scholarly journals Analysis on the Integration Path of “One Belt And One Road” International Railway Transportation Rules

2021 ◽  
Vol 261 ◽  
pp. 03017
Author(s):  
Ruiqi Guo ◽  
Shuyin Zhang ◽  
Zhuangzhi Zhang ◽  
Kunmin Wang ◽  
Yinghui Cai ◽  
...  
Keyword(s):  
Dispute Settlement ◽  
Freight Transport ◽  
Railway Transport ◽  
Railway Transportation ◽  
Dispute Settlement Mechanism ◽  
Logistics System ◽  
Railway Freight ◽  
The Status ◽  
Settlement Mechanism ◽  
Railway Freight Transport

With the rapid growth of Sino-European international trade and the ongoing development of “One Belt And One Road”, it can be predicted that the status of railway transportation in the international logistics system will be greatly enhanced, which urges us to further study the rules of international railway freight transportation. At present, the pattern of the rules system of international freight transport by railway is the two conventions of the international cargo association and the international cargo contract. In addition, the existing rules system of freight transport by railway in China also has some problems such as being too administrative, which needs to be reformed urgently. By comparing the contents of the two conventions of international railway freight transport and listing the possible conflicts in the substantive laws of various countries involved in the conventions, this paper designs a set of dispute settlement mechanism for “One Belt And One Road” railway transport, and puts forward some suggestions on the integration of the rules of “One Belt And One Road” international railway freight transport.

Exploring Aggressive Legalism: Is Now A Good Time to Promote This Approach in Greater Asia?

2015 ◽  
Vol 6 (1) ◽  
Author(s):  
Yi Lu
Keyword(s):  
Developing Countries ◽  
International Trade ◽  
Dispute Settlement ◽  
Good Time ◽  
Asian Countries ◽  
Dispute Settlement Mechanism ◽  
Wto Dispute Settlement ◽  
The Status ◽  
Settlement Mechanism ◽  
Asian Developing Countries

AbstractAggressive legalism, a trade policy-making strategy targeted at actively utilizing WTO rules to defend trade interests, has greatly benefited major Eastern Asian countries in past years. This paper examines whether this strategy should be promoted around greater Asia in this era. First, this paper updates the status of adoption of aggressive legalism in East Asian countries including Japan, Korea and China. Second, it looks into the current and possible future utilization of the WTO Dispute Settlement Mechanism by selected countries which are frequent “targets” of trade remedy measures, namely India, Thailand and Indonesia. Finally, it discusses the participation of Asian developing countries in the WTO. Relying upon case studies and statistical analysis, the author finds that Asian countries’ rising image in international trade signals a trend of adopting aggressive legalism in Great Asia. This trend will undoubtedly promote the energetic development of international trade globally. However, room for more progressive participation in the WTO still exists, especially in developing countries.

scholarly journals Analysis of freight railway transport in selected Eurasian transport corridors

2018 ◽  
Vol 19 (6) ◽  
pp. 1039-1045
Author(s):  
Maciej Grzywna ◽  
Maciej Szkoda
Keyword(s):  
International Trade ◽  
Freight Transport ◽  
Railway Transport ◽  
Railway Freight ◽  
Railway Freight Transport

The article presents an analysis of railway freight transport in selected Eurasian transport corridors. The role of railway transport in shaping the single European transport area and the benefits resulting from it have been defined. Technical barriers to the implementation of intercontinental traffic were presented and initiatives to activate international trade were discussed.

scholarly journals Legal Protection of Flat Buyers Whose Land is Actually Being Secured with Hak Tanggungan

NORMA ◽  
2021 ◽  
Vol 18 (1) ◽  
pp. 47
Author(s):  
Karina Shandy
Keyword(s):  
Dispute Settlement ◽  
Legal Protection ◽  
Land Rights ◽  
Dispute Settlement Mechanism ◽  
Legal Research ◽  
The Status ◽  
Compensation Claims ◽  
Settlement Mechanism

The study, entitled legal protection of flat buyers whose land is actually being secured with Hak Tanggungan, first aims to find out and analyze how disputes are resolved for flats buyers who experience law execution of their future apartment units because the land rights are secured. This is normative legal research that will explore the contents of statutory regulations. The results of this research are that several instruments exist as a unit in purchasing an apartment/flats, one of which is PPJB, the status of the buyer is as a buyer, not bezitter, eignar, or non-litigation channels with specific steps prioritize detentor, the dispute settlement mechanism according to the Agreement in the PPJB. Following statutory regulations, however, the buyer can still take the litigation route as a mechanism for settling the dispute, with compensation claims and suit for default based on the existing PPJB.Keywords: PPJB, Flat, Hak Tanggungan

scholarly journals Analysis of the Organisation of Railway Freight Undertaking: A Case Study of HŽ Cargo Ltd.

