): Caslav Pejovic / Language(s): English / Issue: 170/2016

X is a small producer of plastic products from China. Searching on internet for suppliers of plastic raw materials X found Y, a supplier based in the United States, offering these materials at a very favourable price. X and Y entered into sale contract under Cost, Insurance, and Freight (CIF) terms. Following CIF terms, payment was to be made by letter of credit. Y shipped the goods in a container and delivered for carriage within the agreed time. Carrier then inserted a ‘’said to contain’’ clause into the bill of lading, and the bank accepted such document. When X opened container it discovered that the goods were in such bad condition that they could not be used in the manufacturing process. X contacted Y, by email, and demanded delivery of substitute goods, which would conform to the contract. Y refused, claiming that the goods were delivered for carriage in good condition. Y could not be reached by telephone, and its address stated on its website was wrong. X had no redress against the Carrier, because the Carrier validly excluded its liability with a ‘’said to contain’’ clause. The Bank was also not liable, because this clause was acceptable under the letter of credit rules. X contacted a lawyer in the United States, and after receiving an estimate of attorney expenses, which would not be recoverable under the U.S. law, X decided to give up the case and bear the loss.

CMI between New York and Genoa

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

Concerning the issue on determining the objective evidences of the "sea pollution" crime

Author(s): Inna Berdnik / Language(s): English / Issue: 2/2018

The article is devoted to the analysis of problem issues of objective evidence of the crime "Marine pollution". The article deals with the study of international legal acts concerning the prohibition of pollution of the sea and their use in qualifying the crime provided for in Art. 243 of the Criminal Code of Ukraine.

Contracts used for the charter or lease of pleasure vessels in pleasure navigation : An Italian perspective

Author(s): Elena Orrù / Language(s): English / Issue: 172/2018

The Italian Navigation Code has transposed the practices developed at international level, in particular in international contracts for the ‘’locazione’’ and‘’noleggio’’ of ships, distinguishing between the ship lease, from the one side, and the charter, from the other. The latter, in particular, consists of voyage charter and time charter. However, the Italian discipline differs in several respects from the contract types developed at international level.As for pleasure vessels, a specific regime lacked until the Law of 11 February1971, No 50. The great development of this sector (which was previously considered limited to the use of pleasure vessels only for personal purposes), in particular of the entrepreneurial use of these vessels, furthered the draft and enactment, in2005, of the Pleasure Navigation Code (Law of 18 July 2005, No 171), providing for a more comprehensive regime, however still not covering all the issues and aspects of pleasure navigation.The Code provides for a special regime of the contracts for the lease and charter of pleasure vessels: this article provides a review of the regime of these contracts provided by the Italian Pleasure Navigation Code, with regard also to its relationship with the Navigation Code and the Civil Code. The Code’s provisions are also examined with reference to standard contracts developed at the international level.

D. Bolanča, Prometno pravo Republike Hrvatske

Author(s): Axel Luttenberger / Language(s): Croatian / Issue: 171/2017

Review of: D. Bolanča, Prometno pravo Republike Hrvatske: Split : Pravni fakultet, 2016

Dani otvorenih vrata Hrvatske akademije znanosti i umjetnosti (2017.) : Dvije izložbe Jadranskoga zavoda : [vijest, osvrt]

Author(s): Marula Vujasinovic / Language(s): Croatian / Issue: 171/2017

Open Days of the Croatian Academy of Sciences and Arts (May 2017) gave the public a chance to learn more about the Academy and its units. The library of the Adriatic Institute prepared an exhibition about Professor Branko Jakaša (1919 - 1997), in memory of his great contribution to Croatian maritime law, our Institute, and the journal Comparative Maritime Law. In the second exhibition – Originals in the Digital Collection of the Croatian Academy, the Adriatic Institute participated in the Digital Collection (http://dizbi.hazu.hr/) with its contribution entitled ‘’Professor Emeritus Vladimir-Đuro Degan – Collection of Books and Articles’’. The author’s opus was presented with several texts, photos and a brief CV.

