Pub Date : 2023-02-21DOI: 10.26886/2524-101x.9.1.2023.1
P. Obiri-Korang
In private international law of contract, the law regulating the rights and obligations of contracting parties may (whether objectively determined or chosen by the parties), in some instances, be limited by either public policy considerations or other relevant mandatory rules. In this regard, the public policy and the overriding mandatory rules of three places – that of the forum state, the applicable law (if different from the lex fori) and the law of the place of performance (or a third state with relevant connection to the contract) – have been considered by both jurists and scholars as being important. However, this article is limited to matters concerning choice of law rules on overriding mandatory provisions (but not public policy considerations). This article assesses the various private international law rules utilised by the South African courts in ascertaining which overriding mandatory provisions must apply to international contracts for the sale of goods. The aim is to adopt a general private international law of contract rule that effectively addresses the difficulty in determining the state, whose overriding mandatory provisions may legitimately claim application over certain relevant issues in international sales contracts. To this end, the article considers the general application of the overriding mandatory rules of the forum and that of the applicable law state (lex causae) to determine if these laws may legitimately by applied to contracts as it is practiced by some courts. Thereafter, the article considers the application of the overriding mandatory rules of the place of performance (locus solutionis) or other relevant third states and demonstrate that it is the overriding mandatory provisions of “a relevant state” that may legitimately derogate the application of certain provisions of the proper law of an international contract.
{"title":"Overriding Mandatory Rules Applicable to International Sales of Goods: Evidence from South Africa","authors":"P. Obiri-Korang","doi":"10.26886/2524-101x.9.1.2023.1","DOIUrl":"https://doi.org/10.26886/2524-101x.9.1.2023.1","url":null,"abstract":"In private international law of contract, the law regulating the rights and obligations of contracting parties may (whether objectively determined or chosen by the parties), in some instances, be limited by either public policy considerations or other relevant mandatory rules. In this regard, the public policy and the overriding mandatory rules of three places – that of the forum state, the applicable law (if different from the lex fori) and the law of the place of performance (or a third state with relevant connection to the contract) – have been considered by both jurists and scholars as being important. However, this article is limited to matters concerning choice of law rules on overriding mandatory provisions (but not public policy considerations). This article assesses the various private international law rules utilised by the South African courts in ascertaining which overriding mandatory provisions must apply to international contracts for the sale of goods. The aim is to adopt a general private international law of contract rule that effectively addresses the difficulty in determining the state, whose overriding mandatory provisions may legitimately claim application over certain relevant issues in international sales contracts. To this end, the article considers the general application of the overriding mandatory rules of the forum and that of the applicable law state (lex causae) to determine if these laws may legitimately by applied to contracts as it is practiced by some courts. Thereafter, the article considers the application of the overriding mandatory rules of the place of performance (locus solutionis) or other relevant third states and demonstrate that it is the overriding mandatory provisions of “a relevant state” that may legitimately derogate the application of certain provisions of the proper law of an international contract.","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44424235","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-21DOI: 10.26886/2524-101x.9.1.2023.3
S. Kuznietsov, V. Vladyshevska, Serhii Kuznetsov
The current situation in Ukrainian coastal regions highlights the need for interaction between different types of transport to secure import and export demands. This is especially topical due to the risks presented by the Russo-Ukrainian armed conflict and the prospects of the future reconstruction of Ukraine. The current policy documents of long-term planning in the maritime sphere require a greater focus on the interests and needs of coastal regions. There should be specific norms for the synergy of the sea and inland water transport and different types of land transport within maritime regions. Building a comprehensive approach to foster the development of coastal regions necessitates the harmonization of varying program documents. The experience of marine and inland water transport during wartime, the shift of shipping from seaports to ports combining sea and river directions which occurred over five months during 2022, and the renewal of regional transport cooperation indicate the formation of a new integrated approach to coastal regions; one which demands updated regulation and long-term strategic planning
