{"title":"Pushbacks of Migrants in the Mediterranean: Reconciling Border Control Measures and the Obligation to Protect Human Rights","authors":"Petra Perišić, Paulina Ostojić","doi":"10.21857/yvjrdcvpry","DOIUrl":"https://doi.org/10.21857/yvjrdcvpry","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":"68495415","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":"Utvrđivanje granice pomorskog dobra de lege lata i de lege ferenda","authors":"Goran Vojković","doi":"10.21857/m16wjcngg9","DOIUrl":"https://doi.org/10.21857/m16wjcngg9","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":"68482227","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 1982 United Nations Convention on the Law of the Sea was, inter alia , an attempt to create an integral system of rules governing passage through straits. Never-theless, straits that are entryways into pluri-state bays remain a controversial issue. An interesting example of this situation is the Kerch Strait leading into the Sea of Azov. These areas received more attention from the international community after 25 Novem-ber 2018, when three Ukrainian vessels were prevented from passing through the Kerch Strait by the authorities of the Russian Federation. The Sea of Azov is wide enough to accommodate maritime areas in which freedom of navigation exists. However, in 2003 its coastal states, the Russian Federation and Ukraine, concluded the Agreement on Coope-ration on the Use of the Sea of Azov and the Kerch Strait. In this Agreement, the coastal states proclaimed that the Sea of Azov and the Kerch Strait form part of their internal waters, citing historical reasons for doing so. Regulation concerning navigation rights contained in the Agreement is stricter than the rules governing transit passage, which would be applicable as general law. This paper addresses the question of the admissibility of applying the 2003 Agreement to its target maritime areas. Some aspects of the rights and duties of ships in passage according to the regimes of both the 2003 Agreement and transit passage contained in the 1982 Law of the Sea Convention are also considered. The reason for this examination is that both the Russian Federation and Ukraine claim that the other side failed to comply with its duties. Finally, conclusions are drawn as to which regime seems to be applicable.
{"title":"Prolazak tjesnacima na primjeru rusko-ukrajinskih odnosa u Azovskom moru","authors":"Boren Petrinec, Leon Žganec-Brajša","doi":"10.21857/94kl4czr1m","DOIUrl":"https://doi.org/10.21857/94kl4czr1m","url":null,"abstract":"The 1982 United Nations Convention on the Law of the Sea was, inter alia , an attempt to create an integral system of rules governing passage through straits. Never-theless, straits that are entryways into pluri-state bays remain a controversial issue. An interesting example of this situation is the Kerch Strait leading into the Sea of Azov. These areas received more attention from the international community after 25 Novem-ber 2018, when three Ukrainian vessels were prevented from passing through the Kerch Strait by the authorities of the Russian Federation. The Sea of Azov is wide enough to accommodate maritime areas in which freedom of navigation exists. However, in 2003 its coastal states, the Russian Federation and Ukraine, concluded the Agreement on Coope-ration on the Use of the Sea of Azov and the Kerch Strait. In this Agreement, the coastal states proclaimed that the Sea of Azov and the Kerch Strait form part of their internal waters, citing historical reasons for doing so. Regulation concerning navigation rights contained in the Agreement is stricter than the rules governing transit passage, which would be applicable as general law. This paper addresses the question of the admissibility of applying the 2003 Agreement to its target maritime areas. Some aspects of the rights and duties of ships in passage according to the regimes of both the 2003 Agreement and transit passage contained in the 1982 Law of the Sea Convention are also considered. The reason for this examination is that both the Russian Federation and Ukraine claim that the other side failed to comply with its duties. Finally, conclusions are drawn as to which regime seems to be applicable.","PeriodicalId":32324,"journal":{"name":"Poredbeno Pomorsko Pravo","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68480103","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}
This paper aims to analyse the Security Decree bis and its impact on Maritime Law. Such an analysis is also based on a consideration of recent rulings of the Italian Courts related to measures prohibiting the access of vessels carrying migrants rescued at sea to territorial waters. Recent developments in the Italian security regulation are also examined.
