LEGAL REGULATION OF INTERNATIONAL CHARTER AND LINER SHIPPING

A. Palchenko, Elena Pishchanskaya
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Abstract

Legal regulation of relations arising from the implementation of international transport has its own specifics. The most important conditions are defined in international agreements − conventions, which are the main source of regulation in this area of relations. The agreements contain mainly unified substantive legal norms necessary for the settlement of conflicts that most often arise in the regulation of issues in the field of international transport. It should be noted that international transport conventions also consist of conflict-of-law rules, which are invoked in the absence of unified substantive law. As a rule, conflict-of-law rules refer to national legislation, but sometimes also to the norms of international conventions. The norms of the conventions on international transportation are imperative for contracts of carriage, executed by a transport document − a bill of lading. As a rule, conflict-of-law rules refer to national legislation, but sometimes also to the norms of international conventions. The norms of the conventions on international transportation are imperative for contracts of carriage, executed by a transport document − a bill of lading. Relations in the field of maritime shipping in many cases remain subject to the provisions of domestic maritime law, which must be determined by conflict of laws rules. However, as there are again few generallyaccepted conflict-of-law rules established by international treaties, all relevant issues are resolved at the level of national case law, and it is also different. In connection with the development of the world economy and international economic relations, the question of the ability and degree of influence of maritime transport on them plays an important role. Maritime shipping is central to a single global transport system. Maritime transport is already in its format of activity is an international industry, and concerns the activities of the carrier for the movement of goods or passengers from the port of departure to the port of destination.Keywords: convention, bill of lading, charter, sea transportation, seaport
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国际租船和班轮运输的法律规定
对实施国际运输所产生的关系进行法律规制有其特殊性。最重要的条件是在国际协定-公约中规定的,它们是管理这一关系领域的主要来源。这些协定主要载有解决在管理国际运输领域的问题时最经常产生的冲突所必需的统一的实质性法律规范。应当指出,国际运输公约也包括法律冲突规则,这些规则是在没有统一实体法的情况下援引的。通常,法律冲突规则指的是国家立法,但有时也指国际公约的规范。国际运输公约的规范对于以运输单证(即提单)签署的运输合同是必不可少的。通常,法律冲突规则指的是国家立法,但有时也指国际公约的规范。国际运输公约的规范对于以运输单证(即提单)签署的运输合同是必不可少的。海运领域的关系在许多情况下仍受国内海事法规定的制约,这些规定必须由法律冲突规则来确定。然而,由于国际条约确立的普遍接受的冲突法规则也很少,所有相关问题都是在国家判例法层面解决的,这也是不同的。在世界经济和国际经济关系的发展中,海上运输对其影响的能力和程度问题起着重要的作用。海运是单一全球运输系统的核心。海上运输的活动形式已经是一项国际产业,涉及承运人将货物或旅客从始发港运送到目的港的活动。关键词:公约,提单,租船,海运,海港
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发文量
9
审稿时长
12 weeks
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