Projects
  • Developing a modern legal and insurance regime for Croatian marinas – enhancing competitiveness, safety, security and marine environmental standards (DELICROMAR) / doc. dr. sc. Adriana Vincenca Padovan / 2016.—2019.

    Keywords: nautical tourism port, marina, nautical tourism, maritime law, marine insurance, liability insurance, marine safety, marine security, marine environment
    Summary: The research project deals with the legal aspects of the establishment, management and the activities of the nautical tourism ports in Croatia, with a special focus on marina operator’s liabilities, insurance arrangements, standards of maritime safety and security and marine environmental protection. The nautical tourism is a branch of economy that is of a strategic interest to the Republic of Croatia. There are about 112 nautical tourism ports in Croatia, including about 56 marinas, 16 dry dock marinas and 36 nautical tourism ports of other types. The total capacity of berths is about 17.221. The total income of the nautical tourism ports in 2014 was over 94 million euros, and there is a constant stabile increase of the income from this activity each year. In accordance with the Nautical Tourism Development Strategy of the Republic of Croatia for the period 2009 – 2019, there is a plan for the construction and development of a number of new nautical tourism ports and a substantial increase of the number of berths. Considering this strategic orientation towards the further development of the nautical tourism as an important branch of the national economy, Croatia has an interest in providing clear and competitive quality standards for the nautical tourism ports, in order to achieve a more favourable position in comparison with the other Mediterranean states. The proposed research project consists of a comparative analysis of the respective legislation, insurance arrangements and court practice in the European countries; analysis of the European marina operators’ common practices, general terms and conditions, their experiences in the combat against and dealing with the adverse events such as vessel thefts, fire, unauthorised entry, marine accidents within the port, marine pollution, etc. The idea is to propose improvements in the legal framework relating to the regime of liability and insurance of the Croatian marina operators, with a view of enhancing their competitiveness, safety, security and environmental protection standards. In particular, a recommended model of general terms and conditions will be created as an innovative business solution for marina operators and a possible reform of the respective legislation will be proposed, paying due respect to the necessary compliance with the relevant EU legislation. The proposed project is aimed at consolidating the relevant national legislation and clarifying the related legal concepts through the currently lacking doctrine, with a view of unifying the domestic court practice and contributing to legal certainty in the interest of all parties involved. This should lead to a progress and further sustainable development of the nautical tourism sector in Croatia subject to the requirements of the marine environmental protection, maritime safety and security, particularly considering the country’s strategic orientation to that sector of economy and the planned substantial increase of the nautical tourism ports’ berthing capacities in the following years. Besides the acknowledged maritime law researchers as team members, the project will gather the related expert professionals with a view of developing a cooperation between the theory and practice and amongst all the interested key holders, including the marina operators, insurance companies, charter agencies, the Ministry of maritime affairs, transport and infrastructure, the Ministry of Environmental and Nature Protection and other competent public bodies. The project is financed by the Croatian Science Foundation (installation research project no. 3061).

  • Building up of the International Legal Personality of the Republic of Croatia / Vladimir-Đuro Degan / 2008.—2013.

    Keywords: international law; delimitation of land and maritime areas; international adjudication; state succession; international criminal law.
    Summary:

    Croatia acquired its independence in 1991. However, except with Hungary, it has not yet fixed its boundaries with other neighbouring states. It has a serious dispute with Slovenia regarding the delimitation of maritime areas. Al¬though the 2001 Vienna Agreement on Succession Issues entered into force in May 2004, Serbia still unlawfully keeps large parts of state archives and some movable properties of the former SFRY. There are several unresolved issues of its relations with the International Criminal Tribunal for the Former Yugoslavia, etc. The main aim of this project is the ascertainment of legal rules applicable on Croatia in the related domains, and thereby a better protection of its legal rights and interests in international intercourse. The final settlement of these and other issues are necessary steps in the process of building up of the international legal personality of the Repu¬blic of Croatia.

    Project financed by the Ministry of Science, Education and Sports of the Republic of Croatia.



  • Croatian Maritime Legislation, International Standards and the EU Law / Vladimir Ibler / 2007.—2013.

    Keywords: maritime law; international conventions; EU law; Croatian Maritime Code; judicial and arbitral practice; carriage by sea.
    Summary:

