(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.

A Short History of Maritime Trade

Author(s): Haldun Aydıngün / Language(s): English / Publication Year: 0

The history of ships goes so far back in time that, we don’t have any written text to prove, no folks tales to hint and no surviving remains of the first ships, but just bones, human bones; Australian archaeologist Michael Morwood found a number of humanoid bones in the island of Flores, part of the Indonesian Archipelago. Radiometric measurements gave a date of 840,000 BC.

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: 34/2010

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.

Adrian-Vasile Popa – Impactul operaționalizării Canalului Istanbul asupra Convenției de la Montreux. Perspective de creștere a profilului strategic al României în Regiunea Extinsă a Mării Negre

Author(s): Șerban Filip Cioculescu / Language(s): Romanian / Issue: 3-4/2020

Review of: Adrian-Vasile Popa – Impactul operaționalizării Canalului Istanbul asupra Convenției de la Montreux. Perspective de creștere a profilului strategic al României în Regiunea Extinsă a Mării Negre, Editura Top Form, Colecția Geostrategie, București, 2020, 224 pp.

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.

ALBANIA-GREECE SEA ISSUE THROUGH THE HISTORY FACTS AND THE FUTURE OF CONFLICT RESOLUTION

Author(s): Senada Reci,Luljeta Zefi / Language(s): English / Issue: 3/2021

The issue of the sea between Albania and Greece has been and continues to be an object of study for various authors. Research shows so far that many studies have tried to go slightly from the descriptive to the explanatory and analytical framework and have generally fallen into the ‘trap’ of subjective approaches creating the phenomenon of nationalism. That appears in different forms, damaging the spirit of friendship and cooperation between both countries. This paper analyzes relations between Albania and Greece and their evolution based on international acts until the decision of the Albanian Constitutional Court annulling the agreement between them on the issue of the sea as incompatible with the constitution in terms of absolute objectivity. The demands of the Greek state for extension with 12 miles under the magnifying glass of the interpretation of the norms of the international law of the sea, the principle of equality and equity are part of the insistence on gaining superiority in the sea area vis-à-vis Albania. All this leading to the dialogue for another treaty cooperation and friendship occupy a vital part of the facts, which constitute an ongoing open discussion about the future of the sea issue on the Hague International Court.

Analele Științifice ale Universităţii Alexandru Ioan Cuza din Iași, seria Ştiinţe Juridice

Frequency: 2 issues / Country: Romania

Scientific Annals of Alexandru Ioan Cuza University of Iași, Juridical Sciences Series, is a publication with tradition in the field of legal sciences.

The Journal includes research work of teachers, visiting professors, researchers and PhD students from the Faculty of Law of Alexandru Ioan Cuza University of Iasi.

Annals of Alexandru Ioan Cuza, Juridical Sciences Series contain analysis of specific issues of law, subscribed to the four cardinal points of legal taxonomy - Public Law, Criminal Law and Criminal Sciences, Private Law, International and European law - dubbed the reviews and comments of jurisprudence.

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.

Application of regulation 1177/2010 in Croatia ‒ What more can be done for passengers with disabilities and passengers with reduced mobility?

Author(s): Petra Amižić Jelovčić,Dragan Bolanča / Language(s): English / Issue: 175/2021

Persons with disabilities and persons with reduced mobility face discrimination every day. Although great effort has been made during the last decade towards improving their position, there is still room for progress. The European Union (EU) adopted Regulation 392/2009 and Regulation 1177/2010 in order to enhance the protection and rights of passengers while in transport by sea. Regulation 392/2009 incorporates the relevant provisions of the 2002 Protocol to the Athens Convention relating to the Carriage of Passengers and Their Luggage by Sea 1974. It also contains some additional provisions aiming to obtain complete uniformity within the EU as well as to ensure suitable protection for passengers. Regulation 1177/2010, on the other hand, establishes rules for sea and inland waterway transport whose main goal is to achieve the non-discrimination of passengers with regard to transport conditions offered by carriers and non-discrimination and assistance for persons with disabilities and persons with reduced mobility. Bypassing these acts, the EU has provided comprehensive protection for passengers in carriage by sea, giving special consideration to persons with disabilities. The Republic of Croatia has harmonised Croatian legislation on the maritime carriage of passengers with Regulation 392/2009 by amending its Maritime Code in 2013, while solutions from Regulation 1177/2010 were incorporated in Croatian legislation through the Amendments to the Act on Transport in Liner and Occasional Coastal Shipping, also in 2013. At the end of 2019, new amendments to this Act were adopted, further improving the rights of persons with disabilities and persons with reduced mobility.

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.

Aspecte privind principiul celei mai bune-credințe în reglementarea Marine Insurance Act 1906

Author(s): Ioana-Roxana Oltean / Language(s): Romanian / Issue: 09/2020

The principle of utmost good faith has emerged as a solution in order to be able to cope with the rapidity of commercial relations, as well as the diversity of the object of the insurance policy. Thus, this principle is a sine qua non in maritime insurance. It allows insurance contracts to be concluded quickly and works on the basis of mutual trust between the contractual partners. Different from the principle of good faith, the principle of utmost good faith is specific to the matter of insurance, not being applicable to other categories of contracts enshrined in the Civil Code. However, it raises certain conduct and regulatory issues that will be discussed in this article.

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.