Carriage and legal conditions of maritime transport in the process of globalization

Research background: The paper contains a comprehensive analysis of the marine, primarily from the perspective of English law but with reference to cases in other major marine developed countries. Coverage includes all the traditional topics, such as bills of lading and charterparties (voyage, time, and demise), and focuses also on each of the international conventions regulating the subject. Additionally, the content extends to such issues as limitation, claims (in the cargo context), and a brief discussion of maritime arbitration. Purpose of the article: The main purpose of this paper is to analyse the bill of lading and other documents of carriage. It also focuses on international carriage measures, such as the Hague, the Hague-Visby, and the Hamburg Rules and discusses current developments towards uniformity. The analysis includes: analysis of shippers’ and carriers’ obligations and the analysis of rights and immunities of the carrier. Methods: The main methods used in this paper are the theoretical methods of analysis and synthesis. Every synthesis is built upon the results of a preceding analysis, and every analysis requires a subsequent synthesis to verify and correct its results. Findings & Value added: The paper seeks to examine in a commercial context the legal problems facing shipowners, charterers, shippers and receivers of goods and the solutions adopted by the courts and international conferences to those problems. Many of the legal principles involved are not restricted to shipping, but serve the wider area of commercial law generally.

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LEGAL REGULATION OF INTERNATIONAL CHARTER AND LINER SHIPPING

Development of Management and Entrepreneurship Methods on Transport (ONMU) ◽

10.31375/2226-1915-2021-3-64-73 ◽

2021 ◽

Vol 76 (3) ◽

pp. 64-73

Author(s):

Alla Palchenko ◽

◽

Elena Pishchanskaya ◽

Keyword(s):

Legal Regulation ◽

Maritime Transport ◽

International Treaties ◽

National Legislation ◽

Legal Norms ◽

Bill Of Lading ◽

Maritime Shipping ◽

International Transport ◽

International Conventions ◽

Conflict Of Law

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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PROBLEMS AND PERSPECTIVES OF THE APPLICATION OF ECONOMIC VALUE ADDED INDICATOR IN VALUE-BASED MANAGEMENT OF ENTERPRISES

Economic Analysis ◽

10.35774/econa2017.03.190 ◽

2017 ◽

pp. 190-198 ◽

Cited By ~ 1

Author(s):

Oleksandr Davydov

Keyword(s):

Systems Approach ◽

Economic Value ◽

Value Added ◽

Economic Value Added ◽

Management Activity ◽

Value Based Management ◽

Management Measures ◽

Analysis And Synthesis ◽

The Subject ◽

Adequate Measurement

The subject of the study is methodology for assessing the economic value added of enterprises for the purposes of value-based management at the microeconomic level. The purpose of the study is to determine the problems and perspectives of applying the indicator of economic value added in value-based management of enterprises on the basis of the essence and peculiarities of the calculation of economic value added, analysis of the degree of integriration of its indicator into the management system using the criterion of maximizing the value of enterprises at the micro level of the economy nowadays. Research methods. The methods of analysis and synthesis, induction and deduction, systems approach, comparative analysis have been used in the research. The results of the research. The genesis of the economic value added index and its difference from the classical measures of profitability of enterprises have been investigated in this article. The essence of economic value added and peculiarities of its definition have been described. The areas of possible application of the indicator of economic value added in the process of assessing the efficiency of enterprises have been defined. The indicative functions of the economic value added indicator in the management activity from the standpoint of the assessment of the degree of efficiency of the use of the capital and dynamics of the value of enterprises have been determined. The way of behavior of the owners of enterprises depending on the variants of values of the indicator of economic value added has been considered. The basic ways of increasing economic value added and management measures on their realization have been singled out. The drawbacks of the use of the indicator of economic value added in value-based management of enterprises have been detercted. The proposals for the improvement of the economic value added as a tool for value-based management of enterprises have been given. The scope of the research results is the development of the method of adequate measurement of economic value added in the process of implementing the concept of value-based management of enterprises. Conclusion. The results of the study show the necessity to improve the economic value added with the help of reflecting the benefits of all key company stakeholders, while taking into account fundamental effects of its performance in the current economic environment.