{"title":"Coastal Regions of Ukraine: Governance Transformation amid the Russian Invasion","authors":"S. Kuznietsov, V. Vladyshevska, Serhii Kuznetsov","doi":"10.26886/2524-101x.9.1.2023.3","DOIUrl":"https://doi.org/10.26886/2524-101x.9.1.2023.3","url":null,"abstract":"The current situation in Ukrainian coastal regions highlights the need for interaction between different types of transport to secure import and export demands. This is especially topical due to the risks presented by the Russo-Ukrainian armed conflict and the prospects of the future reconstruction of Ukraine. The current policy documents of long-term planning in the maritime sphere require a greater focus on the interests and needs of coastal regions. There should be specific norms for the synergy of the sea and inland water transport and different types of land transport within maritime regions. Building a comprehensive approach to foster the development of coastal regions necessitates the harmonization of varying program documents. The experience of marine and inland water transport during wartime, the shift of shipping from seaports to ports combining sea and river directions which occurred over five months during 2022, and the renewal of regional transport cooperation indicate the formation of a new integrated approach to coastal regions; one which demands updated regulation and long-term strategic planning","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41821792","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-21DOI: 10.26886/2524-101x.9.1.2023.2
Dmytro Luchenko, Іurii Georgiievskyi, M. Bielikova
This article examines the main trends that exist in the introduction of autonomous shipping within Maritime Industry 4.0, and it evaluates its positive and negative factors. It is noted that the human element will impact shipping in this new model as before, although this impact will change and be transferred to other levels. The legal uncertainties that exist in autonomous shipping are considered herein, and the ways in which these can be eliminated are outlined while taking into account the anthropocentricity of existing international legal instruments for maritime activities, the widespread introduction of digitalization, and the automation of management and communication processes. The international efforts to develop legal standards and administration practices for Marine Autonomous Surface Ships (MASS) reveal a commitment to classical approaches to which new practices are gradually introduced in the development of management systems. This article pays special attention to the changes that have occurred in the public administration of MASS in order to develop a practical approach that is capable of quickly responding to new challenges and threats.
{"title":"Challenges and Developments in the Public Administration of Autonomous Shipping","authors":"Dmytro Luchenko, Іurii Georgiievskyi, M. Bielikova","doi":"10.26886/2524-101x.9.1.2023.2","DOIUrl":"https://doi.org/10.26886/2524-101x.9.1.2023.2","url":null,"abstract":"This article examines the main trends that exist in the introduction of autonomous shipping within Maritime Industry 4.0, and it evaluates its positive and negative factors. It is noted that the human element will impact shipping in this new model as before, although this impact will change and be transferred to other levels. The legal uncertainties that exist in autonomous shipping are considered herein, and the ways in which these can be eliminated are outlined while taking into account the anthropocentricity of existing international legal instruments for maritime activities, the widespread introduction of digitalization, and the automation of management and communication processes. The international efforts to develop legal standards and administration practices for Marine Autonomous Surface Ships (MASS) reveal a commitment to classical approaches to which new practices are gradually introduced in the development of management systems. This article pays special attention to the changes that have occurred in the public administration of MASS in order to develop a practical approach that is capable of quickly responding to new challenges and threats.","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43384788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-20DOI: 10.26886/2524-101x.8.6.2022.2
Adelina Rakaj, Dardan Vuniqi, Florent Muçaj
This study analyzes specific problems between Kosovo and Serbia, the integrated border management (IBM) of states, the free movement of citizens of both countries
本研究分析了科索沃和塞尔维亚之间的具体问题，国家的综合边界管理(IBM)，两国公民的自由流动
{"title":"Integrated Border Management between Kosovo and Serbia: Protecting Sovereignty and the EU Agenda","authors":"Adelina Rakaj, Dardan Vuniqi, Florent Muçaj","doi":"10.26886/2524-101x.8.6.2022.2","DOIUrl":"https://doi.org/10.26886/2524-101x.8.6.2022.2","url":null,"abstract":"This study analyzes specific problems between Kosovo and Serbia, the integrated border management (IBM) of states, the free movement of citizens of both countries","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43147871","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-19DOI: 10.26886/2524-101x.8.5.2022.2
D. Bilenets, H. Ulianova, K. Vozniakovska
{"title":"Three Seas Initiative and Ukrainian Seaports’ Prospects amid Russian Aggression","authors":"D. Bilenets, H. Ulianova, K. Vozniakovska","doi":"10.26886/2524-101x.8.5.2022.2","DOIUrl":"https://doi.org/10.26886/2524-101x.8.5.2022.2","url":null,"abstract":"","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42217501","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-19DOI: 10.26886/2524-101x.8.5.2022.1
P. Obiri-Korang
