scholarly journals Tanggung Gugat Pengangkut Terhadap Keterlambatan Pengiriman Barang pada Angkutan Transportasi Laut

2021 ◽  
Vol 3 (1) ◽  
pp. 113
Author(s):  
Al Asgar Kamaluddin ◽  
Guswan Hakim ◽  
Jabalnur Jabalnur ◽  
Deity Yuningsih
Keyword(s):  
Bill Of Lading ◽  
The Hague

Bahwa Tanggung gugat pengangkut berdasarkan Pasal 468 KUHD dan Konvensi Brussel 1924 dalam hal terjadi deviasi karena menghindari suatu kejadian alam yang tidak pernah diperhitungkan maka Pengangkut harus dibebaskan dari Tanggung gugat. Penyelesaian suatu sengketa dalam pengangkutan barang melalui laut pada umumnya telah diatur dalam konosemen atau Bill of Lading sebagai persyaratan pengangkutan (condition of carriage) sebagaimana tercantum dalam cassatoria clause. Karena peraturan di dalam B/L dibuat secara sepihak yaitu dari pihak carrier saja maka untuk melindungi kepentingan pengirim dan penerima perusahaan pelayaran menunjuk pada hukum yang tertinggi (paramount clause) yang digunakan untuk menyelesaikan sengketa dengan pengirim dan penerima. Untuk perusahaan pelayaran samudera menunjuk hukum yang tertinggi The Hague-Visby Rules 1924, The Hamburg Rules 1978, atau USA Cogsa 1936 di samping hukum dari Negara asal pelayaran tersebut dan Negara asal barang. Sedangkan pengaturan pada pelayaran nusantara mengacu pada Pasal 470 KUHD. PT. Buana Benua Shipping Service Cabang Kolaka, sebagai agen dari Marfret Line mempunyai Bill of Lading yang menganut paramount clause hukum Perancis dan menganut hukum setempat dimana barang berasal jika terjadi suatu sengketa.

Legal Aspects of Incorporation of Clause Paramount in Time Charters, Voyage Charters and Bills of Landing

2021 ◽  
Author(s):  
◽  
Artem Shchukin
Keyword(s):  
Legal Aspects ◽  
Third Parties ◽  
International Treaty ◽  
Bill Of Lading ◽  
The Hague ◽  
The Way

The main purpose of this thesis is to examine the effect of a clause paramount in bills of lading and charterparties and to clarify how this clause is interpreted by English courts. The primary complexity that arises in the bill of lading context comes from the scope of the incorporated Hague or Hague-Visby Rules, which depends on the different variants of clause paramount, applicable statute and the country of shipment. In the charter party context, a clause paramount has created a great deal of difficulty with the construction of contracts, especially in regard to the significance of the word “paramount” and the extent to which the incorporated articles override other provisions in a charterparty. The thesis is divided into two parts: Part One is focused on the structure and interpretation of the Hague Rules as an international treaty. It examines the purpose of a clause paramount, based on its wording and different scenarios, and deals with contractual interpretation when the Rules are given effect by “force of law” or incorporated purely by contract. Part Two investigates the way how a Clause Paramount, when incorporated in the contract, affects the parties’ rights and obligations. It specifically deals with the fundamental obligation of seaworthiness and the secondary functions of the carrier. It examines the protection of third parties and investigates the interplay of Clause Paramount with the terms of the Inter-Club Agreement.

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

2021 ◽  
Vol 92 ◽  
pp. 09014
Author(s):  
Jarmila Sosedová ◽  
Andrea Galierikova
Keyword(s):  
Value Added ◽  
Developed Countries ◽  
Maritime Transport ◽  
Commercial Law ◽  
Legal Principles ◽  
Bill Of Lading ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Hague ◽  
International Conventions

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.