{"title":"The Impact of the New Italian Security Regulation on the Search and Rescue of Migrants at Sea","authors":"G. Marchiafava","doi":"10.21857/y54jofkrqm","DOIUrl":"https://doi.org/10.21857/y54jofkrqm","url":null,"abstract":"This paper aims to analyse the Security Decree bis and its impact on Maritime Law. Such an analysis is also based on a consideration of recent rulings of the Italian Courts related to measures prohibiting the access of vessels carrying migrants rescued at sea to territorial waters. Recent developments in the Italian security regulation are also examined.","PeriodicalId":32324,"journal":{"name":"Poredbeno Pomorsko Pravo","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68488119","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}
This paper deals with a well-established English law principle known as the “prevention principle“ in the context of shipbuilding contracts. Under the principle, no party to a contract should benefit from its own failure to perform. In the context of shipbuilding contracts, this principle should give protection to a shipyard in the event of delays in delivery of the vessel that are caused by the buyer, and no liquidated damages should be payable by the shipyard, and the contractual delivery date should be replaced by a time reasonably required to complete the vessel. In other words, where the buyer’s default (such as delay in the buyer’s supplies, interfering with agreed modifications, failure to promptly provide and approve the vessel’s design and drawings, late payments of the contract price, etc.) affect the build schedule which results in a delay in construction and in the delivery of the vessel. Such ac-tions by the buyer might represent an act of prevention. In consequence, the delivery date set out in the shipbuilding contract should not be further binding on the builder and the contractual time for delivery of the vessel should become time at large. On the other hand, it is equally common that most shipbuilding contracts contain extension of time clauses granting shipyards an extension of the delivery period in certain events. However, pursuant to a number of English court cases, the prevention principle does not apply where the shipbuilding contract contains extension of time clauses governing permissible delays, and the liquidated damages shall still be payable, subject to extension of time clauses. This paper deals with a difficult question: if the shipyard fails (or is time barred) to claim the application of the extension of time clauses for delays caused by the buyer’s default(s), does the prevention principle still apply?
{"title":"The Prevention Principle and the Extension of Time Clauses in English Law Shipbuilding Contracts","authors":"Z. Tasić","doi":"10.21857/mnlqgc5egy","DOIUrl":"https://doi.org/10.21857/mnlqgc5egy","url":null,"abstract":"This paper deals with a well-established English law principle known as the “prevention principle“ in the context of shipbuilding contracts. Under the principle, no party to a contract should benefit from its own failure to perform. In the context of shipbuilding contracts, this principle should give protection to a shipyard in the event of delays in delivery of the vessel that are caused by the buyer, and no liquidated damages should be payable by the shipyard, and the contractual delivery date should be replaced by a time reasonably required to complete the vessel. In other words, where the buyer’s default (such as delay in the buyer’s supplies, interfering with agreed modifications, failure to promptly provide and approve the vessel’s design and drawings, late payments of the contract price, etc.) affect the build schedule which results in a delay in construction and in the delivery of the vessel. Such ac-tions by the buyer might represent an act of prevention. In consequence, the delivery date set out in the shipbuilding contract should not be further binding on the builder and the contractual time for delivery of the vessel should become time at large. On the other hand, it is equally common that most shipbuilding contracts contain extension of time clauses granting shipyards an extension of the delivery period in certain events. However, pursuant to a number of English court cases, the prevention principle does not apply where the shipbuilding contract contains extension of time clauses governing permissible delays, and the liquidated damages shall still be payable, subject to extension of time clauses. This paper deals with a difficult question: if the shipyard fails (or is time barred) to claim the application of the extension of time clauses for delays caused by the buyer’s default(s), does the prevention principle still apply?","PeriodicalId":32324,"journal":{"name":"Poredbeno Pomorsko Pravo","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68484464","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}
This paper outlines a precedent from the Croatian shipbuilding industry, i.e. the delivery and acceptance of two vessels under construction in the port of Turkmenbashi in Turkmenistan, the passage of the vessels through the Volga-Baltic Waterway, the pro-cesses of obtaining permission for the passage from the ministries of the Russian Federa-tion, specific legal documentation issued for the vessels under construction for a one-way non-commercial voyage to the port of delivery, delivery and acceptance, and the transfer of ownership and obligations to the shipowner. The paper also considers the amendment to Article 99 of the Maritime Code as a consequence of this marine adventure.
