The concept and basis of responsibility in international cargo transportation by sea

2021 ◽  
Vol 67 (06) ◽  
pp. 85-90
Author(s):  
Aytac İlham qızı Cəfərova ◽  
Keyword(s):  
International Law ◽  
Key Words ◽  
Prima Facie ◽  
Subject Area ◽  
Direct Impact ◽  
Main Subject ◽  
Legal Relationship ◽  
The Subject ◽  
Cargo Transportation ◽  
The Republic

The article examines the concept and basis of responsibility in international sea freight. The relations arising in international cargo transportation by sea have a direct impact on the subject area of the institution of responsibility in this area. First of all (prima facie), the carrier and the consignor have mutual rights and obligations. However, the legal relationship between the consignee and the consignor also affects the legal relationship with the carrier, and the carrier acts as the main subject of the relevant liability. Accompanying the guilty and innocent carrier in international cargo transportation by sea is the responsibility. In both cases, the legislation of the Republic of Azerbaijan contains appropriate forms of liability. However, there is a need in the legislation of the Republic of Azerbaijan to bring absolute or objective responsibility in line with international law. In particular, the liability provisions of the legislation on sea freight must include an "institution of liability", formed in accordance with the "immunity catalog" or "exclusion catalog". In this case, the carrier is absolutely responsible for everything that does not belong to the "immunity catalog", and the problem of liability for guilt is not the subject of discussion. Key words: conosament, liability, international carriage, carriage of goods by sea, Hamburg rules, legislation, conventions norms, Rotterdam Rules, law

scholarly journals Leadership style and employee readiness: Basic factors of leadership efficiency

2021 ◽  
Vol 26 (1) ◽  
pp. 53-65
Author(s):  
Marijana Rodić ◽  
Slobodan Marić
Keyword(s):  
Leadership Style ◽  
Principal Component ◽  
Subject Area ◽  
Hierarchical Regression ◽  
Significant Research ◽  
Repeated Sampling ◽  
The Subject ◽  
The Republic ◽  
New Variables ◽  
The Impact

The scope of this study is based on the Situational Leadership Theory according to the model created by Hersey and Blanchard, predominantly defined by two research sub-fields: leadership style and readiness of employees. This model distinguishes four different leadership styles, while the subject area of readiness of employees comprises two components: readiness of employees based on the competency component and readiness of employees based on a psychological (motivational) component. The subject matter of the study is to identify leadership style as a new variable which will be utilized for determining the interdependence with leadership efficiency levels and readiness of employees. Leadership efficiency is determined by the degree of compatibility between the dominant style of leadership and the level of readiness of employees. In addition to the main objective of the research, aimed at determining leadership efficiency, significant research findings come as a result of specific objectives. That is impact of the dominant leadership style on readiness of employees and leadership results, based on each specific component. The sample will be a random sample from a finite population of units, with repeated sampling and known probability sampling. A sample of size n=100, with a proportion of 0.10, is based on a list of top 100 biggest companies in the Republic of Serbia in 2019. The application of Principal Component Analysis aims to identify new variables in the form of regression coefficient results, while the application of the hierarchical regression model will help determine the impact of each leadership style on readiness of employees. The study findings confirm the basic hypotheses of the aforementioned model, with regard to the results of leadership efficiency, as well as its impact of each leadership style on readiness of employees.

