The nationality of ships as a point of contact to determine the applicable law for maritime liens has lost its importance, due, among other things, to the widespread use of open registries. The unification of legal rules relating to the registration of ships and to the determination of the applicable law for maritime liens has not sufficiently achieved its goals. As a result, the application of various points of contact from State practice does not contribute to the legal protection of the status of claimants to the maritime liens. There - fore, it is suggested to refer to the law of the closest connection for maritime liens through the application of the escape clause.
{"title":"Mjerodavno pravo za pomorske privilegije i države otvorenog upisnika","authors":"Irena Nišević","doi":"10.21857/m8vqrtg279","DOIUrl":"https://doi.org/10.21857/m8vqrtg279","url":null,"abstract":"The nationality of ships as a point of contact to determine the applicable law for maritime liens has lost its importance, due, among other things, to the widespread use of open registries. The unification of legal rules relating to the registration of ships and to the determination of the applicable law for maritime liens has not sufficiently achieved its goals. As a result, the application of various points of contact from State practice does not contribute to the legal protection of the status of claimants to the maritime liens. There - fore, it is suggested to refer to the law of the closest connection for maritime liens through the application of the escape clause.","PeriodicalId":32324,"journal":{"name":"Poredbeno Pomorsko Pravo","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68483788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Pravni okvir odgovornosti brodara za smrt i tjelesne ozljede člana posade u angloameričkom pomorskom zakonodavstvu","authors":"Igor Vio","doi":"10.21857/mzvkptlp69","DOIUrl":"https://doi.org/10.21857/mzvkptlp69","url":null,"abstract":"","PeriodicalId":32324,"journal":{"name":"Poredbeno Pomorsko Pravo","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68485965","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Italian Supreme Court of Cassation Denies the Entitlement of Pilots to Salvage Remuneration","authors":"Giorgio Berlingieri","doi":"10.21857/y6zolb6drm","DOIUrl":"https://doi.org/10.21857/y6zolb6drm","url":null,"abstract":"","PeriodicalId":32324,"journal":{"name":"Poredbeno Pomorsko Pravo","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68488631","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
“Green Hull” is a project supported by the Interreg V-A Italy-Slovenia Cooperation Programme, funded by the European Regional Development Fund, aimed at solving the problem of environmental pollution arising from biological incrusta-tions on hulls. The hulls are cleaned while they are still in the seawater, without any spillage of polluting or hazardous substances. In this way, the performance of ships is improved and the introduction of allochthonous species into the environment is reduced, without incurring the costs and time necessary for drydock. The sea knows no boundaries; cross-border cooperation in the public and private sectors is necessary to define guidelines for the control, monitoring and man - agement of water and waste from biological incrustations on hulls and to ensure more effective cross-border management. As part of the “Green Hull” project, legislation concerning environmental protection and the quality of marine waters was investigated, at international, European and national levels, both in relation to Italian and Slovenian legislation. The study of the legal aspects of the project area also aimed at preparing, within the existing regulations, guidelines for the development of green technologies in the sector of interest of the project, and a model of a system for the management of waste from cleaning hulls.
{"title":"The “Green Hull” Project","authors":"G. Duca, Paola d’Alberton, Mitja Grbec","doi":"10.21857/y7v64tvrgy","DOIUrl":"https://doi.org/10.21857/y7v64tvrgy","url":null,"abstract":"“Green Hull” is a project supported by the Interreg V-A Italy-Slovenia Cooperation Programme, funded by the European Regional Development Fund, aimed at solving the problem of environmental pollution arising from biological incrusta-tions on hulls. The hulls are cleaned while they are still in the seawater, without any spillage of polluting or hazardous substances. In this way, the performance of ships is improved and the introduction of allochthonous species into the environment is reduced, without incurring the costs and time necessary for drydock. The sea knows no boundaries; cross-border cooperation in the public and private sectors is necessary to define guidelines for the control, monitoring and man - agement of water and waste from biological incrustations on hulls and to ensure more effective cross-border management. As part of the “Green Hull” project, legislation concerning environmental protection and the quality of marine waters was investigated, at international, European and national levels, both in relation to Italian and Slovenian legislation. The study of the legal aspects of the project area also aimed at preparing, within the existing regulations, guidelines for the development of green technologies in the sector of interest of the project, and a model of a system for the management of waste from cleaning hulls.","PeriodicalId":32324,"journal":{"name":"Poredbeno Pomorsko Pravo","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68489773","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Although landlocked, Switzerland realised early on that having its own flag would be beneficial for the country to secure trade in times of peace and especially in times of war. Besides the fleet, it was important to have its own legislation. Maritime navigation is codified in the Federal Act on Maritime Navigation under the Swiss Flag (MNA). The Act takes over the Hague Rules in a modified form, as the Rules themselves allow, and the Visby Protocol. In a conflict of laws between the Hague Rules and the MNA, the national law has priority. The MNA regulates the flag legislation and the registration of ships, the organisation of the relevant au - thorities, the operation of maritime shipping, the contracts for the use of a seagoing vessel, and many other issues in this context. It will always apply if Swiss law is applicable under the rules of the Federal Code on Private International Law (CPIL). Swiss federal legislation applies exclusively on Swiss seagoing vessels on the high seas. In territorial waters, it also applies on board Swiss seagoing vessels, unless the coastal State declares its legislation to be mandatory. Insofar as the MNA contains no special provisions, the Swiss Code of Obligations applies to contracts for the use of a seagoing ship. The MNA regulates the charter parties as well. However, this is a sui generis contract and differs from both the contract of carriage and the con - tract on mandate. Currently, Swiss authorities are reconsidering the conditions for registering ships. Their endeavours will hopefully lead to the flagging-in into the Swiss registry again, which will expand the influence of Swiss maritime legislation.
