Naslov
A Comparative Study of Compulsory Wreck Removal under Croatian and Italian Maritime Law

Autori
Padovan, Adriana Vincenca ; Lobianco, Rocco

Izvornik
Revista de Derecho del Transporte (1889-1810) 2022 (2022), 30; 101-158

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
wreck, ship, Nairobi Wreck Removal Convention 2007, marine environment, maritime law, Italy, Croatia

Sažetak
The authors analyse and compare the national rules of the maritime law of Croatia and Italy regulating compulsory wreck removal as well as the provisions of the Nairobi Wreck Removal Convention 2007 (WRC). Where necessary, the authors consider the preparatory works preceding the WRC and the national law solutions respectively. The study includes an analysis of the relevant Croatian and Italian case law and relies on legal writings dealing with wreck removal under Italian and Croatian maritime law, as well as under the WRC. Furthermore, the paper makes certain suggestions for possible improvements in the respective national legal regimes in the interest of legal certainty and uniformity of maritime law rules that may come into play in the event of a wreck affecting one or both of the Adriatic countries in question. In particular, the paper deals with the sources of maritime law regulating compulsory wreck removal, the geographic scope of application of the relevant legal provisions, the status of the exclusive economic zones of Croatia and Italy in the Adriatic Sea, the notion of wreck and the meaning of hazard, the competent authorities and procedures, the owner’s liability and insurance for the costs of wreck removal, real rights on the removed wreck, and other types of security for the claims of the competent authorities related to compulsory wreck removal.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

Napomena
This paper is a result of research within the
research project entitled «Transport and Maritime
Law Issues of Common Interest to Italy and
Croatia» hosted by the Adriatic Institute of
the Croatian Academy of Sciences and Arts within
the framework of the bilateral academic exchange
between the Croatian Academy of Sciences and Arts
and the University in Udine (2019-2021)
(collaborating researchers: Associate Professor
Adriana V. Padovan, PhD, Associate Professor Rocco
Lobianco, PhD, Associate Professor Daniele
Casciano, PhD) and the research project entitled
«Transport Faced with the Challenges of
Technological Development and Globalization: New
Solutions in the Field of Liability and
Competition», hosted by the Institute for
Transport Law (IDT) of the University Jaume I,
Castellón de la Plana and funded by the Ministry
of Science and Innovation of the Government of
Spain, ref. PID 2019-107204GB-C33 (2020-2024)
(principal researchers: Professor M.ª Victoria
Petit Lavall, PhD and Professor Achim Puetz, PhD).

POVEZANOST RADA