scholarly journals The Study of Regulations Governing Shipping Bill of Lading in Iran Laws and International Trade Documents

2016 ◽  
Vol 9 (8) ◽  
pp. 44
Author(s):  
Seyedeh Koyestan Sharify ◽  
Ali Mohammad Mokarrami

The present study deals with review of regulations governing shipping bill of lading in Iran laws and international trade documents through descriptive analysis. In this paper, it is tried to study the concepts of maritime transport contract, legal concept of vessel, shipping bill of lading and its components, the content of shipping bill of lading and its proofing aspects in international conventions and Iran law. The research findings indicate that shipping bill of lading is considered one of the valid documents in international trade and in accordance with the common trade, judicial procedures and the maritime code of Iran and Hamburg convention is considered as a common trade document. In Rotterdam convention, the capability of transferring written and electronic transport record and their transferring procedure as used in trade documents has been mentioned. The value and credit of shipping bill of ladings of goods embarked on deck or clean bill of lading in international trade made such bill of ladings be supported by trade code in international trade and conventions and local regulations of countries such that the transportation agents are prohibited from the right to prove negative of some contents of this document against the holder in good faith of shipping bill of lading.

Author(s):  
Margareta Timbur

The European Union is the best known at the world’s leading trade power and the common trade policy is the core of EU external relations. The events of the last years and the extension of the EU to 27 member proved that the functioning system could no longer continue and was requiring a new institutional framework. The Lisbon Treaty was the right solution. It purposes are to bring changes for the citizens, institutions, external relations foe the consolidation of democracy in EU. This paper attempts to provide an overview of the major revisions introduced by the Treaty of Lisbon regarding the trade policy. Also, it analyses the extension and clarification of EU competence, the greater role of the European Parliament and the inclusion of investment policy in trade policy, the voting rules in trade area and the international negotiation of trade agreements. The study describes, as well, the impact of Lisbon Treaty implementation on the MS which are independent nations, but without power of decision in the common trade policy.


Islamovedenie ◽  
2021 ◽  
Vol 12 (3) ◽  
pp. 89-101
Author(s):  
Dzhamali Tofikovich Kuliev ◽  

This article appears to be the result of extensive research dedicated to the question of the correct use of the common language while studying Islamic legal culture, and particularly the con-cepts of sin and crime. Consisting of the Quran and Sunnah of the Prophet Muhammad, Sharia turns out to be the basis for fiqh and Islamic law. The latter is a legal phenomenon implying differ-ent legal concepts such as crimes. As we can see from the legal works analysed, the authors often synonymise the terms ‘sin’ and ‘crime’; at the same time it is strongly recommended to differentiate these terms in the context of Sharia, fiqh and Islamic law. However, in our opinion, it is necessary to distinguish between these two categories, since Sharia that deals only with sins is a set of reli-gious norms not relevant to law and jurisprudence. There is no doubt that Sharia norms can be re-flected in the law, but it is just another evidence of Islamic law to be based on Sharia. Quite the con-trary, crime is a legal concept established by legislation. There are times when Sharia, legislation and legal doctrines coincide, and the same act can be considered both as a sin and as a crime, but it does not mean that they are identified. Thus, the novelty of the study consists in the distinction between the concepts of ‘sin’ and ‘crime’ in Sharia and Islamic Law. Besides, having finished the research in such categories as ‘qisas’, ‘diya’ and ‘tazir’, the author comes to a conclusion that the states which hold themselves out to be ‘Islamic’ ought to include these types in their legislation. Elsewise, such states do not have the right to be called ‘Islamic’.


Author(s):  
Azab Alaziz Alhashemi

The judiciary is the main means of resolving disputes, but with the development of national and international trade and investment conditions, there is an urgent need to find alternative ways to resolve disputes and keep pace with these developments in world trade. Although arbitration as an alternative means of dispute resolution is older than the judiciary, the old concept of arbitration was closer to reconciliation than conciliation. However, the development of arbitration with the development of international trade and the global investment movement, so that most of the laws of countries around the world have devoted a section to the regulation of arbitration and others to the enactment of laws. This development was illustrated by arbitration procedures and the formation of the arbitral tribunal, which was similar to judicial procedures and formations, and then international conventions and treaties strengthening arbitration provisions and ensuring their implementation. It is no longer an exaggeration that international arbitration is no longer an alternative means of resolving international commercial disputes. On the contrary, it has become the main means of resolving these disputes and, unfortunately, has many disadvantages in the judicial system. It is the prolongation of the conflict and the problems and difficulties of implementation.


