(Ne)odgovornost pomorskog prijevoznika za štete na teretu uslijed nautičke pogreške

Author(s): Ivana Oršulić / Language(s): Croatian / Issue: 162/2008

The paper deals with the nautical fault as a specific corrective of the sea carrier liability for damages on goods caused by the activities of the master, the crew and others of whom the sea carrier makes use in his activities. Beside the historical circumstances which caused the genesis and evolution of the nautical fault defence, the legal regulation is analyzed through the existing international conventions and with a special overview of difficulties in delimitation of carrier's liability. Contrasting opinions that appeared during the process of reassessment of the justifiability of nautical fault existence are presented, especially the ones that emerged during the work on the new international convention. Importance of a prompt conciliation of experts in this matter is emphasized, coveted not only because of the achievement of legal security, but also because of the harmonization of the carriage of goods by sea with other sectors of transport as well as the future undisturbed development of nautical navigation and trade.

Abeceda pomorskega prava in začasna zaustavitev ladje (autori: M. Pavliha, M. Grbec) (Ljubljana, Gyrus, 2002.) : [prikaz knjige]

Author(s): Jasenko Marin / Language(s): Croatian / Issue: 157/2003

Review of: Abeceda pomorskega prava in začasna zaustavitev ladje (autori: M. Pavliha, M. Grbec) (Ljubljana, Gyrus, 2002.)

ABOUT THE NAVAL STRATEGY

Author(s): Marius Hanganu / Language(s): English / Issue: 1/2010

The article presents few points of view on the place of the naval strategy within the naval military art, starting from the point that at all the levels of the general military art (component of the military science), there is, to a certain extent, a correspondence with the naval forces, as such a topic may be debated for the other military services. It is argued the need for a Romanian naval strategy which may refer to the elements of Romania’s maritime power, such as: military marine, merchant marine, harbours, the naval infrastructure, the international relations, etc. A state’s naval power may be larger or smaller and it refers to the way that state uses the sea.

Agencijski posao - prikriveni : [prikaz presude]

Author(s): Vesna Skorupan Wolff / Language(s): Croatian / Issue: 167/2013

The maritime agent undertakes, for and on behalf of the principal, to perform services. If the maritime agent does not expressly declare that he is acting in the capacity of a maritime agent, it shall be deemed, in respect of the person in good faith, that the maritime agent is acting in his own name.

Armed guards on vessels : insurance and liability

Author(s): Mišo Mudrić / Language(s): English / Issue: 165/2011

The Paper examines the insurance and liability issues resulting from the use of armed guards on board vessels. The study begins with an overview of the available data on key economic figures representing the projected overall annual costs of modern piracy. The focus is then shifted to the issue of public versus private security, where possible dangers of private-based security options are discussed in general. After explaining why the Somalia region deserves a closer attention when compared to other pirate-infested waters, a brief summary of the international effort to combat piracy threat is presented, followed by a structured overview of the use of private maritime security options in the maritime sector in general. One security option is the use of armed guards on board vessels. This option is explored both from the political (the acceptance by stakeholders) and legal standpoint (legal issues arising from the use of armed guards). An important remedy for the shipping companies/operators threatened by the piracy hazard is the existence of affordable and effective (specialized) marine insurance. A study of available piracy insurance policies is presented, followed by an analysis of case law and other legal issues arising from piracy attacks, which could prove important when considering the legal implications of armed guards employment. Finally, a simplified economic analysis of available security options is presented, followed by the final assessment of benefits derived from the use of armed guards.

Article 47(2) of the Rotterdam Rules: Solution of old problems or a new confusion?

Author(s): Časlav Pejović / Language(s): English / Issue: 167/2013

The Rotterdam Rules, adopted by UNCITRAL in 2008, address a number of issues that have not been regulated by previous international conventions, such as the delivery of goods and the right of control. The ambitious and innovative approach of the Rotterdam Rules has attracted much international debate. This article aims at contributing to this debate by discussing the provisions related to the delivery of goods. The main focus is on Article 47(2), one of the most controversial provisions of the Rules. The article analyses in detail this legislative provision, its rationale and possible impact on the law governing the carriage of goods and international sales law.