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Analysis of Global Trends in the Development of Retail Payment Services in the Global Economy

SHS Web of Conferences ◽

10.1051/shsconf/20219203031 ◽

2021 ◽

Vol 92 ◽

pp. 03031

Author(s):

Elizaveta Yakimova ◽

Irina Ershova

Keyword(s):

Global Economy ◽

Systematic Approach ◽

Value Added ◽

Developed Countries ◽

Payment Systems ◽

Global Trends ◽

Globalized Economy ◽

Analysis And Synthesis ◽

Banking Business ◽

Payment Services

Research background: The relevance of the study is confirmed by the fact that large banks of developed countries in the globalized economy receive commission income from settlement transactions at a level comparable to interest income from credit and deposit operations. This significantly increases the profitability of the banking business, reduces risks, makes banks more stable. Thus, payment services to the population in the context of globalization and competition between banks is one of the important business areas. Purpose of the article: Analysis and assessment of development trends of retail payment services in different countries in the context of globalization. To achieve this goal, the following tasks were solved: segments of national payment systems were studied; revealed the main world innovations in the development of retail payment services; The analysis of the main retail payment services in various countries, which characterize the degree of development of the banking business in the context of globalization. Methods: The methodological basis of the study was a systematic approach. In the process, such methods as analysis and synthesis, grouping and analogy methods, a comparative historical approach, economic and mathematical modeling were used. Findings & Value added: As a result of this study, various types of major world innovations in the development of retail payment services were reasonably identified, and based on an analysis of global trends in the development of retail payment services, promising directions for their development were proposed.

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ESSENCE OF SOMATIC HUMAN RIGHTS IN THE PROCESS OF BIOMEDICAL RESEARCH

Wiadomości Lekarskie ◽

10.36740/wlek202110226 ◽

2021 ◽

Vol 74 (10) ◽

pp. 2663-2667

Author(s):

Dmytro M. Bielov ◽

Myroslava V. Hromovchuk ◽

Yaroslav V. Hretsa ◽

Vasyl V. Tymchak

Keyword(s):

Human Rights ◽

Civil Rights ◽

Biomedical Research ◽

Historical Period ◽

Systematic Method ◽

Legal Principles ◽

Historical Method ◽

Analysis And Synthesis ◽

History Of ◽

The Subject

The aim: To study the constitutional and legal principles and the influence of various factors on the mechanism of realization of somatic rights in the process of biomedical research. Materials and methods: Formal-logical methods of analysis and synthesis allowed to reveal the content of the concepts that make up the subject of research, to classify them, as well as to formulate intermediate and general conclusions. The systematic method allowed to study the role and significance of somatic human rights among other human and civil rights and freedoms. Using the historical method, the doctrinal basis of the study was analyzed, and the main stages of the formation of biomedical research with human participation were identified. Conclusions: The historiography of somatic human rights in biomedical research in a broad sense is a field of scientific knowledge. Studies the development of constitutional and legal science and its patterns; in the narrow sense, it is a set of works on various problems of the history of modern constitutionalism, human rights, the influence of religion on human rights and the mechanism of their implementation and protection in a certain historical period.

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TRANSFORMATION OF THE INSTITUTIONAL BASE OF WORLD CARGO TRANSPORTATION

Economic innovations ◽

10.31520/ei.2017.19.2(64).124-128 ◽

2017 ◽

Vol 19 (2(64)) ◽

pp. 124-128

Author(s):

D.V. Kartyshev

Keyword(s):

