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ДЕЙНОСТ НА РИМСКАТА АДМИНИСТРАЦИЯ ПО ОТНОШЕНИЕ ГРАДСКАТА СРЕДА

Author(s): Carmen Salcedo / Language(s): English Issue: 1/2018

Without having ecological awareness and environmental protection, from the Roman law there is concern about the salubritas public of the living spaces. Salubritas and urbanism are concepts that are linked to this end and have served as a key category for the organization , policy analysis, case law and legal practice in relation to the organization of life in society. Study of the concept of urbanism in Roman law and the definition and legal nature of the limitations of property for reasons of public interest. Ruins of buildings and their environmental impact: they are the objective of this work that aims to summarize a global vision of the concern of the Roman jurists for the preservation of the urban environment, making their cities habitable places subject to a high level of development regulations. Likewise, it is outlined the analysis of the legal consequences of the damages produced by buildings in bad state of conservation, determining the legal nature of the responsibility in which the owners and their consequences incur in these cases.

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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.

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Tri aktualna međunarodnopravna pitanja jugoslavensko-austrijskih odnosa

Author(s): Budislav Vukas / Language(s): Croatian Issue: 04/1983

There are three current fields of Yugoslav-Austrian relations settled by international law: the status of national minorities, environmental protection and the exploitation and protection of the sea. A new dimension of the status of national minorities as reflected in international law is provided in the International Treaty on civil and political rights. In addition to the provisions guaranteeing the national minorities the rights to their own religious practice, the use of their language and their- national culture, the Treaty also establishes various forms of inspection over the realisation of these rights. Among the current environmental problems settled by international law, of especial importance is the consent of Austria to the conclusion of an international agreement on the protection of the waters of the Danube, which has not existed hitherto. As for the legal regulation of the exploitation and protection of the sea, a significant event is the ratification of the 1982 Convention on the Caw of the Seas, which elaborates the rights of Landlocked states in the exploitation of the sea and the sea-bed. Landlocked states are equal with coastal countries in the exploitation of the open seas, as well as within the international regime of the exploration and exploitation of the sea-bed outside national jurisdiction. In order to assert these rights, landlocked states are entitled to access to the sea and to free transit over the territory of transit states. However, they must bear part of the costs and burden of the protection and preservation of the sea and of its natural resources. All of this provides a good basis for a long-term co-operation between Yugoslavia and Austria also in these fields.

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SUBMARINE TAILING DISPOSAL SYSTEM: INDONESIA’S POLICY AND FUTURE CHALLENGES

Author(s): Erlies Septiana Nurbani / Language(s): English Issue: 03/2020

This research departs from Indonesia’s policy and practice on the submarine tailings disposal system, in which there is a legal vacuum in Indonesia legal system. However, Indonesia is part of UNCLOS 1982, which obliged to conform their rules with the regulation in the convention, especially on the protection of the marine environment. This research aims are to examine the current Indonesia’s policy and compare it with American and Canadian policies. To visualize the above objective, this research applies normative-empiric legal research, which emphasizes its analysis of primary and secondary legal materials. All collected legal materials are classified, categorized, analyzed and constructed as well as developed through analytical prescriptive elaboration. The utilization of the marine area as a medium of submarine tailing disposal system could be categorized as a land-based source of marine pollution. As one of the biggest archipelago states in the world, Indonesia should have a strict regulation on submarine tailings disposal to prevent the past failure of the system in Buyat Bay, North Sulawesi.