IV Trust Arbitration as a Matter of International Law, 20 International Enforcement of an Arbitration Provision in a Trust: Questions Involving the New York Convention

2016 ◽  
Author(s):  
Moses Margaret L
Keyword(s):  
New York ◽  
United Nations ◽  
International Law ◽  
State Party ◽  
Arbitration Clause ◽  
Legal Relationship ◽  
Recognition And Enforcement ◽  
The Subject ◽  
United Nations Convention ◽  
New York Convention

This chapter considers whether an arbitration clause that requires all disputes arising out of a trust instrument to be arbitrated can be enforced under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, more commonly known as the New York Convention. To address the question of whether a mandatory arbitration provision in a trust instrument falls within the scope of the Convention, a court must consider: whether the dispute is capable of settlement by arbitration; whether there is an agreement in writing to arbitrate the subject of the dispute and whether that agreement binds all the parties to arbitration; whether the dispute is foreign; in some cases, whether the agreement arises out of a legal relationship, contractual or not, which is considered ‘commercial’; and (v) in some cases, whether the agreement provides for arbitration in the territory of a state party to the convention (Contracting State).

The Development and Formation of International Law

1912 ◽  
Vol 6 (1) ◽  
pp. 1-29 ◽  
Author(s):  
Ernest Nys
Keyword(s):  
International Law ◽  
The Political ◽  
Human Reason ◽  
The Earth ◽  
The People ◽  
The Subject ◽  
The Republic ◽  
Civil Laws

“Law in general,” says Montesquieu, “is human reason so far as it controls all the people of the earth, and the political and civil laws of each nation can only be considered as individual cases in which this human reason is applied.” Reason was held by the Romans to constitute one of the fundamental elements of law. Cicero announced the existence of “a veritable law, true reason (recta ratio), in conformity with nature, universal, immutable and eternal, the commands of which constitute a call to duty and the prohibitions of which avert evil.”It is at present unnecessary to consider what influence the Stoic, Academic and Epicurean doctrines had on Roman jurisprudence, and it would be risky to support as absolutely final any view which might be expressed on the subject. During the last phases of the Republic there had already come to exist in the world’s capital a fusion of the different schools of philosophy; and traces of the Platonic teachings constantly appear in the expression of the great orator’s lofty thought.

scholarly journals Military Law in the Republic of Poland

2020 ◽  
Vol 5 (2) ◽  
pp. 28-34
Author(s):  
Mariusz Antoni KAMIŃSKI
Keyword(s):  
International Law ◽  
Armed Forces ◽  
Extensive Field ◽  
Subject Specific ◽  
The Subject ◽  
The Republic ◽  
Military Law ◽  
The One ◽  
Source Materials

The article presents an analysis of military law in the legal system of the Republic of Poland. On the one hand, it is a very specialized area of law, and on the other, it is a very extensive field regulated in several hundred national legal acts of varying importance (universally and internally binding), as well as by international law. The author attempts to organize the subject matter of military law and to specify its elements divided into subject-specific blocks. At the same time, in order to ensure a better understanding of the nature of military law, the article discusses the role of the Armed Forces of the Republic of Poland in times of peace, crisis, and war.The author used critical analysis of literature on legal science and security sciences, and source materials: mainly acts of universally binding law (the Constitution, acts, and regulations), as well as acts of internally binding law (instructions, ordinances, resolutions, decisions, guidelines, and agreements of various state authorities).

scholarly journals TERMINOLOGY AS THE CORNERSTONE OF THE DEFENCE AND MILITARY PROFESSION – THE CASE OF NATO'S STRATEGIC COMMUNICATIONS CONCEPT

2020 ◽  
pp. 89-108
Author(s):  
NINA RADUHA ◽  
IRIS ZNIDARIC
Keyword(s):  
Key Words ◽  
Strategic Communication ◽  
Strategic Communications ◽  
Theoretical Part ◽  
Subject Specific ◽  
The Subject ◽  
Military Profession ◽  
The Republic

In 2009, NATO adopted the Strategic Communications Concept. In the period when we are acquainting ourselves with this concept in the Republic of Slovenia, adopting the prescribed standards in this field and deciding on the breadth of its use, we also began to regulate the subject-specific terminology. In the theoretical part of the article we thus present some basic premises of terminology as a science and the NATO's Strategic Communications Concept, while the empirical part presents the process of identifying the appropriate Slovenian term for this concept. Key words Strategic communications, strategic communication, terminology, NATO, StratCom.

