International Carriage Of Goods Research Articles

Development of Container Transportation Logistics in the Republic of Kazakhstan

. The state of container transportation in Kazakhstan and the ways of their further development were considered. The analysis of the level of containerization in the Republic of Kazakhstan in comparison with the world container powers is presented. Transport companies and stakeholders ready to implement this logistics technology for containerization of the market have identified a number of opportunities, the solution of which will lead to the expansion of importexport transport services, including transit. Such qualitative changes will be based on the end-to-end, single multimodal transportation document proposed by stakeholders belonging to a single operator from the shipper to the consignee. The main task of each node is to reduce the time spent in the container, which is possible due to a single information database and digitization of uniform legal regulations to the contract on the international carriage of goods and the agreement on international freight traffic

Determining the Responsibility of the Insurance Company in Transporting International Goods

The paper deals with a complete analysis of the liability of the insurer in the international carriage of goods. The paper lays down the international instruments that govern the field and to what extent they affect the liability of the insurer. The paper also analyzes the conflict of laws issues related to the international insurance. The paper further does a study of the concepts related to the international insurance of carriage of goods and liability of the insurer. The focus has been on the common law principles. Aim and Objectives The paper analyzes the extent of liability of the insurance company. It would give a critical analysis of the liability and limitation of liability of the insurance company under different heads. The paper has targeted different instruments like international conventions, municipal laws and most importantly principles of common law on this subject. Scope: Due to the paucity of time and space the researchers have limited the scope of the paper to the liability of insurance company in general sense. There is also a lacuna in International Law on this particular aspect of insurer’s liability thus more attention is paid to common law principles and the Marine Insurance Act, 1906. The author has referred to case laws from different jurisdictions to give a wider prospective but has not done a comparative study of different legal regimes. PROBLEM STATEMENT: The International legal existing setup is not in itself equipped to deal with issues in determining the liability of the insurance company for the transport of international goods when the ship sank for a reason beyond the control of the captain. RESEARCH Methodology: The methodology adopted in the research for this paper involves a thorough reading and analysis of the liability of insurer in the international carriage of goods. The study is thus based primarily on a doctrinal-qualitative approach. Based on the research, co-relations have been drawn with the position of the law in other jurisdictions. DOI: 10.7176/IAGS/92-03 Publication date: December 31 st 2021

E-CMR as a basic condition on fulfillment of obligations under agreement for international carriage of goods by road

The article analyzes the main conditions for the fulfillment of obligations under the contract for the international carriage of goods by road. In addition, the article discusses the role and place of the CMR as evidence of the conclusion of this type of contract, as well as the consequences of the Republic of Uzbekistan joining the e-CMR Additional Protocol and the introduction of this innovation in the process of international transportation of goods by road.
 The article draws conclusions about the position of the consignee in the contract for the carriage of goods, as well as his responsibility under the contract for the international carriage of goods by road, and it is also determined that the Contract for international carriage serves as a legal basis for the financial liability of the parties in case of non-fulfillment or improper fulfillment of obligations.

Derecho internacional privado y Derecho marítimo internacional: competencia judicial internacional y acuerdos atributivos de jurisdicción en la LNM

5

Identification of Neutralization of the CMR Documents in European Union Conditions

Year 1956 was an important year for international road and freight transport. By this year Convention on the Contract for the International Carriage of Goods by Road (CMR) was made. The basic purpose of the Convention was to unify the rules in the international carriage of goods and thereby promote development of international trade. From the practical point of view, this was very important for both carriers and transporters. This Convention also describes the most important document in the international carriage of goods, which includes the consignment note of CMR as well. Recently this document is often associated with the term neutralization. Objective of this article was to clarify the meaning of this phrase in transport. In addition, the aim was to find out in what range carriers have real experience with neutralization of the consignment note of the CMR during the transport, for what types of goods and on what types of routes is the neutralization being used the most.