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LEX RHODIA DE IACTU AS THE BASIS OF ROMAN MARITIME LAW

Author(s): Marija Ignjatović / Language(s): English Issue: 2/2019

The flourishing of Roman maritime navigation and trade created the need for the existence of legal regulative in order to deal with certain situations which appeared paralleled to the development of navigation and maritime trade. Legal regulative which was created as an expression of the needs of real life was realistic in its essence, since it reflected the real life. Although Romans were known in legal science for their legal ingenuity, legal logic, formation, creation and interpretation of law in accordance with the needs of practice, it is unlikely that they were the first creators of legal rules of maritime law and maritime trade, since they were not known as a maritime nation in history, like Phoenician people, and later Hellenic people. The influence of Phoenicians, the most significant merchants in the ancient times, was prominent in Rhodes, since Rhodes had been their colony for a long time. Thus, it is not surprising that the first rules of maritime law (Lex Rhodia de iactu) were created on this island. Although it was thought for a long time that the Rhodian maritime code had never been found physically, the findings from 1995 showed that this code had existed, perhaps even in the written form. At this point, the prevailing attitude is that the Rhodian maritime code most probably represented a collection of rules of maritime customary law, which later served as a good starting point for the creation of legal rules of Roman maritime law. Staring from the basic rules established in Lex Rhodia de iactu, Romans were ready for the development of maritime trade and law and continued the further development of law through the creation of new institutes, primarily in the form of contracts about the transportation of goods by sea (locatio-conductiooperisfaciendi), as well as through the creation of new procedural means which determined liability of the giver of a service, and the protection of the interest of users of a service in a maritime venture (passengers). From Roman law, these rules were transferred into Byzantine law.

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КОМЕНТАРИ ПО ТИТУЛ XVI (DE LEGITIMA SUCCESSIONE) ОТ COLLATIO LEGUM MOSAICARUM ET ROMANORUM

Author(s): Francesco Lucrezi / Language(s): Bulgarian Issue: 1/2020

The essay is focused on the XVI titulus of the Collatio legum Mosaicarum et Romanarum, dedicated to the matter of the legacy without testament (de legitima successione) in biblical and Roman law. Regarding Hebrew law, the text of the book of Numbers (36:1–7) is taken in specific consideration, in the Latin translation included in the Collatio. In this passage is narrated the particular case of the Tselofchad’s daughters, who were allowed to inherit by their father. Also the verses of Deuteronomium (21:15–17) about the privilege of the first-born (bekhor), the dispositions of the Baba Bathra treaty of Mishnah and Babylonian Talmud and the expositions offered in the De vita Moysis of Philo Alexandrinus are studied. In the essay, these sources are compared with the legal responsa dedicated, in the title, to the roman system of successio ab intestato, and demonstrate the great differences between the Jewish and Roman rules of inheritance mortis causa. These factual data are in contrast with the unreal image of a similitude or analogy (never existed in the reality) between the two systems that is reported in the Lex Dei for an ideological purpose.

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Międzynarodowe uwarunkowania bezpieczeństwa morskiego Polski w okresie międzywojennym. Próba usystematyzowania

Author(s): Jerzy Będźmirowski / Language(s): Polish Issue: 2/2014

The end of the World War I, the peace treaties signed there and the creation of the League of Nations, were meant to ensure a peaceful co-existence of the international community. The very same allied powers, which during the peace conference in Paris, France, determined the creation and the shape of borders of both new and existing states, assumed the role of guarantors of such a co-existence. Executing the role they imposed on the perpetrators of that horrific war a number of limitations, mainly with respect to armaments. It is noteworthy that the allied powers barred Bolshevik Russia from talks which was tantamount to its exclusion from the political life on the European continent. As it turned out, that great body of politicians and policy-makers did not avoid mistakes which in diplomacy â just like in football, to use the famous adage â, could, and in fact did, come back to haunt them. The whole world, and Europe in particular, after twenty years full of political turmoil both at the state and regional levels, learned that whatever is covered by and signed in the multilateral or bilateral agreements entails responsibility. Unfortunately, Poland was among the countries that learned their responsibility the hard way, and paid a huge price for such tuition. The interwar years were a time when Poland was trying to find its place on the political and military map of the continent of Europe, knowing well that the only potential ally to back its maritime security up was either the United Kingdom or France. Sadly, the choice finally made proved somewhat unfortunate. At this point, the following question must be asked: If not them, then who? Even in hindsight, answering this question is not an easy task; it is enough to say that the political and military situation in the Baltic Sea region in the interwar period was extremely complex. The Polish Ministry of Foreign Affairs enjoyed little room for maneuvering in its search for allies. Someone once famously said that the allies should be first sought in one’s neighborhood, but the saying was unknown to the Polish decision-makers of the time. The effects of their actions proved disastrous for Poland as tested by the leaders of the neighboring states, that is Germany and the Soviet Union.