Legal Status ◽

Regulatory Framework ◽

Vienna Convention ◽

Commercial Law ◽

Bill Of Lading ◽

Trade Turnover ◽

International Transport ◽

The Status ◽

International Conventions

The practice of international merchant shipping and the practice of international trade in goods are interrelated at different levels - from historical to the level of a separate treaty. Here, contracts for the purchase and sale of goods, transportation, insurance, financing, transport and warehouse documents of title are intertwined and interact. The necessary degree of awareness in these issues is an indispensable condition for both successful business activity and for solving the problems of unification of maritime and commercial law. The process of the unification of law began primarily in the field of international transport law. Universal international legal unification of material norms of contracts of sale of goods was held in 1980 in the form of the Vienna Convention. The creation of the Brussels Convention and the Hamburg Rules was preceded by the study of the commercial and economic aspects of the bill of lading in the trade turnover. For example, in 53 paragraphs of the report of the UNCTAD secretariat on a bill of lading, the following issues were covered in various ways: 1) the inversion of a bill of lading; 2) the effectiveness of its role in the sale of goods - in terms of transfer of ownership or risk of damage, as well as in operations related to shipping conditions (for example, FOB, CIF); 3) the role of the bill of lading in the sale of documents; 4) the role of the bill of lading in bank letters of credit; 5) the effectiveness of the bill of lading as a receipt for the goods; 6) the status of a bill of lading as a contract of carriage; 7) the status of a bill of lading as a document of title. In 1996, UNCTAD discussed the proposal to include in its work program a review of existing practices and legislation in the field of international maritime transport of goods with a view to identifying areas that require uniform rules, and with a view to achieving greater harmonization of laws . The proposal was accompanied by information that in existing national laws and international conventions there are significant gaps regarding the functioning of bills of lading and sea waybills, the connection of these transport documents with the rights and obligations of the seller and buyer of goods, the legal status of entities providing financing to one of the parties to the contract of carriage Cargo. In some states there is a regulatory framework for these issues, but it is not uniform. And in many states there is no regulatory framework in this sphere at all. This circumstance is an obstacle to the free movement of goods and increases the value of transactions. The widespread use of electronic means of communication in the transport of goods further exacerbates the consequences of the fragmentation and non-unification of various laws and leads to the need to develop uniform provisions on specific issues related to the use of the applied technologies.

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Concerning the abuse of power by an official

Scientific and Informational Bulletin of Ivano-Frankivsk University of Law Named after King Danylo Halytskyi - Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi ◽

10.33098/2078-6670.2020.9.21.103-110 ◽

2020 ◽

pp. 103-110

Author(s):

Ihor Oheruk

Keyword(s):

Criminal Code ◽

Comprehensive Analysis ◽

Practical Significance ◽

Abuse Of Power ◽

Government Functions ◽

Analysis And Synthesis ◽

The Status ◽

The Subject ◽

Criminal Legislation ◽

Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

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ISLAMIC COMMERCIAL LAW

American Journal of Islam and Society ◽

10.35632/ajis.v14i3.2280 ◽

1997 ◽

Vol 14 (3) ◽

pp. 17-37

Author(s):

Mohammad Hashim Kamali

Keyword(s):

Risk Reduction ◽

Basic Question ◽

Depth Information ◽

Commercial Law ◽

Other Hand ◽

Legal Perspective ◽

Financial Speculation ◽

The Subject ◽

Options Trading

This essay is presented in two sections. Section one is devoted to amarket analysis of options, and section two to a Shari'ah perspective onoptions trading. There is no real shortage of information in the operationalprocedures of options and the various ways in which options areutilized as trading vehicles and hedging and risk-reduction devices. Onthe other hand, there is a shortage of in-depth information analyzingoptions trading from the perspective of the Shari'ah. The second part ofthis essay is tentative, in part because certain aspects of the issue needfurther development and research. The literature on the subject is in itsearly stages and has not reached a stage where consensus on issues canbe identified. This is borne out perhaps by the divided opinion that wehave at present over the basic question of the validity or nonvalidity ofoptions from an Islamic legal perspective. I shall review these twoopposing currents of opinion in due course. Suffice it here to note thatthis presentation does not seek to advocate the validity of those varietiesof options which either directly or indirectly proceed on the charging offixed interest to accounts. This may be said to be one of the distinctivefeatures of the Shari'ah perspective on options-just as it is of all varietiesof commercial transactions in Islamic law.My review of the mechanics of options trading in the first section ofthis essay broadly indicates that options trading does not proceed oncharging of fixed interest, nor does it involve unwarranted risk takingand uncertainty (gharur). Options trading has a logic of its own, whichis dominated by the idea of risk reduction and hedging against excessivelylarge positions in its underlying assets. From the perspective ofIslamic law this aspect of options is attractive and hence, from this perspectiveI make the case for the legality of options. I may also add herein passing that options trading cannot be equated with gambling or overindulgencein financial speculation. as it is basically designed to ...

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The Central Snitch Squad at the Saint-Petersburg Security Department as the Subject of Ensuring the Security of the Head of State in the Russian Empire

Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia ◽

10.35750/2071-8284-2020-1-30-36 ◽

2020 ◽

Vol 2020 (1) ◽

pp. 30-36

Author(s):

Anton Matveev

Keyword(s):