2015 ◽  
Vol 12 (1) ◽  
pp. 24
Author(s):  
Owee Kowang Tan ◽  
Sang Long Choi ◽  
Amran Rasli ◽  
Chin Fei Goh

<p>Research Universities in Malaysia are continually strengthening the innovation process with the ultimate aim to improve innovation performance. However, innovation improvement effort requires prior recognition by individual involved that there is need for improvement prior to the execution. Hence, based on performance indicators released by one of Research University in Malaysia, the study identified a Faculty with a relatively low innovation performance, and assesses the innovation performance level perceived by the members of the Faculty. As such, 5 innovation performance measures are identified from literature review and transformed into a survey questionnaire which responded by 62 respondents. Descriptive analysis is performed to rank the perceived innovation performance level and subsequently compared with performance indicators. The research findings present an interesting managerial implication; respondents perceived that innovation performance is maintained at the same level for last 2 years despite performance indicator reflected a decline trend. This issue needs to be addressed for the reason that to achieve desired innovation performance, it is important to have the right employee perception.</p>


2019 ◽  
Vol 10 (12) ◽  
pp. 1183-1199
Author(s):  
Mohammed Alrouili ◽  

This study attempted to identify the impact of internal work environment on the retention of healthcare providers at Turaif General Hospital in the Kingdom of Saudi Arabia. In particular, the study aimed to identify the dimensions of work circumstances, compensation, and relationship with colleagues, professional growth, and the level of healthcare providers’ retention. In order to achieve the study goals, the researcher used the descriptive analytical approach. The researcher used the questionnaire as the study tool. The study population comprised all the healthcare providers at Turaif General Hospital. Questionnaires were distributed to the entire study sample that consisted of 220 individuals. The number of questionnaires valid for study was 183 questionnaires. The research findings were as follows: the participants’ estimate of the work circumstances dimension was high (3.64), the participants’ estimate of the compensation dimension was moderate (3.32), the participants’ estimate of the relationship with colleagues dimension was high (3.62), the participants’ estimate of the professional growth dimension was weak (2.39), and the participants’ estimate of healthcare providers’ retention level was intermediate (2.75). Accordingly, the researcher’s major recommendations are: the need to create the right atmosphere for personnel in hospitals, the interest of the hospital to provide the appropriate conditions for the staff in terms of the physical and moral aspects for building the work adjustment in the staff, and conducting training courses and educational lectures for personnel in hospitals on how to cope with the work pressures.


Author(s):  
Anne Phillips

No one wants to be treated like an object, regarded as an item of property, or put up for sale. Yet many people frame personal autonomy in terms of self-ownership, representing themselves as property owners with the right to do as they wish with their bodies. Others do not use the language of property, but are similarly insistent on the rights of free individuals to decide for themselves whether to engage in commercial transactions for sex, reproduction, or organ sales. Drawing on analyses of rape, surrogacy, and markets in human organs, this book challenges notions of freedom based on ownership of our bodies and argues against the normalization of markets in bodily services and parts. The book explores the risks associated with metaphors of property and the reasons why the commodification of the body remains problematic. The book asks what is wrong with thinking of oneself as the owner of one's body? What is wrong with making our bodies available for rent or sale? What, if anything, is the difference between markets in sex, reproduction, or human body parts, and the other markets we commonly applaud? The book contends that body markets occupy the outer edges of a continuum that is, in some way, a feature of all labor markets. But it also emphasizes that we all have bodies, and considers the implications of this otherwise banal fact for equality. Bodies remind us of shared vulnerability, alerting us to the common experience of living as embodied beings in the same world. Examining the complex issue of body exceptionalism, the book demonstrates that treating the body as property makes human equality harder to comprehend.