Dodatni protokol Konvenciji o ugovoru za međunarodni prijevoz robe cestom (CMR) o elektroničkom teretnom listu : [prijevod uz engleski izvornik]

Author(s): / Language(s): English,Croatian / Issue: 170/2016

Translation of the document (international law instrument)

Elementi koji diferenciraju ugovor o spašavanju od ugovora o tegljenju : [prikaz presude]

Author(s): Vesna Skorupan Wolff / Language(s): Croatian / Issue: 170/2016

The ship had a halt of the power engine; consequently, the wind and the current push edit towards the shore, so that it required the service of towage. The dispute between the parties arose in relation to whether the concrete case regarded the contract on towage or the contract on salvage. In this concrete case, the matter was not of commercial towage, but rather of salvage.

Europski pravni okvir odgovornosti brodovlasnika za sigurno i ekološki prihvatljivo recikliranje brodova

Author(s): Željka Primorac / Language(s): Croatian / Issue: 169/2015

The author of this paper points to the legal principles of safe and environmentally sound recycling of ships with regard to the solutions of European legal origins. Presenting the modalities of systematic efforts to protect human health and the marine environment from negative effects of recycling old ships on the beaches of third countries, the International Convention for the Safe and Environmentally Sound Recycling of Ships – Hong Kong (2009) exercised a direct impact on the EU efforts to achieve a unilateral approach to a safer and environmentally friendly recycling of ships flying the flag of a Member State. Therefore, the emphasis was placed on the legal analysis of Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling in relation to the requirements for ships of the Member States, and in relation to specific solutions regarding the requirements for ships flying the flag of a third country when calling at a port or anchorage of a Member State. Discussing the effects of the high standards of ship recycling to an increase in the operating costs, the author concludes that the increase in environmentally friendly standards of the safety of navigation and the safety of environment will unquestionably require a fast and an efficient adjustment of the shipowners to new legal standards and operating costs. Analyzing ecological and economic perspectives on the impact and effects of the ship recycling industry on the shipping market, the author points out that unilateral approach at the European level– Regulation (EU) No 1257/2013 – is compulsory and entirely directly applicable in the Member States of the EU; this, considering the international nature of the problem of safe and environmentally friendly ship recycling, requires achieving international uniformity.

Financiranje projekata na pomorskom dobru

Author(s): Zoran Tasic / 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.

Fraudulent transport documents under the UCP : Controversies and possible solutions

Author(s): Caslav Pejovic / Language(s): English / Issue: 171/2017

There is an issue that has been neglected by all leading texts on the documentary credits: deficiencies in the Uniform Customs and Practices on Documentary Credits (UCP) provisions regarding transport documents. This text will attempt to demonstrate that the UCP600 definition of ‘’clean’’ bill of lading and the effect given to the ‘’said to contain’’ type of clauses involve two controversies: they contravene the corresponding provisions of the legal regime governing carriage of goods by sea and they may also contribute to documentary fraud. The primary objective of this paper is to highlight the potential problems that may arise from the UCP in light of the risk of documentary fraud arising from those discrepancies and will propose solutions of those problems. The paper will conclude by taking a stance regarding the need to regulate fraud in the next revision of the UCP.

Granice podmorskih prostora jadranskih država

Author(s): Marina Vokic Žužul,Valerija Filipovic / Language(s): Croatian / Issue: 169/2015