ОСНОВНІ ІСТОРИЧНО-ПРАВОВІ АСПЕКТИ РЕГУЛЮВАННЯ МІЖНАРОДНИХ АВТОМОБІЛЬНИХ ПЕРЕВЕЗЕНЬ

The article analyzes the basic legal aspects of one of the institutes of transport law - international freight road transport. The article focused on historical and legal aspects, of freight transport by road in international transport legal framework. The main directions and its systematization are provided in the article. The legal relations that arise during the international carriage of goods by road and which are drawn up by the relevant civil agreements are describes, the basic rights and obligations of the parties in these relations are detailed. Object of study - international road freight transport. The purpose of the work is to propose ways to improve the organization of the international road haulage system, to reveal the role of state bodies in ensuring its effective functioning in accordance with the legislation of Ukraine. Method Research - a multivariate analysis of the research object's operating conditions. In all countries of the world, transport is one of the important sectors of the economy and an integral part of interpersonal relations. The transportation process does not produce a new product, but acts as a link between enterprises, facilitating the functioning of other sectors of the economy, the fulfillment of social tasks, the rational and flexible use of productive forces, ensuring the country's defense capability. Therefore, the state policy of Ukrainian transport complex formation and development provides for timely, complete and qualitative satisfaction of the needs of public production and economic entities in international freight transportation, creation of equal conditions for the development of economic activity of road transport enterprises of all forms of ownership and entry of Ukrainian transport complex to the European and the world transport system The results of the article can be implemented in the work of motor transport enterprises that provide international freight. Estimated assumptions for the study object development - the search for the optimal system organization of international road haulage. KEYWORDS: INTERNATIONAL ROAD TRANSPORTATION, CARGO, CONVENTIONS, AGREEMENTS, CONTRACTS, CARRIER, FREIHGHT FORVARDER, CARGO RECEIVER, CARRIER VEHICLE

국제해상물건운송에 있어 계약당사자의 위험물 선적에 따른 법적 책임의 문제점에 관한 고찰 - NYK Argus호 사건을 중심으로-

국제해상물건운송에 있어 계약당사자의 위험물 선적에 따른 법적 책임의 문제점에 관한 고찰 - NYK Argus호 사건을 중심으로-

ДОБРОВІЛЬНЕ СТРАХУВАННЯ ГРОМАДЯНСЬКОЇ ВІДПОВІДАЛЬНОСТІ ПЕРЕД МИТНИМИ ОРГАНАМИ

Formulation of the problem. At present, in the conditions of the development of trade, international transportation is becoming more significant. However, despite this, insurance of civil liability to the customs authorities with the use of the International Road Transport Book in the Republic of Belarus shows a negative trend. The purpose of the research is to explore the features of civil liability insurance to customs authorities using the International Road Transport booklet in the Republic of Belarus and analyze its dynamics, as well as to identify possible trends in its development. The object of the research is the features and practical procedures for voluntary insurance of civil liability to customs authorities using the book of International road traffic in the Republic of Belarus. Methods used of the research. The use of the induction method allowed us to designate ways to improve the procedures for voluntary insurance of civil liability to the customs authorities. The hypothesis of the research. The negative tendency of civil liability insurance to customs authorities is partly related to restrictive conditions, under which the carriage of goods under the International Road Traffic System can be carried out. The statement of basic materials. The Convention on International Road Transport defines the carriage of goods carried without intermediate transshipment in road vehicles, their compositions or containers, crossing one or more borders, from the customs of departure to the customs of destination, provided that a certain part of the International Road Transport operation between its beginning and end is made by road. Goods transported in accordance with the International Road Transport Procedure are exempt not only from paying or depositing in the intermediate tariffs of import and export duties and taxes, but also from customs inspection in them. Originality and practical significance of the research. The procedure for the operation of civil liability insurance to customs authorities with the use of the International Road Transport booklet, taking into account the UN Customs Convention on the International Carriage of Goods, is disclosed. Conclusions of the research. Insurance organizations of the Republic of Belarus increase the demand for insurance of civil liability to the customs authorities using the book of International road traffic and popularize it among residents of the country. This will contribute to the development of not only the insurance market in the country, but also the maintenance of the status of the Republic of Belarus as an export-oriented country.