2017 ◽  
Vol 1 (7) ◽  
pp. 18-21
Author(s):  
K Indira Priyadarshini ◽  
Karthik Raghupathy ◽  
K V Lokesh ◽  
B Venu Naidu

Ameloblastic fibroma is an uncommon mixed neoplasm of odontogenic origin with a relative frequency between 1.5 – 4.5%. It can occur either in the mandible or maxilla, but predominantly seen in the posterior region of the mandible. It occurs in the first two decades of life. Most of the times it is associated with tooth enclosure, causing a delay in eruption or altering the dental eruption sequence. The common clinical manifestation is a slow growing painless swelling and is detected during routine radiographic examination. There is controversy in the mode of treatment, whether conservative or aggressive. Here we reported a 38 year old male patient referred for evaluation of painless swelling on the right posterior region of the mandible associated with clinically missing 3rd molar. The lesion was completely enucleated under general anesthesia along with the extraction of impacted molar.


2020 ◽  
Vol 22 (1) ◽  
pp. 59-63
Author(s):  
Ihor Nestoryshen ◽  
◽  
Ivan Berezhnyuk ◽  
Alina Brendak ◽  
◽  
...  

Introduction. The article emphasizes that the current features of the implementation of foreign economic activity require consideration of two factors that are contradictory to each other. In particular, on the one hand, the growth of external threats is forcing the governments of many countries to tighten control measures when crossing the state border of goods and commercial vehicles. On the other hand, according to international conventions and agreements (Kyoto Convention, WMO Framework Standards for Security, WTO Facilitation Agreement), measures to reduce the interference of regulatory authorities in the operational activities of economic operators are envisaged. In this context, the use of risk-oriented customs control tools, which allow simplifying business without reducing the level of national security, is becoming especially important. Purpose. The purpose of the article is to generalize and systematize foreign and domestic approaches to simplification of customs procedures through the use of risk-oriented instruments of customs control, as well as to develop their own proposals for simplification of foreign trade entities in the domestic regulatory field by using subject-oriented criteria. Results. The authors analyzed the provisions of the International Convention on the Simplification and Harmonization of Customs Procedures, the Framework Standards for Security and Facilitation of International Trade, the WTO Agreement on Trade Facilitation, which are provided for significant simplification of international trade procedures by reducing the share of customs inspections and controls. Сustoms security, customs clearance of goods and vehicles on the territory of the subjects of foreign economic activity or in another place permitted by the customs, without the direct participation of customs officials. These measures are based on the widespread use of risk-oriented instruments of customs control. It is noted that some of the provisions of international conventions and agreements on the use of risk-oriented instruments of customs control and simplification of economic operators have been implemented in domestic customs legislation, namely Art. 320 of the Customs Code of Ukraine introduced selective customs control, it is determined that the forms and scope of control sufficient to ensure compliance with legislation on state customs and international treaties of Ukraine in customs clearance are selected by customs (customs posts) based on the results of risk management. Conclusion. The study analyzes the peculiarities of the customs risk management system application in customs control in Ukraine, and offers proposals for the use of subject-oriented criteria of customs control as a simplification for honest economic operators to reduce the selectivity of risk profiles ASUR.


Author(s):  
Timothy Zick

This book examines the relational dynamics between the U.S. Constitution’s Free Speech Clause and other constitutional rights. The free speech guarantee has intersected with a variety of other constitutional rights. Those intersections have significantly influenced the recognition, scope, and meaning of rights ranging from freedom of the press to the Second Amendment right to bear arms. They have also influenced interpretation of the Free Speech Clause itself. Free speech principles and doctrines have facilitated the recognition and effective exercise of constitutional rights, including equal protection, the right to abortion, and the free exercise of religion. They have also provided mediating principles for constructive debates about constitutional rights. At the same time, in its interactions with other constitutional rights, the Free Speech Clause has also been a complicating force. It has dominated rights discourse and subordinated or supplanted free press, assembly, petition, and free exercise rights. Currently, courts and commentators are fashioning the Second Amendment right to keep and bear arms in the image of the Free Speech Clause. Borrowing the Free Speech Clause for this purpose may turn out to be detrimental for both rights. The book examines the common and distinctive dynamics that have brought free speech and other constitutional rights together. It assesses the products and consequences of these intersections, and draws important lessons from them about constitutional rights and constitutional liberty. Ultimately, the book defends a pluralistic conception of constitutional rights that seeks to leverage the power of the Free Speech Clause but also to tame its propensity to subordinate, supplant, and eclipse other constitutional rights.


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