Maritime transport and sustainable development require a recognizable global approach. The state, as the dominant structure in the world, enables the realization of sustainable maritime transport aims through its instruments. Therefore, it is very significant to consider the national maritime policies because the effective implementation of the global policy is impossible without considering the adequate mechanisms at the state level. The adopted Montenegrin strategic documents impact the institutional framework set-up of the Blue Economy (BE) sectors and potentials for ecologically sustainable maritime transport. Although there are no practical directions for the sustainable use of sea resources, Montenegro is affirmatively oriented to the BE concept. Knowing that Montenegro is in the process of the pre-accessing EU phase, it is of importance to be on the right road to creating a national maritime transport policy including environmental practices, to become part of the strategic implementation of the BE. The paper provides recommendations that can serve for the successful follow-up of the BE activities in Montenegro and the wider area.
In order to ensure the sustainability of the shipping industry and marine ecosystem of Montenegro, it is necessary that Montenegro becomes a full member of the Paris Memorandum of Understanding (Paris MoU) on Port State Control. The reasons for doing so are numerous: the full adoption of standards stipulated by the Memorandum in relation to ship control; continuously keeping pace with, and development of, new standards in compliance with turbulent changes in the maritime industry and operation (including the increasing scope of maritime transport); the decrease in the number of detained ships which meet the requirements stipulated in international Conventions and the elimination of substandard ships in perspective; and the prevention of environmental pollution, and sea and port incidents. This justified endeavour is supported by the fact that Montenegro is one of two countries in Europe that are not full members of the Paris MoU. Additionally, in this context it is necessary to emphasise the fact that the marine ecosystem of Montenegro is an integral part of the world ocean. Accordingly, the improvement of the quality of national legislation which is compliant with international requirements is an imperative which has positive implications on regional and global sustainability.
21 October 2017 in Transactions on Maritime Science
There is a number of international instruments that contribute to the improvement and advancement of safety at sea. The primary task of all international instruments is to make sea navigation less dangerous and to reduce, to the maximum extent possible, the risks associated with maritime navigation, and hence the occurrence of maritime accidents and marine pollution. In addition to international conventions as basic international instruments, codes adopted by various international organizations are of particular importance for improving the safety of navigation. The IMO, as the main organization responsible for improving maritime safety, certainly occupies a special place. Since its inception, the IMO has convened many international conferences and developed many regulations, recommendations and codes of practice concerning the carriage of dangerous cargoes by sea. Thirty conventions and protocols, as well as a number of codes and recommendations concerning maritime safety, the prevention of marine pollution and other related matters have been adopted by the IMO. In this paper we have tried to point out the most important international codes the observance of which is imperative for improving safety at sea. Attention is paid to the role of a number of international organizations in the safety of navigation, with special emphasis on the IMO.
This paper focuses on a scientific analysis of the genesis and historical development of the good faith principle as a doctrinal interpretation of Latvian regulations. It is about the evolution of attitudes toward the principle of bona fides in modern legal science and case law, starting with its origins in archaic Roman law and its rediscovery by Justinian’s Corpus Juris Civilis through its application in the Western medieval ius commune and its continental renaissance in the early twentieth century, considering its limited position in the Code of Civil Laws of the Baltic Provinces to its triumph in Latvian civil law. This comparative historical study shows that a clear definition of good faith can be found through a system-historical interpretation of the good faith rule. This should help to determine the nature of subjective rights and obligations under any legal rule governing specific legal relationships.