Acceso usuarios
Adriana V. Padovan, Rocco Lobianco
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.