This paper analyses all the established boundaries of submarine areas in the Adriatic, as well as those that are yet to be defined, especially in the context of the recent exploring and exploiting of its natural resources. In addition to Croatia and Italy that share the largest proportion of the seabed and subsoil in the Adriatic, Montenegro and Albania are also entitled to their own continental shelves. Two Adriatic states with the shortest coastlines – Slovenia and Bosnia and Herzegovina are geographically disadvantaged states, and cannot have their own continental shelves as a natural prolongation of their land territory. Therefore, the submarine areas of those countries terminate on the outer limit of their territorial sea. Aside from the consideration of these boundaries and continental shelf boundaries established by the agreements between the Adriatic states, the authors also critically examine Slovenia’s unilateral acts on the proclamation of the continental shelf of 2005, which have no basis in the international law. This paper focuses on the consideration of the existing continental shelf boundary that divides the submarine areas between Croatia and Italy, as the future boundary of their superjacent waters. In accordance with the United Nations Convention on the Law of the Sea, this boundary line should become a single maritime boundary of their continental shelves and exclusive economic zones (that is, the ecological protection zone of Italy and the ecological and fisheries protection zone of the Republic of Croatia). Such a single all-purpose boundary is in the best interest of legal certainty in all uses of the sea. In the recent decades, it has completely replaced various delimitation lines for several maritime zones in the same maritime area, in the practice of international courts and tribunals. With respect to the results of the recently conducted explorations of potential oil and gas fields in the southern Adriatic, the paper also draws attention to the necessity of drawing the line of the lateral boundary of the continental shelf between Croatia and Montenegro, as soon as possible. The authors analyze the possible directions of the new boundary, taking into account that the temporary line, determined by the Protocol between the Government of the Republic of Croatia and the Federal Government of the Federal Republic of Yugoslavia on temporary border regime along the southern border between the two states in 2002, deviates significantly from the equidistance line.

International Legal Status of an Unmanned Marine System

Author(s): Pawel Mielniczek,Kasjan Wyligala / Language(s): English / Issue: 5.1/2017

In this paper, we try to answer, what is the legal status of an unmanned marine system under international law. First, we review various documents relevant to international law of the sea, in search for definition of a ship or other watercraft, broad enough to cover an unmanned marine system. Second, we try to find an answer on what international legal framework governs the navigation and certain activities of an UMS, as well as who bears international responsibility for any damage caused by it.

Javni prijevoz u linijskom i povremenom obalnom pomorskom prometu – pravna vrela (podzakonski propisi)

Author(s): Nikola Mandic,Iva Parlov / Language(s): Croatian / Issue: 169/2015

The aim of this paper is to address subordinate legislation on public transport in liner shipping and occasional coastal maritime traffic in the Republic of Croatia. The matter at stake is primarily regulated by the Act on Transport in Liner Shipping and Occasional Coastal Maritime Traffic, 2006 and its amendments made in 2009, 2011 and 2013 (hereinafter referred to as: the Act). The latest amendment is particularly important, as it has been made as a consequence of implementing the acquis communautaire of the European Union. It imposes an obligation on the Government and the competent Ministry to pass subordinate legislation in order to have a complete set of rules for the effective application of the Act. The subordinate legislation is now complete and consists of the following acts: the Regulation on the conditions and evaluation of the criteria for the award of concession and contract on public services for public transport in liner shipping and coastal maritime traffic; the Rules that the ship and the ship-operator participating in public transport in liner shipping and coastal maritime traffic have to comply with; the Rules on the conditions and procedure for granting beneficial rights in public transport in liner shipping and coastal maritime traffic; the Decision on the amount of the discount on the regular prices for transport tickets with beneficial rights for the passengers and vehicles in public transport in liner shipping and coastal maritime traffic. The Authors elaborate on the main issues regulated by subordinate legislation and address its main disadvantages.

Komunikacja zwykła, pospieszna, przyśpieszona i ekspresowa na gruncie przepisów o uprawnieniach do ulgowych przejazdów środkami publicznego transportu zbiorowego

Author(s): Adrian Misiejko / Language(s): Polish / Issue: 4/2018

Ustawa o uprawnieniach do ulgowych przejazdów środkami publicznego transportu zbiorowego (Entitlement to Reduced Mass Public Transport Travels Act) does not define definitions that are key to determination scope of entitlement - komunikacja „zwykła”, „pospieszna”, „przyśpieszona” i „ekspresowa”.As a result, public administration and judicary are referring to the rozporządzenie Ministra Transportu, Budownictwa i Gospodarki Morskiej z dnia 10 kwietnia 2012 r. w sprawie rozkładów jazdy (Regulation of Minister of Transport, Construction and Maritime Economy of 10 April 2012 of Transport Timetables) which act regulates that phrases on its own ground. However, this executive act was issued on the basis of another (than ERMPTT Act) law – ustawa - Prawo przewozowe (Transport Law Act), and the delegation appointed in it does not envisage defining that phrases. This raises doubts as to the admissibility of the relevant application of the provisions of the Regulation to the interpretation of the ERMPTT Act.