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THE MARITIME CODE IN ROMAN, BYZANTINE LAW AND THE LAW OF SLAVIC PEOPLE

Author(s): Marija Ignjatović,Aleksandar Đorđević / Language(s): English Issue: 2/2020

In the area of the maritime law in the period between the year 600 and 800, the law Nomos Rhodion nautikos was passed, the maritime law which during the following centuries was a part of the Byzantine legislation, through the assignations of the Basilica, more precisely as the eighth title of the LIII book. The maritime law Nomos Rhodion nautikos, was most likely passed during the reign of Lav III, on the passing from the VII to the VIII century, before the Basilica was passed. Even though the text of the law was based on the principles and rules of the Roman law, it represented an individual and original legislative work in which a number of digressions from Roman naval law took place, and which regulated this area of law in the way which met the needs of the society in the period when it was made. The Nomos Rhodion nautikos code contained forty-seven articles which regulate different issues from the area of the naval law. By the assignations of this law what was regulated is the following: the legal status of the ship crew, the contract on the transport of goods, the contract on the ship lease, the naval ship-lease deposit, the shipman’s accountability, damage, shipwreck, saving and helping at sea, paying the shipcrew and giving certain rewards to the saviours of the ship and the shipload in the course of accidents at sea, etc. The maritime law also contained the penalty regulations, which by its content corresponded the solutions from the Byzantine law of the VII and VIII century. The maritime law held a particular importance for the naval and legal regulations of the medieval towns, because under their influence the by-law regulations of the medieval naval towns of the Western Mediterrranean were created, into whose hands the naval trade was passed after 1204. The relation between the Byzantine law which represented the continuance of the Roman law and medieval towns in the region of the previous western part of the Roman Empire, could also be recognized in the area of the trading law, and particularly in the area of the maritime law.

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Geneza i podstawy prawne funkcjonowania polskich sądów morskich w Wielkiej Brytanii w latach 1941—1945

Author(s): Tomasz Szczygieł / Language(s): Polish Issue: 13/2020

The article presents the genesis and legal basis for the functioning of Polish maritime courts in Great Britain between 1941 and 1945. An important part of the study is dedicated to the circumstances surrounding the enactment of the Allied Powers Maritime Courts Act of 1941 and the impact of this regulation on Polish law. The article presents also changes to the criminal laws then in force, both procedural and substantive. Further on, the article describes the backstage of the appointment of the judges to the maritime courts as well as the efforts of Ministers Herman Libermann and Karol Popiel to provide them with a guarantee of judicial independence.

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НЯКОИ РАЗСЪЖДЕНИЯ ПО ТЕМАТА ЗА ДВОЙНАТА ПРОДАЖБА A NON DOMINO ВЪРХУ D. 19.1.31.2 И D. 6.2.9.4

Author(s): Salvatore Cristaldi / Language(s): Bulgarian Issue: 1/2021

The author examines two fragments of the Digest of Justinian – D. 19.1.31.2 by Neratius and D. 6.2.9.4 by Ulpian, where it is considered the problem regarding the individualization of one of two buyers who has to have legal protection with privilege compared to the other buyer, when the thing is bought by two different persons but from the same seller or by two sellers who are not owners. The author makes a research on the case with the sale by two sellers, because there are plenty of different opinions of the Roman jurists, which are explained not at the same way by Roman law scholars. The presented article is directed to the clarification of the terms and notions because of the essential heterogeneity of the opinions.

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LA MER ET LES FRUITS DE MER CHEZ MARCUS GAVIUS APICIUS – ASPECTS HISTORIQUES ET JURIDIQUES

Author(s): Piotr Sadowski / Language(s): French Issue: 2/2021

Marcus Gavius, alias Apicius, born around 25 BCE, the author of the culinary work De re coquinaria, before his death travelled to the coast of Africa in order to obtain large shellfish that were to surpass those he had known up to then. This expedition was recorded by the sophist Athenaeus of Naucratis (Athenaeus Naucratita) (2nd / 3rd century AD) in Deipnosophistae 1.7b. Disappointed, Apicius, however, did not find satisfactory culinary products. In the Book IX entitled: „Seafood“ „De re coquinaria“ of Apicius we find the recipes for the preparation of dishes based on various seafood, such as: spiny lobster, European lobster, eyed electric ray, squid, cuttlefish, octopus, oyster, all kinds of shellfish, sea hedgehog, clam, Atlantic bonito, tuna, bullhead, salted fish, catfish and sea barbel. And although it is not known exactly what was written byApicius himself in the treatise, and what was added by a later compiler at the turn of the 4th and 5th centuries AD, , there is no doubt that the sea and the seafood played a great role in the life of Apicius. Was the journey of the Roman writer and culinary expert at that time something extraordinary? What kind of shellfish was Apicius cocus optimus looking for? Which legal regulations had the greatest influence on the sea journeys of an ancient gourmet - these are the questions that the current paper seeks to answer.