{"title":"Primopredaja broda u gradnji u stranoj luci","authors":"Amra Pende","doi":"10.21857/yvjrdcl1ey","DOIUrl":"https://doi.org/10.21857/yvjrdcl1ey","url":null,"abstract":"This paper outlines a precedent from the Croatian shipbuilding industry, i.e. the delivery and acceptance of two vessels under construction in the port of Turkmenbashi in Turkmenistan, the passage of the vessels through the Volga-Baltic Waterway, the pro-cesses of obtaining permission for the passage from the ministries of the Russian Federa-tion, specific legal documentation issued for the vessels under construction for a one-way non-commercial voyage to the port of delivery, delivery and acceptance, and the transfer of ownership and obligations to the shipowner. The paper also considers the amendment to Article 99 of the Maritime Code as a consequence of this marine adventure.","PeriodicalId":32324,"journal":{"name":"Poredbeno Pomorsko Pravo","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68495020","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}
Technological development is advancing more rapidly than regulatory regimes. The adaptability of regulatory regimes and integration with technological advances are hindered by cumbersome legislative and bureaucratic processes. The wind of change which technology brings to the world has blown through the maritime industry as with many other industries. This article seeks to discuss the areas of maritime law which will be affected by the introduction of unmanned vessels and will consider ways to sidestep or deal with potential quagmires in the light of this inevitable technological development.
{"title":"Unmanned Ships: Coping in the Murky Waters of Traditional Maritime Law","authors":"Damilola Osinuga","doi":"10.21857/y26kec4qd9","DOIUrl":"https://doi.org/10.21857/y26kec4qd9","url":null,"abstract":"Technological development is advancing more rapidly than regulatory regimes. The adaptability of regulatory regimes and integration with technological advances are hindered by cumbersome legislative and bureaucratic processes. The wind of change which technology brings to the world has blown through the maritime industry as with many other industries. This article seeks to discuss the areas of maritime law which will be affected by the introduction of unmanned vessels and will consider ways to sidestep or deal with potential quagmires in the light of this inevitable technological development.","PeriodicalId":32324,"journal":{"name":"Poredbeno Pomorsko Pravo","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68487155","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 major migrant crisis, which has been spreading across Europe for the past few years, has also affected Croatia in many ways. A relatively small country in South East Europe that lies on two important transport corridors – Pan-European Corridor Xa and Vb – happened also to be on two big migratory routes: the Western Balkan route and the Mediterranean route. The consequences thereof have been seen in a huge number of migrants who passed over Croatian territory, going towards countries in Western Europe, often found hidden in trucks and trains at the border crossings towards Serbia, Bosnia and Herzegovina, or Hungary. This paper deals with the question of the impact this phenomenon has made on freight transport industry in Croatia (and the entire region of South East Europe), by analysing regional trends in irregular migrations of people in connection to the introduction of new police security measures (on trucks and trains), and the performance of road and rail transport services in these sensitive times.
{"title":"The Impact of Irregular Migrations, Smuggling and Human Trafficking on the Land Transport Industry: The Croatian Case","authors":"N. Radionov, Ivan Savić","doi":"10.21857/YRVGQTKQJ9","DOIUrl":"https://doi.org/10.21857/YRVGQTKQJ9","url":null,"abstract":"The major migrant crisis, which has been spreading across Europe for the past few years, has also affected Croatia in many ways. A relatively small country in South East Europe that lies on two important transport corridors – Pan-European Corridor Xa and Vb – happened also to be on two big migratory routes: the Western Balkan route and the Mediterranean route. The consequences thereof have been seen in a huge number of migrants who passed over Croatian territory, going towards countries in Western Europe, often found hidden in trucks and trains at the border crossings towards Serbia, Bosnia and Herzegovina, or Hungary. This paper deals with the question of the impact this phenomenon has made on freight transport industry in Croatia (and the entire region of South East Europe), by analysing regional trends in irregular migrations of people in connection to the introduction of new police security measures (on trucks and trains), and the performance of road and rail transport services in these sensitive times.","PeriodicalId":32324,"journal":{"name":"Poredbeno Pomorsko Pravo","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47645815","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":"Spor o granicama između Hrvatske i Slovenije","authors":"V. Degan","doi":"10.21857/ydkx2crzx9","DOIUrl":"https://doi.org/10.21857/ydkx2crzx9","url":null,"abstract":"","PeriodicalId":32324,"journal":{"name":"Poredbeno Pomorsko Pravo","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68490407","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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