International Norms and Legislation of The Azerbaijan Republic for Exclusion of Carrier’s Liability in Maritime Freight

Abstract

The article examines international standards and domestic legislation on maritime freight, the foundations of the implementation of international standards in domestic law. It is noted that the effective functioning of mechanisms of international legal regulation is impossible without ensuring the implementation of international legal treaty norms in the field of domestic law in the proper manner. International treaties apply not only when different rules are identified, or a contradiction arises. Depending on the level of relations, especially relations of an international character, the legislation proposes to indicate international business customs as a source and recognize the possibility of direct application of international treaties. Attention is drawn to the fact that the location of Azerbaijan on the historic Silk Road makes it necessary to participate in modern multimodal conventions (for example, by incorporating the Rotterdam Rules into domestic law), and therefore the choice of the reception method for the implementation of international treaties is not enough for integration policy. Rotterdam rules excluding liability of the carrier according to the catalog of immunities implemented not only The Hague rules, but also certain rules of the Hamburg rules. In this sense, as an act of synthesis, the Rotterdam rules should be adopted as a criterion for legislation. Also, Formula 3.1 of the Civil Code “on the direct application of international treaties” should be fixed in the CMS of the AR.