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Supra-depreciere verde și leasing cu opțiune de cumpărare a navei: viziune practică

Author(s): Guy Toulin / Language(s): Romanian Issue: 01/2023

The „green over-depreciation” mechanism defined by article 39 decies C of the French Code Général des Impôts (CG/) is a tax incentive aimed at encouraging the maritime sector to move towards an ecological transition by investing in low-carbon vessels. Before addressing the tax mechanism theoretically (Il.) and its practical im-plementation in the context of leasing with a purchase option (Ill.), this article outlines the origin and reasons for this incentive (1.). The need for such a mechanism wil1 be explained in a world f acing the increasing consequences of climate change (IV.).

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Maritime Dynamics and Energy Security in the Eastern Mediterranean: Analyzing the Blue Homeland Doctrine

Author(s): Gökçe Çiçek Ceyhun / Language(s): English Issue: 2/2023

Energy resources constitute a fundamental necessity for the sustenance of nations, with their security being a critical facet of both national and economic stability. The Eastern Mediterranean, a pivotal route for the global transportation of energy resources, notably oil and natural gas, plays a significant role in this context. It is established that over half of the world's petroleum products are transported via maritime routes, underscoring the strategic importance of this region. The presence of contested zones involving the Turkish Republic of Northern Cyprus (TRNC), Turkey, the Greek Administration of Southern Cyprus (GASC), and Greece, however, raises concerns regarding the security of these maritime corridors. This study commences with an exposition of the concepts of energy and its associated security, followed by an analysis of the Eastern Mediterranean's strategic relevance and the role of the TRNC. Central to this discussion is the Blue Homeland doctrine, a foreign policy approach that prioritizes maritime security interests of the state. The doctrine is dissected to elucidate its implications for regional maritime dynamics. Data pertaining to cargo transportation within the Eastern Mediterranean is presented, highlighting the region's significance in terms of security. The study then pivots to an exploration of the Blue Homeland doctrine, examining its application and impact on the region. Notably, the study avoids first-person perspectives, adhering to a passive voice to maintain academic rigor.

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ILLICIT ACTIVITIES OF MARITIME PIRACY AND TERRORISM: THE COAST OF CAMEROON: BETWEEN THREAT, FIGHT AND OBSOLETE OF INTERNATIONAL CONVENTIONS

Author(s): Timothée TOMO NDJOBO / Language(s): English Issue: 2/2023

Piracy and maritime terrorism: the coast of Cameroon between threats, fight and obsolescence of international conventions. The influence of piracy and maritime terrorism on the stability of States, regional balances, the commercial and financial implications make of these illicit activities a permanent concern and always worthy of great interest for research. Located in the heart of the Gulf of Guinea, the Cameroonian coast combines large reserves in natural resources and a large population diverse in the port cities. These assets are proof of the intensity of the commercial activities fortified by the presence of the sea which covers 71% of the Earth's surface and remains for a space free of any illicit same initiative. Also, since the 1980s, appearing certainly contradictory, piracy and maritime terrorism are a well-known reality and a threat in the territorial waters in the coastal towns of Cameroon. At the base of these acts of violence, beyond a set of political and socio-economic motivations exogenous, the porosity of the maritime borders, the mediocrity of the regional order, the weakness of the strategy of the State to control its space appear to the rank of the fundamental disadvantages of securing of the Cameroonian coast. Aware of the amplification of these attacks that remain over the years a threat to sovereignty of States and the risks of their neglect, Cameroon undertakes permanently maritime affirmative actions by the establishment of security mechanisms. However, they remain generally unproductive without an international legal framework of conventions available today and not updated that illustrate the opportunity that reveals the absence of rule of law for Cameroon to fight effectively against piracy and maritime terrorism still mentioned at the top of Yaoundé from June 2013.

