Responsibility For Circumstances Research Articles

Obligations Of Buyer And Seller In Contract Of Marine Insurance Of Carriage Of Goods Thatenacted By Incoterms

The meaning of risk under sea carriage is an important subject under international trade law. This due to thefact that when goods are handed over from the seller to a carrier, neither the seller nor the buyerhas physical control over the goods while in crossing. Risk under international trade law deals with who bears the risk of goods damaged or loss without fault on thepart of the parties to the sales contract. Risk under the sea carriage therefore has to do with whobears the ultimate responsibility in circumstances of loss or damage to the goods while in transit.Usually the parties under the sales agreement contemplate on insurance to cover such losses.However, it is important to establish whether it is the seller or the buyer who has a claim againstthe carrier or insurer. I chose the concept of risk and obligations of the buyer and seller under sea transportation of goods because coming from a developing country where raw materials are exported and finished products imported, trade is fundamental to the economic growth of the country. As bulk cargoes are mainly transported by sea, risk under sea carriage cannot be conniving. Therefore, it is important to understand how trade partners allocate risk amongthemselves especially after each has fulfilled his contractual obligation and a carrier who is not aparty to the transaction has to transport the goods to the buyer.

Is Anything Left of Children’s Rights?

In this article it is argued that parental responsibility offers a weak basis for the protection of children’s rights due to its emphasis on (1) responsible parents’ determinations of welfare and (2) the concomitant nature of rights to duties. Based on these two premises, courts have often either neglected children’s rights, or have subordinated them to the rights of duty-holders (parents) when deciding on matters falling within the scope of parental responsibility. Recently, a third limitation on children’s rights has been added: theapplicationof a (non-derogable) right held by the child can now be prevented following an exercise of parental responsibility in circumstances where the child’s right would otherwise apply. The argument is therefore made that parental responsibility as applied under English law erodes children’s rights, leaving little left but the rhetoric surrounding them.

Concurrent Responsibilities under the European Convention on Human Rights: The Concurrence of Human Rights Jurisdictions, Duties and Responsibilities

After pertaining for a long time to its notion, conditions and related duties, the debate about jurisdiction, territorial or extraterritorial, in the ECHR has now reached the issue of its normative implications for States’ duties and responsibilities in circumstances where many States exercise concurrent jurisdiction at the same time. In response to this new challenge, the present chapter discusses how one should articulate the concurrent effective control and hence jurisdictions of different States; how one should specify and allocate their concurrent duties stemming from this concurrence of jurisdiction; and, finally, how one should attribute and then allocate their concurrent responsibilities when concurrent duties have been violated. Thereby, the chapter also contributes to the disentanglement of distinct issues whose relationship to the elusive notion of State ‘control’ has often led the ECtHR to conflate in its case-law on State responsibility. More generally, it shows how much the ECtHR’s practice has promoted and could promote even further the development of the still largely underexplored regime of concurrent or ‘shared’ responsibility in general international law.

The Human Rights Act: Ambiguity about Parliamentary Sovereignty

The Human Rights Act: Ambiguity about Parliamentary Sovereignty