Suicidal Behavior in Four Ethnic Groups in The Hague, 2002–2004

Crisis ◽  
2009 ◽  
Vol 30 (2) ◽  
pp. 63-67 ◽  
Author(s):  
Irene Burger ◽  
Albert M. van Hemert ◽  
Willem J. Schudel ◽  
Barend J.C. Middelkoop
Keyword(s):  
Suicide Attempt ◽  
Ethnic Groups ◽  
Suicidal Behavior ◽  
Emergency Service ◽  
Attempted Suicide ◽  
Public Health Problem ◽  
Specific Rate ◽  
Completed Suicide ◽  
The Hague ◽  
Psychiatric Department

Background: Suicidal behavior is a severe public health problem. Aims: To determine the rates of attempted and completed suicide among ethnic groups in The Hague, The Netherlands (2002–2004). Methods: By analyzing data on attempted and completed suicide (from the psychiatric department of general medical hospitals; the psychiatric emergency service and the municipal coroners). Results: Turkish and Surinamese females aged 15–24 years were at highest risk for attempted suicide (age-specific rate 545 / 100,000 and 421 / 100,000 person-years, respectively). Both rates were significantly higher than in the same age group of Dutch females (246 / 100,000 person-years). Turkish (2%) and Surinamese (7%) had lower repeat suicide-attempt rates than did Dutch (16%) females aged 15–24. Significantly lower suicide-attempt rates were found for Surinamese than for Dutch females aged 35–54 years. Differences were not explained by socioeconomic living conditions. The ratio fatal/nonfatal events was 4.5 times higher in males than in females and varied across age, gender, and ethnicity strata. Completed suicide was rare among migrant females. No completed suicides were observed in the Turkish and Surinamese females aged 15–24 years. Conclusions: The study demonstrates a high risk of attempted suicide and a low risk of completed suicide among young Turkish and Surinamese females.

Improving outcomes: Factors influencing help-seeking behaviors in immigrants and ethnic minorities with first-episode psychosis

2016 ◽  
Vol 13 (03) ◽  
pp. 152-157
Author(s):  
A. O. Berg ◽  
K. Leopold ◽  
S. Zarafonitis-Müller ◽  
M. Nerhus ◽  
L. H. Stouten ◽  
...  
Keyword(s):  
Mental Health ◽  
Help Seeking ◽  
Service Use ◽  
First Episode Psychosis ◽  
Pathways To Care ◽  
First Episode ◽  
Factors Influencing ◽  
Increased Risk ◽  
Episode Psychosis ◽  
The Hague

Summary Background: Immigrants have increased risk of a poor recovery from first episode psychosis (FEP). Early treatment can improve prognosis, but having an immigrant background may influence pathways to care. Method: We present research of service use and factors influencing treatment outcome in immigrants with FEP. Service use was assessed in in-patients at an early intervention center in Berlin, Germany. Duration of untreated psychosis and beliefs about illness was assessed in a FEP study in Oslo, Norway and cognitive functioning in patients with FEP schizophrenia from the regular mental health services in The Hague, the Netherlands. The proportion of immigrants in Berlin and Oslo was at level with the local populations, while the proportion in The Hague appeared to be higher. Result: There were clear indications that mental health literacy, probably based in different cultural expectations, were lower in first generation immigrants (FGI). Findings regarding clinical insight were ambiguous. There were also indications that FGI had more cognitive problems, based in higher stress levels or in cognitive styles. Early psychosis services must take issues of immigration and ethnicity into consideration.

The next generation: Experiences of higher educated Turkish-Dutch on The Hague labour market

2014 ◽  
Vol 11 (2) ◽  
pp. 206-217
Author(s):  
Karijn G. Nijhoff
Keyword(s):  
Higher Education ◽  
Qualitative Study ◽  
Labour Market ◽  
Education System ◽  
Minority Groups ◽  
Personal Characteristics ◽  
Market Positioning ◽  
The Hague ◽  
The Relationship ◽  
Dutch City

This paper explores the relationship between education and labour market positioning in The Hague, a Dutch city with a unique labour market. One of the main minority groups, Turkish-Dutch, is the focus in this qualitative study on higher educated minorities and their labour market success. Interviews reveal that the obstacles the respondents face are linked to discrimination and network limitation. The respondents perceive “personal characteristics” as the most important tool to overcoming the obstacles. Education does not only increase their professional skills, but also widens their networks. The Dutch education system facilitates the chances of minorities in higher education through the “layering” of degrees. 

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