We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
![Agencijski posao - prikriveni : [prikaz presude]](/api/image/getissuecoverimage?id=picture_2013_44278.jpg)
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.
More...
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.
More...
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.
More...
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.
More...
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.
More...
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.
More...
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.
More...
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.
More...
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.
More...
Review of: D. Bolanča, Prometno pravo Republike Hrvatske: Split : Pravni fakultet, 2016
More...
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.
More...
Translation of the document (international law instrument)
More...
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.
More...
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.
More...
Review of: Nikoleta Radionov, Jasenko Marin, (ur.)EUROPSKO PROMETNO PRAVO Zagreb, 2011., 526 str.,Pravni fakultet Sveučilišta u Zagrebu
More...
Concession contract is a common legal act pursuant to which private undertakings are employed in European sea ports. Award of concession contracts is based on general legal principles of the Treaty of the Functioning of the European Union, such as transparency, equal treatment, free competition and non-discrimination. However, those contracts are presently subject to a limited number of European Union secondary-law provisions on public procurement. This situation has caused the occurrence of legal uncertainty for economic operators and barriers for their entrance into the concession market of the European Union. This gives rise to potentially serious distortions of the internal market of the European Union, such as direct awards of concessions without competition, with associated risks of national favouritism, fraud and corruption. This effectively means that EU citizens may not benefit from quality services at best prices. Therefore, on 20 December 2011, the European Commission brought a Proposal for a Directive on the award of concession contracts, which was sent to the European Parliament and the Council for adoption. The Proposal regulates the procedure for the award of concessions in the European Union and provides for an extension of the scope of application of Remedies Directives 89/665/EEC and 92/13/EEC in public procurement procedures on all kinds of concessions, including service concessions, for instance concessions for providing of port services.
More...
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.
More...
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.
More...
The article begins by giving an overview of the Chinese perspective and then goes onto analyze various elements of the 2001 UNESCO Convention. It then explores potential amendments that would be needed in the relevant Chinese domestic legislation. Basically, the authors present a review of existing international documentation and then they consider their domestic case.
More...