Розвиток методів управління та господарювання на транспорті (Sep 2021)

Legal regulation of international charter and liner shipping

  • Alla Palchenko,
  • Elena Pishchanskaya

DOI
https://doi.org/10.31375/2226-1915-2021-3-64-73
Journal volume & issue
Vol. 3, no. 76
pp. 64 – 73

Abstract

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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 generally accepted 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.

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