scholarly journals On Issue of the Subject Matter of International Law Philosophy

2019 ◽  
Vol 6 (2) ◽  
pp. 42-52
Author(s):  
Mark Vladimirovich Shugurov
Keyword(s):  
International Law ◽  
Conceptual Model ◽  
Subject Matter ◽  
Contemporary Philosophy ◽  
Main Subject ◽  
Scientific Methods ◽  
Philosophical Foundations ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject

This article offers a comprehensive view of most significant aspects of the subject matter of international law philosophy. The purpose is a framing the conceptual model of its subject matter and is to identify general themes of further discussion. The methodology of research conducted consists of the general scientific methods of analysis and synthesis, generalization and abstracting. The author has used the system principle and the historical principle. As results of given study are following: justifying the idea of international law as a main subject matter of respective philosophy; explicating the content of the notion “contemporary philosophy of international law”; demonstrating the differences between theory of international law and international law philosophy. The conclusions drawn are conceptual provisions that, firstly, international law philosophy is an independent legal science. Secondly, its vocation is to investigate not only philosophical foundations of international law but also philosophical foundations of international law doctrine. Thirdly, the contemporary international law philosophy must provide the dialog between versions of understanding of international law that are typical for various civilizations.

scholarly journals The Implementation of International Agreements in the Polish Legal System. The Selected Aspects of Practice in Recent Two Decades

2020 ◽  
Vol 9 (1) ◽  
pp. 125-151
Author(s):  
Łukasz Kułaga
Keyword(s):  
International Law ◽  
Legal System ◽  
International Agreements ◽  
Domestic Space ◽  
The Subject ◽  
The Republic ◽  
Council Of Ministers ◽  
Legal Character ◽  
Domestic Law

The issue of the implementation of international agreements in the domestic legal system is of substantial significance. It guarantees the efficiency of international law in the domestic space. The article presents the selected aspects of this process in reference to the practice of the Republic of Poland, within the last two decades with the particular consideration of the position of the Council of Ministers in this respect. The subject of analysis is the legal character (and its sources) of the obligation of the implementation of treaties, both at the level of international and domestic law. Subsequently, the conditions of the implementation have been considered, including the costs and the issue of application of international agreements. The consequences of non-implementation of a treaty for enforceability of its provisions within the Polish legal system constitute the subject of the analysis in the last section of the paper.

scholarly journals The rule of law in international law and its application in practice

2021 ◽  
Vol 93 (4) ◽  
pp. 994-1006
Author(s):  
Stefan Dugajlić
Keyword(s):  
International Relations ◽  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
Direct Impact ◽  
International Level ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
International Regulations ◽  
The Subject

The subject of this article is to point out that the rule of law, often characterized as a national concept, crosses the national borders of sovereign states, and that the field of the rule of law has a direct impact on international law, relations between states, individuals and states, and between individuals. The increasing and more frequent interaction of the above subjects in international relations has led to the need to constitute certain rules - regulations, more precisely international law, and to ensure its enforcement, and to protect the subjects from possible violations of it. The rule of law becomes even more represented at the international level, with the establishment and later with the activities of international organizations such as: the United Nations, Council of Europe, European Union. By acceding to those organisations, by actively participating in instituting regulations and applying them, directly or through ratification, states renounce the acts of their sovereignty in a certain manner, accepting and enforcing those regulations, thus giving them a higher place in the hierarchy of regulations than national law. This article describes the path of the rule of law from the Grand Charter of Freedoms (Magna Carta Libertatum), as a national concept, to the present, where the rule of law has a strong and indispensable influence in creation, enforcement and protection of international regulations.

scholarly journals Pluralisme Pengaturan Umur Kecakapan Dalam Pembebanan Hak Tanggungan