{"title":"Carriage of Goods in Swiss Maritime Law","authors":"Vesna Polić Foglar","doi":"10.21857/9e31lh670m","DOIUrl":"https://doi.org/10.21857/9e31lh670m","url":null,"abstract":"Although landlocked, Switzerland realised early on that having its own flag would be beneficial for the country to secure trade in times of peace and especially in times of war. Besides the fleet, it was important to have its own legislation. Maritime navigation is codified in the Federal Act on Maritime Navigation under the Swiss Flag (MNA). The Act takes over the Hague Rules in a modified form, as the Rules themselves allow, and the Visby Protocol. In a conflict of laws between the Hague Rules and the MNA, the national law has priority. The MNA regulates the flag legislation and the registration of ships, the organisation of the relevant au - thorities, the operation of maritime shipping, the contracts for the use of a seagoing vessel, and many other issues in this context. It will always apply if Swiss law is applicable under the rules of the Federal Code on Private International Law (CPIL). Swiss federal legislation applies exclusively on Swiss seagoing vessels on the high seas. In territorial waters, it also applies on board Swiss seagoing vessels, unless the coastal State declares its legislation to be mandatory. Insofar as the MNA contains no special provisions, the Swiss Code of Obligations applies to contracts for the use of a seagoing ship. The MNA regulates the charter parties as well. However, this is a sui generis contract and differs from both the contract of carriage and the con - tract on mandate. Currently, Swiss authorities are reconsidering the conditions for registering ships. Their endeavours will hopefully lead to the flagging-in into the Swiss registry again, which will expand the influence of Swiss maritime legislation.","PeriodicalId":32324,"journal":{"name":"Poredbeno Pomorsko Pravo","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68480877","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The paper provides an overview of the Croatian legislative framework governing the matter of liability for marine oil pollution damage caused by ships. In particular, it address - es the issue of compensation for ecological damage, as a specific type of pollution damage to the marine environment. The motive for writing this article was the marine pollution caused following the accident of the ship Fidelity in the Gulf of Raša in July 2018. In the proceedings for the preservation of evidence initiated at the proposal of the County State At - torney’s Office in Pula, Rijeka Commercial Court ordered an expert report to ascertain and assess the environmental damage caused by the spillage of fuel oil. The authors highlight the diversity of approaches to the recognition and assessment of ecological damage at the international level, but also at the national level, i.e., in the Republic of Croatia. The authors present a brief overview of the solutions related to the assessment of environmental damage under general environmental regulations, but also under the special systems of internation - al liability for marine pollution by ships (CLC/Fund 92 and Bunker System) applicable in the Republic of Croatia. In this regard, the authors point out that the general environmental regulations, in determining ecological damage, in addition to compensation for the costs of primary remedial measures, also recognise compensation for losses incurred due to the fact
{"title":"Naknada ekološke štete u slučaju onečišćenja mora s brodova – hrvatski pravni okvir","authors":"Dorotea Ćorić, Iva Tuhtan Grgić, Gordan Stanković","doi":"10.21857/moxpjh16gm","DOIUrl":"https://doi.org/10.21857/moxpjh16gm","url":null,"abstract":"The paper provides an overview of the Croatian legislative framework governing the matter of liability for marine oil pollution damage caused by ships. In particular, it address - es the issue of compensation for ecological damage, as a specific type of pollution damage to the marine environment. The motive for writing this article was the marine pollution caused following the accident of the ship Fidelity in the Gulf of Raša in July 2018. In the proceedings for the preservation of evidence initiated at the proposal of the County State At - torney’s Office in Pula, Rijeka Commercial Court ordered an expert report to ascertain and assess the environmental damage caused by the spillage of fuel oil. The authors highlight the diversity of approaches to the recognition and assessment of ecological damage at the international level, but also at the national level, i.e., in the Republic of Croatia. The authors present a brief overview of the solutions related to the assessment of environmental damage under general environmental regulations, but also under the