Payment of Canal Dues by Carriers Carrying Out International Overseas Transportation – a Case of Legal Discrimination

Abstract

The article is of a scientific nature and its main goal is to determine whether there is discrimination in the regulatory provisions regarding the payment of canal dues by international overseas carriers. The methodological basis of the research is the use of the comparative approach (comparison of various concepts and provisions regarding the payment of canal dues) and the empirical analysis (study of court practice). The method of the discrimination test is of decisive importance for this paper. The most important conclusions on the discriminatory nature of the regulatory provisions regarding the payment of canal dues by international carriers were formulated due to the use of the discrimination test. It has been proven that the changes in the legislation, which introduced the canal dues for Ukrainian carriers that carry out international overseas transportation, are not discriminatory. It was argued that the discrimination test of the disputed subject and the arguments of its participants should be applied in the process of resolving the dispute regarding the discrimination of legal norms.

Keywords

• discrimination
• international trade
• international law
• canal dues
• judicial protection