Acta Comitas ◽  
2016 ◽  
Author(s):  
I Made Widana Putra
Keyword(s):  
Main Subject ◽  
Power Of Attorney ◽  
Conceptual Approach ◽  
Legal Study ◽  
Existing Problems ◽  
Minimum Age ◽  
The Subject ◽  
Notary Public ◽  
The Republic ◽  
Article 50

SKMHT (Power of Attorney to Grant a Mortgage) shall be concluded through a notarial deed or Land Conveyancer’s deed as regulated in Article 15 paragraph (1) of Law No. 4 of 1996. Article 39 paragraph (1) of Law No. 30 of 2004 in conjunction with Law No. 2 of 2014 stipulate that an appearer before a Notary Public shall be minimum eighteen (18) years old. However, to conclude an SKMHT, PPAT (Land Conveyancer) applies the age requirement of minimum twenty-one (21) years old as regulated in the provision of article 330 of BW (Civil Code of the Republic of Indonesia). As such, there are two (2) contradictive age requirements to conclude an SKMHT, namely horizontal norm conflict (geschijld van normen) between Article 330 of BW and Article 39 paragraph (1) of Law No. 30 of 2004 in conjunction with Law No. 2 of 2004. Apart from the two (2) provisions referred to above, Law No. 1 of 1974 also regulates the age requirement, namely article 47 and article 50. The validity of SKMHT will affect the execution of APHT (Deed of Mortgage Granting) and the registration of mortgage granting. Based on the said backgrounds, the main subject of this study is what the age requirement should be in order to able to conclude an SKMHT, APHT and to register a Mortgage Granting. This study constitutes a normative legal study derived from the existing norm conflict between article 330 of BW and article 39 paragraph (1) of Law No. 30 of 2004 in conjunction with Law No. 2 of 2014, and among article 330 of BW and article 47, article 50 and article 66 of Law No. 1 of 1974. Meanwhile, this study adopts the Statue Approach and Analytical & Conceptual Approach. The legal stuff resources come from primary legal stuff resources and secondary legal stuff resources. The methodology to collect legal stuff resources is the snow ball principle, where the resources were inventoried and identified in order to able to analyze the existing problems in this study. The results of this legal study indicate that normatively, an SKMHT shall be concluded by using the age requirement of eighteen (18) years old. However, Notary Public and PPAT in practice remain to adopt the age requirement of twenty-one (21) years old to conclude an SKMHT. PPAT should also apply the age requirement of eighteen (18) years old to conclude APHT. However, PPAT in practice remain to adopt the age requirement of twenty-one (21) years old. Therefore, the process to conclude an APHT will not be able to be carried out if the subject of notarized SKMHT is eighteen (18) years old. The same also applies to the registration of mortgage granting at the Land Office because the Land Office requires the age requirement of twenty-one (21) years old as regulated in the provision of Article 330 of BW. As a consequence, if the subject has not yet reached the minimum age requirement, the mortgage granting cannot be registered.

scholarly journals The prohibition of financing of terrorism in the light of international law and regulations of the Republic of Serbia

Temida ◽  
2011 ◽  
Vol 14 (2) ◽  
pp. 41-59
Author(s):  
Bajo Cmiljanic
Keyword(s):  
International Law ◽  
International Treaties ◽  
Terrorist Organizations ◽  
Normative Documents ◽  
Legal Documents ◽  
International Obligations ◽  
The Subject ◽  
The Republic ◽  
Financing Of Terrorism ◽  
Terrorist Acts

Terrorist acts are sometimes carried out in order to obtain funds for financing terrorist organizations and terrorist actions. Therefore, due attention in considering the forms of combat against terrorism has been paid to the connection between money and violence. The issue of prohibition of financing of terrorism is the subject of many international legal documents. Republic of Serbia has devoted many normative documents to this problem, that are harmonized with the international obligations accepted upon the signing of international treaties. The task of this paper is to show the basic norms of international law and the laws of the Republic of Serbia regarding the prohibition of financing of terrorism.

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