{"title":"Primary Connecting Factors Considered by South African Courts to Determine the Applicable Law of International Contracts on the Sale of Goods","authors":"P. Obiri-Korang","doi":"10.26886/2524-101x.8.5.2022.1","DOIUrl":"https://doi.org/10.26886/2524-101x.8.5.2022.1","url":null,"abstract":"","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48583437","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-19DOI: 10.26886/2524-101x.8.5.2022.3
David Görömbölyi
{"title":"China, Its Belt and Road Initiative, and Its Uniquely Matching Latin American Host Environment","authors":"David Görömbölyi","doi":"10.26886/2524-101x.8.5.2022.3","DOIUrl":"https://doi.org/10.26886/2524-101x.8.5.2022.3","url":null,"abstract":"","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49409878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-28DOI: 10.26886/2524-101x.8.4.2022.3
Joanna Siekiera
{"title":"Book Review: The Law of the Sea, by R. Churchill, V. Lowe, and A. Sander","authors":"Joanna Siekiera","doi":"10.26886/2524-101x.8.4.2022.3","DOIUrl":"https://doi.org/10.26886/2524-101x.8.4.2022.3","url":null,"abstract":"","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47097271","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-28DOI: 10.26886/2524-101x.8.4.2022.1
Enrika Naujokė
It takes many years to negotiate a Preferential Trade Agreement (PTA). The goal is the economic benefits that utilization of PTAs brings. However, the European Commission found that utilization of some PTAs is very low. This study aimed to reveal what obstacles firms face and to recommend solutions. A literature review was done, and semi-structured interviews were conducted (eight participants were selected using the convenience sampling technique). The research questions were about the extent Lithuanian companies utilize PTAs, what they consider obstacles and how these can be overcome. The review of the literature revealed seven main issues. Semi-structured interviews highlighted one more important issue. One of the most significant issues revealed is the lack of interest of the Lithuanian customs administration in promoting PTAs’ utilization. The
{"title":"EU’s Preferential Trade Agreements: Why Lithuanian Firms Underutilize Them?","authors":"Enrika Naujokė","doi":"10.26886/2524-101x.8.4.2022.1","DOIUrl":"https://doi.org/10.26886/2524-101x.8.4.2022.1","url":null,"abstract":"It takes many years to negotiate a Preferential Trade Agreement (PTA). The goal is the economic benefits that utilization of PTAs brings. However, the European Commission found that utilization of some PTAs is very low. This study aimed to reveal what obstacles firms face and to recommend solutions. A literature review was done, and semi-structured interviews were conducted (eight participants were selected using the convenience sampling technique). The research questions were about the extent Lithuanian companies utilize PTAs, what they consider obstacles and how these can be overcome. The review of the literature revealed seven main issues. Semi-structured interviews highlighted one more important issue. One of the most significant issues revealed is the lack of interest of the Lithuanian customs administration in promoting PTAs’ utilization. The","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45932290","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-28DOI: 10.26886/2524-101x.8.4.2022.2
Sergiy Kivalov
The effectiveness of customs enforcement is one of the critical issues of Ukrainian customs legislation. This is due to the emphasis on the fiscal functions of customs and the excessively high share of state revenue administered by customs authorities. Unlike other parts of the Ukrainian customs legislation, the issue of sanctions for customs infringements remains unharmonized and contains norms inherited from Soviet law. The lack of sanctions against legal entities, the differentiation between negligence and intention, and the disproportionate size of sanctions negatively impact customs enforcement. However, attempts to reform this field have not addressed these problems. The proposals to follow the experience of the EU member states, as a rule, do not consider the work being done to create the Union legal framework for customs infringements and sanctions. The
{"title":"Administrative Penalties for Customs Infringements in Ukraine: Wandering Sideways","authors":"Sergiy Kivalov","doi":"10.26886/2524-101x.8.4.2022.2","DOIUrl":"https://doi.org/10.26886/2524-101x.8.4.2022.2","url":null,"abstract":"The effectiveness of customs enforcement is one of the critical issues of Ukrainian customs legislation. This is due to the emphasis on the fiscal functions of customs and the excessively high share of state revenue administered by customs authorities. Unlike other parts of the Ukrainian customs legislation, the issue of sanctions for customs infringements remains unharmonized and contains norms inherited from Soviet law. The lack of sanctions against legal entities, the differentiation between negligence and intention, and the disproportionate size of sanctions negatively impact customs enforcement. However, attempts to reform this field have not addressed these problems. The proposals to follow the experience of the EU member states, as a rule, do not consider the work being done to create the Union legal framework for customs infringements and sanctions. The","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49053182","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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