Russian Empire ◽

Job Descriptions ◽

Saint Petersburg ◽

National Importance ◽

Legal Literature ◽

Head Of State ◽

Analysis And Synthesis ◽

Normative Basis ◽

The Subject ◽

The Russian Empire

The article is devoted to the organization and activities of the Central Snitch Squad at the Saint-Petersburg Security Department for ensuring the security of the head of state in the Russian Empire. The normative basis for the activities of agents of the Central Snitch Squad and the specifics of implementation of their job descriptions are described in the article. The Central Snitch Squad was a separate division of the Search and Surveillance Service of the Russian Empire, which solved the various and most complex tasks of search-and-surveillance. The Central Snitch Squad operated until the fall of the monarchy in February 1917, but the experience gained by it in fulfilling tasks of national importance continues to be used in modern Russia. At the same time, the issues of the organization and functioning of the Central Snitch Squad have not received a comprehensive analysis yet. One of the activities of the Central Snitch Squad, which has not received proper coverage in historical and legal literature, is the protection of imperial majesties in the Russian Empire at the beginning of the 20th century. Therefore, its regulation and implementation has become the subject of this article. The main and integrating method of research on the organization and activities of the Central Snitch Squad was the method of materialist dialectics. General logical (deduction, induction, analysis and synthesis), general scientific (systemic, structural-functional, typologization) and special (formal-legal, historical-legal, comparative-legal, interpretations of regulatory legal acts, sociological and statistical) methods of legal research were used. It was concluded that the protection of imperial majesties and the highest persons in the Russian Empire was one of the most important areas of activity of the gendarmerie. The simultaneous existence of three different divisions that guarded the emperor ‒ the Central Snitch Squad, the Security Unit and the Security Agency led to duplication of agents activities and inconsistent actions of the units. The Central Snitch Squad of the Saint-Petersburg Security Department has accumulated a variety of search-and-surveillance experience that can be used to solve problems of national importance in modern Russia.

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The Laws of Hammurabi

10.1093/oso/9780197525401.001.0001 ◽

2020 ◽

Author(s):

Pamela Barmash

Keyword(s):

Eighteenth Century ◽

Roman Law ◽

Intellectual Culture ◽

Biblical Law ◽

Intellectual Tradition ◽

Legal Principles ◽

Copernican Revolution ◽

The Subject ◽

The Law

The Laws of Hammurabi is one of the earliest law codes, dating from the eighteenth century BCE Mesopotamia (ancient Iraq). It is the culmination of a tradition in which scribes would demonstrate their legal flair by composing statutes on a repertoire of traditional cases, articulating what they deemed just and fair. The book describes how the scribe of the Laws of Hammurabi advanced beyond earlier scribes in composing statutes that manifest systematization and implicit legal principles. The scribe inserted the statutes into the structure of a royal inscription, skillfully reshaping the genre. This approach allowed the king to use the law code to demonstrate that Hammurabi had fulfilled the mandate to guarantee justice enjoined upon him by the gods, affirming his authority as king. This tradition of scribal improvisation on a set of traditional cases continued outside of Mesopotamia, influencing biblical law and the law of the Hittite Empire and perhaps shaping Greek and Roman law. The Laws of Hammurabi is also a witness to the start of another stream of intellectual tradition. It became a classic text and the subject of formal commentaries, marking a Copernican revolution in intellectual culture.

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Offshore Claims and Problems in the North Sea

The American Journal of International Law ◽

10.2307/2196753 ◽

1965 ◽

Vol 59 (3) ◽

pp. 505-522 ◽

Cited By ~ 5

Author(s):

Richard Young

Keyword(s):

North Sea ◽

Large Scale ◽

Geneva Convention ◽

Legal Principles ◽

The North ◽

Legal Problems ◽

The North Sea ◽

The Subject ◽

First Time ◽

Economic Considerations

The possible presence of very large petroleum and natural gas reserves in the area beneath the North Sea is currently the subject of intense investigation. If confirmed, as seems likely in at least some localities, this occurrence will raise legal problems of considerable interest and complexity. For the North Sea is not merely an oilfield covered by water: for centuries it has been one of the world's major fishery regions and the avenue to and from the world's busiest seaports. Thus all three of the present principal uses of the sea—fishing, navigation, and the exploitation of submarine resources—promise to meet for the first time on a large scale in an area where all are of major importance. The process of reconciling the various interests at stake will provide the first thoroughgoing test of the adequacy and acceptability of the general principles laid down in the 1958 Geneva Convention on the Continental Shelf and should add greatly to the practice and precedents available in this developing branch of the law. In the present article an attempt is made to review some of the geographical and economic considerations involved in the North Sea situation, to note some of the technical and legal developments that have already taken place, and to consider these elements in the light of the various interests and legal principles concerned.

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