    The principal goal set by this project is providing a doctrinal background for the further development of the entire maritime legislation of the Republic of Croatia, as well as for its adjustment to internationally adopted standards and the law of the European Union. The development of maritime law is of utmost significance for the economic prosperity of our country, and one of the conditions for its integration into European structures. For this reason, the permanent and systematic analysis of maritime legislation belongs equally to the short-term, as well as to the long-term strategies of scientific research in the Republic of Croatia. The current maritime regulations in Croatia by no means fall behind the regulations of the leading maritime states. The new Croatian Maritime Code entered into force in December 2004. It is necessary to follow how this integral and systematic legislative codex is applied to domestic judicial practice and business. However, new international instruments of unification will be adopted after its entering into force. New trends and legal solutions are already in view in some important domains, such as the carriage of goods by sea; safety of navigation; pollution of marine environment; electronic transport documents; etc. Therefore, it will be essential to amend or modify the provisions of the new Code in conformity with internationally adopted standards. Having in mind the efforts of the Republic of Croatia to accede to the European Union, the project researchers shall put special emphasis on the adjustment of the Croatian Maritime Code to the law of the European Union. Particular attention will also be paid to the study of current solutions in comparative law, as well as to the international codification and unification of maritime law. Taking into consideration modern trends in the transport sector, the project researchers shall carry out a comparative analysis of relevant institutes in different branches of transport.

    Project financed by the Ministry of Science, Education and Sports of the Republic of Croatia.



  • Building up of the International Legal Personality of the Republic of Croatia / Vladimir-Đuro Degan / 2002.—2006.

    Keywords: succession of states; state creation/disappearance; (international) recognition of a new state; state responsibility; international criminal law; International Criminal Tribunal for the Former Yugoslavia; International Criminal Court; individual liability for international crimes.
    Summary:

    Within the former project, the principal investigator has recently finished a manuscript of the book entitled: Croatian State in the International Community – Historical Development of its International Legal Personality, numbering 403 pages. Translations into Croatian of some documents, which were his task, will be published in it. In his capacity as member of Croatian delegation, he took an active part in the negotiations that resulted in signature of the Agreement on Succession Issues in June 2001 in Vienna. Before its entry into force, this Agreement is subject to ratification by all the contracting parties. It has settled some open questions, such as the one of ''critical dates''. The conclusion of the Agreement is in a way a conclusive step in the emergence of the international legal personality of Croatia and other successor states of the former SFRY. In the process of building up of that personality, a number of other theoretical and practical issues are still to be resolved, especially regarding the implementation of the said Agreement. The principal investigator is one of the members from Croatia in the Standing Joint Committee, in which the negotiations will continue. The matter is of the apportionment of the immovable and movable state properties of the Yugoslav Federation inside it and abroad, of archives, pensions, and other acquired rights of its former citizens. The main problem still to be settled is the considerable amount of the debt of the Ljubljanska banka to the holders of saving accounts outside Slovenia. The matter is of the right to possession as one of human rights. Some of these practical issues seek a theoretical analysis, as well as the research of the former practice of the states and case law, which is the aim of this project. The determination of the land and maritime frontiers of Croatia with neighbouring states falls in the framework of this project. The principal investigator will however continue his research of this particular problem within his usual duties at the Adriatic Institute, and in his capacity of the investigator of the project ''Croatian Maritime Legislation and the International Standards''. There are furthermore some topics that generate fervent political debates, because of the lack of objective consideration in all their aspects, for instance the intervention of the Croatian Army in 1993 in the internal conflict in Bosnia-Herzegovina. There is also the cooperation of Croatia with the International Criminal Tribunal in the Hague.

    Project financed by the Ministry of Science, Education and Sports of the Republic of Croatia.



  • Croatian Maritime Legislation and the International Standards / Vladimir Ibler / 2002.—2006.

    Keywords: maritime law; the law of the sea; international conventions; EU law; exclusive economic zone; protection of the environment; safety of shipping; carriage by sea; ship; maritime delimitations.
    Summary:

    The aim of this project is to provide a doctrinal background for the further development of the maritime legislation of the Republic of Croatia, in accordance with internationally adopted standards and the law of the European Union (EU). The development of maritime law and the law of the sea is of utmost importance for the overall economic structures existing within the EU. The maritime legislation that is at present in force in Croatia does not fall behind the legislation in other maritime states, such as the United Kingdom, France, Italy, Scandinavian countries, etc. In 1994, the Croatian Parliament (Sabor) enacted the Maritime Code, which was the fist Croatian systematic and integral legislative codex. However, many international legal instruments were adopted after the Maritime Code had entered into force. The provisions of the Maritime Code ought to be modified and amended in conformity with recent international solutions. The Croatian Government continuously makes efforts in order to facilitate the entry of the Republic of Croatia into European structures. Therefore, special attention shall be drawn to the adjustment of the Maritime Code to the EU law. Some important areas of maritime law, such as the protection of maritime environment; carriage of goods and passengers by sea; safety of navigation; marine insurance; etc., require new solutions and further legal development. Within the project, full attention shall be paid to the subject matter of the maritime delimitation of the Republic of Croatia with neighbouring states, as well as to the important topic of the proclamation of the exclusive economic zone. A modern database containing all necessary and actual data on maritime law will be created in the course of the research. The data will be available to relevant bodies and institutions in Croatia.

    Project financed by the Ministry of Science, Education and Sports of the Republic of Croatia.