Aspects of Juridical Liability in the Maritime Arrangement

Author(s): Daniela Lameş / Language(s): English / Issue: 1/2019

The evolution of navigation has led to the establishment of international maritime laws through conventions concluded between states and their ratification at national level by the signatory states. The aspects of this research relate to the maritime approach, starting from the historical perspective, its definition in the legal doctrine, the application of the legislation in case of collision or approaching ships. Establishing the causes of the approach, which party is at fault or at non-compliance with the navigation rules, leads to the commission of criminal, contravention or administrative deeds. Competence in research into the occurrence of maritime approach events belongs to the authorities. These are specified in national legislation and international provisions with the task of ascertaining the facts, gathering evidence, taking the necessary measures. The solutions given by the courts are enforced on ships, goods, and crew and ship owners. We have identified the need for legal and normative regulations by unifying maritime rules into a Romanian Maritime Code.

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.

Atenska konvencija o prijevozu putnika i njihove prtljage morem 2002. godine

Author(s): Marija Pospišil Miler / Language(s): Croatian / Issue: 158/2004

A diplomatic conference held in London from 21 October to 1 November 2002 convened by International Maritime Organization (lMO) adopted a Protocol to amend the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974. The Convention, as revised by the Protocol, together with final clauses and the annex of the 2002 Protocol, shall constitute a new convention called the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 2002. The main reason to revise the 1974 Athens Convention was to strengthen the legal position and to provide better protection to sea passengers on international level by increase of carriers' liability for passenger personal injury and death claims, to require carriers to maintain compulsory insurance in respect of such liability and to allow direct action against insurers. Protocol, however, altered radically the 1974 Athens convention liability regime by introducing two tier liability system and adopting strict liability for death and personal injury claims caused by shipping incidents what in combination with increased limits of liability, compulsory insurance and direct action against insurers, establishes a new liability regime making questionable use of traditional P an I insurance arrangements as a means of compliance with adopted insurance requirements. The new Protocol, once in force, will have numerous legal and economical implications on shipping, ship's finance, insurance and even on tourism. It is, therefore, intention of this article to draw attention to some of the main differences introduced in the 2002 Protocol as against the 1974 Athens Convention, to some of legal and economical implications of the 2002 Protocol and to encourage further detailed analysis of all implications and possible consequences which will follow after entering of the 2002 Protocol in force as this inevitably will be of determinant importance in any consideration what is the interest of the Republic of Croatia, to ratify or not, the 2002 Protocol.

AUBD – Forum juridic

Frequency: irregular and other / Country: Romania

Since March 2020, AUBD – Legal Forum, the online section of the Annals of the Bucharest University – The Law Series Journal, has been launched, containing legal papers that are, usually, shorter than those published in the printed Journal. The forum offers to the professors, Master and PhD students of the Faculty of Law and to professors from other faculties the opportunity to discuss their ideas, opinions and proposals regarding issues that are current and interesting.

The articles that are published on the Legal forum are entirely open-access, online and free of charge.

Autonomne podvodne ronilice : Novi pojam hrvatskog pomorskog prava

Author(s): Nikoleta Radionov,Sadko Mandžuka / Language(s): Croatian / Issue: 161/2007

Croatia is witnessing a strong development of underwater robotic technology. Underwater vehicles, specifically autonomous underwater vehicles (AUV), play a significant role in protection and research of the Adriatic Sea, but can also be used in commercial or tourist purposes. However, legal issues concerning the underwater robotic technology, e.g. defining underwater vehicles within the existing Croatian legal system, are not dealt with in a satisfactory way. The article suggests, de lege ferenda, that underwater vehicles should be defined as underwater objects, which would form a separate category of maritime objects within the Croatian Maritime Code. In that case, a possible application of principles of Obligation Law, that would, in author’s opinion, prove to be too onerous and unjustified for both owners and operators, would be denied in cases of indemnity demands resulting from the usage of underwater vehicles. Furthermore, a registry system for underwater objects, such as the one for ships, boats and yachts, is advocated, thus enabling an improved legal protection of both owners of the underwater vehicles and potentially injured parties.

Bezpieczeństwo morskie państwa — Lekkie Nawodne Siły Uderzeniowe

Author(s): Michał Będźmirowski,Robert Kościelniak / 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.

Bezpieczeństwo obiektów morskiej infrastruktury krytycznej w aspekcie współczesnych zagrożeń

Author(s): Andrzej Bursztyński / Language(s): English / Issue: 1/2020

The article attempts to present maritime infrastructure facilities that may or should be included in critical infrastructure facilities. Due to their nature and importance for safety and economy, these facilities may be classified as national or European critical infrastructure facilities. The threats resulting from intentional criminal human activity, which may disrupt the functioning of port facilities, were also presented. The basic and also the most vulnerable facilities of maritime critical infrastructure are seaports. Their safety can be violated from three directions: land, air, and sea. At the same time, it is not possible to ensure the same level of security in all port and land areas. Therefore, port facilities were particularly vulnerable to threats. Ensuring the proper level of port facilities security requires undertaking a number of organizational and technical projects.

