System of liability for damage by sea pollution in the legal system of Bosnia and Herzegovina

Abstract

Bosnia and Herzegovina, seen as a country on its way to EU membership, should coordinate the matter of liability and compensation in cases of marine pollution and the rules on maritime safety with the relevant international conventions as well as with the EU legislation. This should be done in order to ensure safe conduct of navigation and, if pollution ever happens, to provide an effective compensation for the victims. In this manner, Bosnia and Herzegovina would demonstrate a systematic care for the protection of the marine environment and an effort in compliance with the relevant conventions and modern maritime legal European regulations, providing in this way the conditions for achieving the goal of becoming a flag State and a port State. All of this would lead to a harmonization of the navigation system and to an establishment of primary legislation relating to maritime security, registration of ships, regulation of order in ports, as well as to other relevant issues regarding the responsibility for the pollution of the sea.

Keywords

• system of liability
• pollution damage
• objective liability
• limitation of liability compensation of damage