special systems of internation - al liability for marine pollution by ships (CLC/Fund 92 and Bunker System) applicable in the Republic of Croatia. In this regard, the authors point out that the general environmental regulations, in determining ecological damage, in addition to compensation for the costs of primary remedial measures, also recognise compensation for losses incurred due to the fact","PeriodicalId":32324,"journal":{"name":"Poredbeno Pomorsko Pravo","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68485044","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Scope of Application of the UNCITRAL Instrument on the Judicial Sale of Ships","authors":"Juan Pablo Rodriguez Delgado","doi":"10.21857/y26kecl109","DOIUrl":"https://doi.org/10.21857/y26kecl109","url":null,"abstract":"","PeriodicalId":32324,"journal":{"name":"Poredbeno Pomorsko Pravo","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68487302","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this article, the author analyses the impact that the decision in the CMA CGM Libra case may have on the allocation of risk in a maritime adventure. With the adoption of the Hague Rules a century ago, a compromise was reached between the carrier’s interests and the cargo interests in relation to a carrier’s obligation to exercise due diligence to make the ship seaworthy and the defences available to the carrier, “error in navigation” being one of them. As the decision in CMA CGM Libra differs from the traditional understanding by the shipping industry of the division of responsibility under the Hague Rules and given that the decision extends the carrier’s seaworthiness obligation at the commencement of the voy-age, changing the previously understood position, the outcome of the case and the decision of the Supreme Court on this very important issue of allocation of risk between the carrier and the cargo interest were awaited with great interest by the entire shipping industry.
{"title":"The Impact of CMA CGM Libra on the Allocation of Risk in a Maritime Adventure","authors":"Marija Pospišil","doi":"10.21857/90836czlky","DOIUrl":"https://doi.org/10.21857/90836czlky","url":null,"abstract":"In this article, the author analyses the impact that the decision in the CMA CGM Libra case may have on the allocation of risk in a maritime adventure. With the adoption of the Hague Rules a century ago, a compromise was reached between the carrier’s interests and the cargo interests in relation to a carrier’s obligation to exercise due diligence to make the ship seaworthy and the defences available to the carrier, “error in navigation” being one of them. As the decision in CMA CGM Libra differs from the traditional understanding by the shipping industry of the division of responsibility under the Hague Rules and given that the decision extends the carrier’s seaworthiness obligation at the commencement of the voy-age, changing the previously understood position, the outcome of the case and the decision of the Supreme Court on this very important issue of allocation of risk between the carrier and the cargo interest were awaited with great interest by the entire shipping industry.","PeriodicalId":32324,"journal":{"name":"Poredbeno Pomorsko Pravo","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68480425","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Zaštita prava putnika iz paket-aranžmana tijekom pandemije COVID-19 – pouke za budućnost","authors":"Jasenko Marin","doi":"10.21857/y54jofvlom","DOIUrl":"https://doi.org/10.21857/y54jofvlom","url":null,"abstract":"","PeriodicalId":32324,"journal":{"name":"Poredbeno Pomorsko Pravo","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68488925","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
International shipping is exempted from the general obligations of the Paris Agreement of states to report on the reduction of emissions of greenhouse gases (GHG). The matter was left to the IMO, but not excluded from the jurisdiction of the EU and individual states. The paper compares the measures of the IMO and the EU.
{"title":"GHG Emissions from International Shipping","authors":"Erik Røsæg","doi":"10.21857/yq32ohx5x9","DOIUrl":"https://doi.org/10.21857/yq32ohx5x9","url":null,"abstract":"International shipping is exempted from the general obligations of the Paris Agreement of states to report on the reduction of emissions of greenhouse gases (GHG). The matter was left to the IMO, but not excluded from the jurisdiction of the EU and individual states. The paper compares the measures of the IMO and the EU.","PeriodicalId":32324,"journal":{"name":"Poredbeno Pomorsko Pravo","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68494260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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