The Role of Arbitration Clauses in Resolving Disputes in Carriage of Goods Across International Borders

For the past decade or so, the uniformity of the law of international carriage of goods by sea has increasingly been undermined by the promulgation of hybrid carriage regimes by several maritime jurisdictions which depart from the established international uniform rules. This is one of the exemplifications of the increasing disregard for international maritime law propelled by accelerating domestic unilateralism. The aim of this article is to bring to the fore the role of arbitration in resolving disputes between parties in the international carriage of goods in juxtaposition with litigation, and why it is favoured among other alternative dispute resolution mechanisms. This paper argues that in the absence of a uniform set of laws regulating commercial disputes at sea, the inclusion of arbitration clauses in international carriage of goods is the most effective means of resolving disputes among parties. Not only does arbitration save time and cost, but also awards can be enforced on multiple jurisdictions. Keywords: Arbitration, Arbitration Clauses, Dispute solving, International trade DOI : 10.7176/JLPG/83-04 Publication date :March 31 st 2019

국제화물운송계약에서 적용되는 준거법 결정에 관한 고찰

국제화물운송계약에서 적용되는 준거법 결정에 관한 고찰

Comparative Study of International Carriage of Goods by Railway Between CIM and SMGS

China and some of its trade partners in Western Europe apply different legal regimes for international carriage of goods by railway — respectively Agreement on International Railway Freight Transportation (SMGS) and Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM). For transportation of goods by railway between China and Western Europe both the CIM and the SMGS are often applicable. China’s initiative “the Belt and Road” promotes development of railway transport in Eurasia and creates new incentives for comparative study between those two international legal systems. This article provides a brief historical outline of comparative studies between the CIM and SMGS. This article also purports to show that some similarities and differences between the two regimes might be better understood from the perspective of comparative legal history. Taking into account inter alia the common origin of the current versions of the CIM and SMGS in the 4th revision of the CIM of 1933, differences and similarities between two legal regimes have been analysed with regard to the following topics: the scope of application of the CIM and SMGS; the nature of the carrier’s liability under the CIM and SMGS; exclusivity of the CIM, exclusivity of the contract of carriage under the SMGS; period of responsibility; persons for whom the carrier is liable.

Bringing Carriage of Goods into the Twenty-First Century

International shipping has experienced revolutionary changes since Singapore became an independent country in 1965. However, the legal regimes governing international carriage of goods have not kept pace with developments in international trade, transport and logistics. The Rotterdam Rules provide a modern regime for twenty-first century shipping. Singapore has in the past shown its willingness to take the lead in maritime law conventions. It is ideally positioned once again to provide leadership in the efforts to ratify the Rotterdam Rules and bring the law governing the carriage of goods by sea into the twenty-first century.

Consideraciones sobre el contrato de transporte internacional terrestre de mercaderías

El transporte internacional tiene una importancia clave en la economia de los privados y de los diversos Estados. Asimismo, desde el punto de vista juridico, el contrato de transporte internacional se presenta como uno de los negocios juridicos a los que la doctrina le ha prestado mayor atencion. Este trabajo se enfoca en el transporte internacional terrestre de mercaderias, por ser la especie que muestra mayores discusiones y problematicas. En esta exposicion se realiza un analisis desde una doble perspectiva: desde el Derecho de los Contratos y desde el Derecho Internacional Privado, aportando un punto de vista sobre aquellos topicos que han generado mayores dudas al aplicador del derecho.

The Carriage of Goods Convention

This article introduces an idea, as the Carriage of Goods Convention does not exist (yet). The objective of the convention is threefold: the harmonization, simplification and modernization of the rules on international carriage of goods. Whereas the existing conventions basically regulate unimodal contracts for the carriage of goods either by rail, sea, air, road or inland waterways, the starting point of the Carriage of Goods Convention is the contract of carriage in general. As the (number of) means of transportation is irrelevant, the convention applies to both unimodal and multimodal contracts of carriage.

Limitation of liability right in road freight carriage in Croatia: an extinct institute

Although it is a European Union member state and a party to the CMR Convention, Croatia has not ratified the 1978 CMR-SDR Protocol. Under Croatian law, the carrier liability limit concerning damage to cargo in international transport is not 8.33 special drawing rights (SDR) but, rather, 25 Gérminal francs per kilogram, based on the 1956 CMR Convention. Due to the current price of gold on the world market, such amounts will almost invariably exceed the value of the actual damage, which constitutes a de facto abrogation of the carrier’s right to limit his liability. The co-existence of the two systems for establishing a carrier liability limit has led to a disunification of the issue of carrier liability limitation in the international carriage of goods. Conversely, in 2002, all provisions of the Croatian Road Transport Act of 1998 concerning the contract of the carriage by road in national transport were abolished, depriving Croatian law of its pertinent lex specialis. Consequently, claims for damages are subject to the lex generalis—the Civil Obligations Act of 2005, which provides no specific limit of liability. Since the special law has been abolished and the 1978 CMR-SDR Protocol was never ratified, Croatian transport law does not provide for the possibility to calculate the amount of the carrier liability limit in accordance with the internationally recognized amounts, which are often referred to in the conditions of professional carrier liability insurance policies. This de facto provision abolishes the right to limit liability for the Croatian road carrier, often also leaving him deprived of efficient insurance coverage. Such a situation also creates two distinctive legal regimes of limitation of liability right for the carrier within the CMR member states.