2018 ◽  
Vol 235 ◽  
pp. 00001
Author(s):  
Borna Abramović ◽  
Denis Šipuš ◽  
Martina Ribarić
Keyword(s):  
Freight Transport ◽  
Railway Transport ◽  
Transport Services ◽  
Railway Freight ◽  
Potential Benefits ◽  
Market Liberalisation ◽  
The Impact ◽  
A Company ◽  
Railway Freight Transport

Organisation is a significant segment of every enterprise, and so is the case with companies providing railway freight transport services. The success of a company depends on the organisational structure that makes it much easier to conduct business owing to the clearly defined hierarchy and responsibilities that lead to the ultimate goal – freight transport. This paper defines and describes railway freight transport, as well as the impact of freight transport market liberalisation on the sole organisation of a company. Moreover, various organisational schemes are analysed along with their potential benefits for the railway transport. The organisation of HŽ Cargo Ltd. is shown together with an outline of business activities of certain organisational units of the company.

The Legitimate Regulatory Distinction Test: Incomplete and Inadequate for the Particular Purposes of the TBT Agreement

2016 ◽  
Vol 15 (4) ◽  
pp. 543-562 ◽  
Author(s):  
JASON HOUSTON-MCMILLAN
Keyword(s):  
Dispute Settlement ◽  
Technical Barriers To Trade ◽  
Dispute Settlement Mechanism ◽  
Appellate Body ◽  
The Creation ◽  
The Cost ◽  
Special Circumstances ◽  
Settlement Mechanism

AbstractPrior to 2011, the Agreement on Technical Barriers to Trade had been somewhat neglected as a dispute-settlement mechanism, due in part to the lack of previous interpretation of the Agreement by WTO DSB Panels. In 2012, the Appellate Body adjudicated on three TBT disputes:US–Clove Cigarettes, US–Tuna II, andUS–COOL, aiming to officially interpret and clarify Articles 2.1 and 2.2 of the Agreement by creating a distinct test for a measure's consistency with these Articles. This paper explores the relevant decisions of both the Panel and Appellate Body in the three disputes which led to the creation of the ‘legitimate regulatory distinction’ test. The substance behind this phrase, placed in context, is dissected along with the associated idea of ‘even-handedness’. The test attempts to simplify future interpretations regarding what will constitute unjustifiable discrimination, but at the cost of the necessary distinction between the GATT and the TBT Agreement being blurred. The result is a test which is incomplete and which fails to take account of the special circumstances surrounding the TBT Agreement.

EUROPEAN UNION IN WTO’S DISPUTE SETTLEMENT SYSTEM

2020 ◽  
Vol 4 (XX) ◽  
pp. 33-49
Author(s):  
Małgorzata Czermińska
Keyword(s):  
European Union ◽  
Dispute Settlement ◽  
World Trade Organisation ◽  
The European Union ◽  
Dispute Settlement Mechanism ◽  
Settlement System ◽  
Dispute Settlement System ◽  
Trade Conflicts ◽  
Settlement Mechanism ◽  
Descriptive Method

The World Trade Organisation (WTO) serves as a forum for co-operation, currently for as many as 164 countries, and in addition, it allows for the resolution, also amicably, of trade conflicts between parties, consequently, settling disputes between them. One of essential provisions of the Uruguay Round (UR) of the General Agreement on Tariffs and Trade (GATT) included the introduction of a new dispute settlement mechanism, that is to say, the Dispute Settlement Understanding (DSU), which became effective on 1 January 1995. Member States of the European Union were not only actively involved in developing the rules of the international trade system, but they also influenced, to a large extent, the form of both such rules and of ongoing trade negotiations, as well as they assumed and still assume responsibility for the final arrangements. Hence, their role in the multilateral trade system is both active and passive. This paper aims to demonstrate the functioning of the WTO’s dispute settlement mechanism and show the role which the European Union serves in this system. The Article employs an analytical and descriptive method. It draws on sources from the national and international literature and WTO’s databases.

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