Legal status of crew members on pleasure craft and vessels used in nautical tourism

Author(s): Giovanni Marchiafava / Language(s): English / Issue: 172/2018

The paper aims at examining the issues related to the legal status of crew members of pleasure craft and vessels used in nautical tourism from an Italian perspective. Firstly, the definition of crew and its composition on pleasure craft and vessels is examined. Additionally, the legal regime of crew members together with the crew on-board documentation, is discussed. Furthermore, the main similarities and dissimilarities of the crew regime according to the type of pleasure craft and vessel and their use, as well as, the on-board services, is dealt with. Finally, the issue related to the legal classification of ‘’guests’’, undertaking complementary on-board services of pleasure craft and vessels is considered.

Međunarodnopravni status izbjeglica na Sredozemnom moru

Author(s): Davorin Rudolf ml.,Anamaria Kovacevic / Language(s): Croatian / Issue: 171/2017

During the last few years Europe has seen the greatest migration of people since World War Two. Many refugees arrive by sea, across the Mediterranean Sea. This article analyses their legal status with respect to the maritime zones they find themselves in. An individual obtains the international legal status of refugee when the vessel leaves the territorial sea of the country of origin. On the other hand, territorial sea and internal sea waters of the receiving country are the only maritime areas of the territory, or rather of the sovereignty, of European countries. Therefore, appropriate rights and duties of the states are the most evident when a refugee is found in them. The territorial reach of the legal principle of non-refoulement, which entails that no refugee should be returned to any country where he or she is likely to be in danger, is dubious. Some member states of the European Union do not apply this principle on the high seas.

Nova tumačenja odredbi Uredbe 3577/92 o pomorskoj kabotaži

Author(s): Božena Bulum / Language(s): Croatian / Issue: 169/2015

Traditionally, the maritime cabotage market in the Member States of the European Union was previously reserved for domestic shipowners. This practice changed with Regulation 3577/92, applying the principle of freedom to provide services to maritime transport within the Member States (maritime cabotage). Since the entry into force of Regulation 3577/92,providers of maritime cabotage services established in any Member State of the European Union may provide these services in all territory of the Union. The European Commission has been supervising the application of Regulation 3577/92 and brought four reports on the application thereof. In the years 2003 and 2006, the Commission brought Communications on interpretation of Regulation 3577/92, which are very important because in them the Commission brings its interpretations of certain provisions of Regulation 3577/92, which have proved deficient and disputable in practice. The paper analyses the European Commission Communication on the interpretation of Regulation 3577/92 from April 2014, in which special accent was put on the interpretation of the provisions of Regulation 3577/92 regarding the procedure for awarding public service contracts, their duration and manning rules for ships providing maritime cabotage services. The Communication also provides an overview of transitional measures for the application of Regulation 3577/92 with respect to Croatia since its accession to the Union. Also, the European Court of Justice of the European Union brought several judgements, in which some provisions of Regulation 3577/92 were interpreted. These judgements will also be analyzed in this paper.

Obalna straža Republike Hrvatske : pravni okvir, mišljenja znanstvenika, praksa

Author(s): Vesna Baric Punda,Damir Juras,Irena Kardum / Language(s): Croatian / Issue: 171/2017

In this paper, the authors have presented a detailed analysis of legal regulations (and secondary legislation) defining the complex and demanding role of the Croatian Coast Guard in the protection and preservation of Croatian national interests at sea and those related to the sea, expert opinions and the views of scientists, as well as statistical data related to the tasks realized. The authors have pointed out the particular importance and role of the Coast Guard in the world today, and have highlighted the ever-growing need for permanent investment into the Coast Guard personnel and equipment.