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Сравнителноправен анализ на продължителността на отпуските по майчинство и бащинство в Европейския съюз

Author(s): Larisa Todorova / Language(s): Bulgarian Issue: 16/2024

The right to maternity leave, paternity leave and parental leave is regulated in Council Directive 92/85/EEC of 19 October 1992 and Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019. The Member States of the European Union, in accordance with their national law, collective agreements or established practice, determine the rules for the implementation of the directives, provided that the minimum requirements and objectives set out in them are met. The comparative legal analysis of the duration of maternity, paternity and parental leave, as well as the way they are used in the Member States, allows for the adoption of established good practices. On this basis, proposals are made for the improvement of Bulgarian labor legislation in this area.

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Cea mai mare navă de croazieră: „Icon of the Seas”, lansată la apă

Author(s): Author Not Specified / Language(s): Romanian Issue: 01/2023

The newest ship of Royal Caribbean, named 'Icon of the Seas', will embark on its first voyage on January 27, 2024. It will surpass 'Wonder of the Seas', another Royal Caribbean cruise ship that currently holds the title of the largest ship in the world. Icon of the Seas has 18 decks for passengers, seven pools, and over 40 restaurants and bars on board. It has a capacity of 5,610 people on board and will weigh approximately 250,800 tons.

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Jurisprudența CEDO: Hotărârea în cauza SPASOV c. României – 2020

Author(s): Author Not Specified / Language(s): Romanian Issue: 01/2024

The case concerns the conviction of the claimant Spasov, a Bulgarian citizen, owner and captain of a small fishing vessel, under the Bulgarian flag, by the Romanian criminal jurisdictions for illegal fishing in Romania's exclusive economic zone in the Black Sea.

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Convenția ONU asupra transportului multimodal international – 30.11.1979

Author(s): Author Not Specified / Language(s): French Issue: 01/2024

This article contains a photocopy of the UN Convention on International Multimodal Transport from 30.11.1979.

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FRONTIERELE DE REGLEMENTARE ALE MĂRII NEGRE PRIN CARTOGRAFIA DREPTULUI UNIUNII EUROPENE ŞI A DREPTULUI INTERNAŢIONAL. UN STUDIU DE CAZ – STRATEGIA DE SECURITATE MARITIMĂ A ROMÂNIEI: UNDE, CÂND ŞI CUM?

Author(s): Cristina Elena Popa Tache / Language(s): Romanian Issue: 12/2024

The study deepens the research on the causal actions between international and national legal norms in shaping and regulating the maritime space around the Black Sea with a focus on the Maritime Security Strategy. By bringing into discussion specific aspects of the law of the sea and relevant national legislation, it attempts to identify these boundaries in terms of natural resources, navigation and regional security. The issue of (in)sufficiency of regulation vis-à-vis the development and use of technologies for surveillance of naval activities, intelligence gathering, data analysis and to enhance security capabilities is raised. The methodology used in this research is based on an inter- and multi-disciplinary approach from the perspective of relevant international documents and treaties, to which is added a careful look at known case law. The case study deals with the lack of a Maritime Security Strategy for Romania and Bulgaria. Particular emphasis is placed on the interpretation and application of how the compass of international law marks boundaries and responsibilities within the Black Sea. At the same time, the discussions converge towards reconciling differences in the interpretation and implementation of international rules and adapting them to the specific context of the littoral states, which is by no means an easy task, as history has shown. The findings contribute to a clearer understanding of the legal processes involved in the delimitation of regulations and their effects on regional and international cooperation.

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Rolul Curții Internaționale de Justiție în soluționarea diferendelor internaționale

Author(s): Roxana-Mariana Popescu / Language(s): Romanian Issue: 1/2025

The International Court of Justice helps resolve disputes between states through legal means, ensuring peaceful conflict resolution. It interprets international treaties and laws, providing binding decisions that states must follow. The court also issues advisory opinions to guide the United Nations and other international organizations. Additionally, it plays a key role in preventing conflicts by offering legal frameworks for negotiation and diplomacy. Its rulings contribute to the development of international legal principles, shaping the future of global justice.

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