IMPOSITION OF VALUE ADDED TAX UPON FREIGHT FORWARDING ACTIVITIES FOR INTERNATIONAL CARRIAGE OF GOODS

Consideration is given to the procedure of imposing the value added tax upon freight forwarding activities for the international carriage of goods in the event of the involvement of other participants off reight forwarding activities in transportation, when conducting forensic economic examinations.

The structure of carrier’s liability and burden of proof under the United Nations convention on contracts for the international carriage of goods wholly or partly by sea (2009)

ABSTRACTA new development in the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, 2009 (commonly called Rotterdam rules) is the formula it adopted to deal with the basic question of the carrier’s liability. It has set out a new structure of the carrier’s liability and the burden of proof. Still its approach is not totally novel but extracted from the previous maritime conventions. It has preserved the ‘fault-based liability system’ established by the Brussels Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1924 (also known as Hague Rules), the Hague Rules amended with 1968 Visby Protocol and the SDR protocol of 1979 (Hague-Visby Rules) and International Convention on the Carriage of Goods by Sea 1978 (Hamburg Rules). This piece of work analyses the new structure of carrier’s liability introduced by this convention.

The limited scope of seaborne cargo liability regime: new political–economic environments in the 21st century

ABSTRACTSince the 1920s, seaborne cargo liability regimes have introduced a small number of mandatory rules into international carriage of goods by sea, through the Hague–Visby Rules, to restrict freedom of contract. These rules worked within a limited scope to offset imperfect competition in the shipping markets. However, the recent Hamburg and Rotterdam Rules attempted to extend this scope of seaborne cargo liability regime, which seems to be more extensive than is desirable. This article compares and examines the shipping sub-sectors’ environment and maritime economics over the past century up to date. The new business patterns of the shipping sub-sectors, the rising influence of developing countries, and the containerisation are creating new shipping environments for this area of law. Compared with previous decades, imperfect competition is only found in a smaller number of areas within the shipping markets nowadays. This article argues that only a limited scope of application is needed for international seaborne cargo liability regime. Thus, these new economic and political realities call for innovative modifications to the recent rules regarding the scope of application, and future regime should refocus international uniformity on a limited scope.

International Carriage of Goods by Rail (COTIF-CIM): Liability Exceptions of the Carrier

International Carriage of Goods by Rail (COTIF-CIM): Liability Exceptions of the Carrier

Adjudicatory Jurisdiction in International Carriage of Goods by Sea: Would the Rotterdam Rules Settle the Controversy?

Contracts of carriage of goods are predominantly regulated by international conventions. Given the fact that a contract of carriage of goods usually would not be devoid of international elements, internationalising this area of law is appropriate; however, the internationalisation of the substantive laws of carriage of goods would not lay to rest the issue of jurisdiction, which is a common factor of all international litigations. Parties to litigation foresee the advantages and disadvantages of litigating in one or another court. To litigate in a court of your choice is like playing football on your own pitch. Players feel comfortable when they play at their home ground, though they cannot be sure they will win the game. In the same vein, litigants leave no stone unturned to bring their opponent into their favourite court. Unfortunately, there is a lack of consensus among civilised legal systems on how to regulate the issue of jurisdiction in international litigation. Understanding the existing gap and the importance of fixing this issue, most conventions on international contracts of carriage of goods have incorporated provisions that regulate the issue of jurisdiction. When it comes to carriage of goods by sea, however, some trading nations and scholars do not accept the inclusion of jurisdictional provisions in the conventions that regulate carriage of goods by sea. They do not welcome any attempt to incorporate the issue of jurisdiction in international conventions for carriage of goods by sea, and this is the subject of debate and controversy. This article discusses the main arguments for and against the inclusion of jurisdictional provisions in international conventions that regulate the carriage of goods by sea, with special reference to the Rotterdam Rules 2009. The first section of this article is devoted to discussing the general principles of jurisdiction as well as grounds of jurisdiction in common law and civil law countries. The importance of jurisdiction in international litigation is also