BLUE AMAZON: BRAZIL’S MARITIME VOCATION

Author(s): Vinicius Mariano De Carvalho / Language(s): English / Issue: 7/2019

This article discusses how the concept of the Blue Amazon, created by the Brazilian Navy, is a fundamental tool of strategic communications for establishing and consolidating Brazil as a seapower, hence contributing to the construction of a grand strategy narrative in which maritime power becomes vital to the country. The article explains how the concept was created and how it has been used in relation to the principles of maritime strategy and maritime power. Furthermore, this concept contributes to the strategic redefinition of the perception of Brazilian national identity, reincorporating an awareness of the sea as a key element.

Brussels and Klaipėda: The Domestic Impact of EU Maritime Law

Author(s): Stefan Kirchner / Language(s): English / Issue: 2 (18)/2018

Both directly and indirectly, EU law impacts domestic legal systems. This also applies to maritime affairs. Even though Lithuania’s political and economic focus is oriented more towards the major cities, Vilnius and Kaunas, maritime issues, ranging from fishing to transport, tourism to energy, are (or have the potential to become) important aspects of Lithuania’s economic and political life. In this text it will be shown how the work of the EU can influence domestic maritime law. This will be done by looking at the interaction of the EU and member states with global international treaties. Among the many types of international treaties concerning maritime affairs, liability conventions are often overlooked by academia but are of significant importance for businesses operating in the maritime sector as well as for the safety of those who interact with maritime actors, such as coastal populations or passengers on cruise vessels or ferries. Using the example of the EU’s implementation of the Athens Convention, which regulates the liability for damages suffered by passengers on ships, this text aims at showing some of the potentials, but also complications, which can be created by the EU’s entry into a legal field which had already been regulated through international treaties for decades before the creation of the EU.

Carriage of Goods by Sea as a Special Form of Locatio-Conductio Operis Faciendi in Roman Law 

Author(s): Marija Ignjatović / Language(s): English / Issue: 2/2018

Carriage of goods by sea, as a special form of locatio-conductio operis faciendi contract, was particularly interesting in Roman law in the social circumstances related to the period after the Punic wars. It was the period of expasion of the Roman state, characterized by the development of maritime trade, which called for rapid and effective conclusion of contracts in legal affairs. Considering the growth of maritime trade, there was a need to introduce relevant legal instruments which would help meet the increasingly demanding trade of goods. This led to the creation of contract of carriage of goods by sea which was, in Roman law, a specific form of locatio-conductio, specifically locatioconductio operis faciendi. In order to conclude and ensure the validity of this contract, in addition to the agreement between the contracting parties, it was also necessary to fulfill the conditions regarding the subject matter of the contract. The subject matter of this contract was not work itself or workforce, but the final result of work (opus), i.e. to transport goods from one place to another, and a fee (merces) paid for such services.

Carriage of passengers in Croatia - National legislation and EU law

Author(s): Dragan Bolanča,Petra Amižić Jelovčić / Language(s): English / Issue: 162/2008

In the Republic of Croatia the carriage of passengers and luggage by sea is regulated by articles 598-633 of the Croatian Maritime Code (hereafter CMC). In this part Croatia adopted the solutions of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 (PAL, 1974), the London Protocol of 1976 (PAL Prot 1976) and the London Protocol of 1990 (PAL Prot, 1990). The liability of the carrier is based on proved or presumed fault. His liability for the death of or personal injury to a passenger is limited in all cases to 175,000 Special Drawing Rights (hereafter SDRs) per passenger and per carriage. Also the CMC adopts the Convention on Limitation of Liability for Maritime Claims, 1976 /LLMC, 1976) and the Protocol of 1996 (LLMC Prot, 1976). According to these acts, in respect of claims arising on any distinct occasion for loss of life or personal injury to passengers of a ship, liability of the carrier is limited to 175,000 SDRs multiplied by the number of passengers which the ship is authorized to carry according to the ship's certificate. The Protocol of 2002 (PAL Prot, 2002) establishes a new liability regime by introducing two tier liability system and adopting strict liability for death and personal injury claims caused by shipping incidents. It requires compulsory insurance in respect of such liability and allows direct action against insurers. The PAL Protocol (2002) will be ratified by the EU as soon as the main obstacles for its implementation are solved. Since the aim of the RH is to become a member of the EU it is assumed that our country will become a Member State of the PAL Protocol (2002) as well. Before that happens we have to predict legal and economical implications of acceptance of the new convention.

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

Author(s): Časlav Pejović / 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

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.