INTERNATIONAL LAW ON THE MULTIMODAL CARRIAGE OF GOODS: RECENT TRENDS AND PERSPECTIVES

2017 ◽  
Vol 2 (2) ◽  
pp. 267-284
Author(s):  
Ella Derkach ◽  
Sergei Pavliuk
Keyword(s):  
International Law ◽  
Water Transport ◽  
Critical Review ◽  
Freight Transportation ◽  
Legal Framework ◽  
Legal Issues ◽  
Multimodal Transportation ◽  
Multimodal Transport ◽  
Recent Trends ◽  
International Conventions

Multimodal transport is a systematic combination of different modes of transport such as railway, road and water transport, aviation, and other traditional transport modes that can take advantages of each individual modes and achieve higher efficiency. This paper presents an overview of legal issues concerning the multimodal carriage of goods. The authors focus on the evolution of the international law regulations of the freight transportation with particular reference to the issues connected to multimodal transport. The critical review of existing international conventions and their provisions pertaining to multimodal transportation and the “maritime plus” regime of the Rotterdam Rules is provided. In addition, the problems generated by the lack of uniform multimodal carriage law are highlighted by the authors and the perspectives recommendations concerning multimodal transportation of goods are proposed. These problems will be addressed by means of an analysis of the current legal framework in relation to multimodal carriage and an assessment of how within this framework the law applicable to a multimodal contract may be uncovered.

1 History and Sources

2020 ◽  
Author(s):  
Henckaerts Jean-Marie
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Legal Framework ◽  
Humanitarian Law ◽  
International Court Of Justice ◽  
International Court ◽  
Law Of Armed Conflict ◽  
Rules And Principles ◽  
International Conventions ◽  
The Military

This introductory chapter provides an overview of international humanitarian law (IHL), which is also known as the international law of armed conflict, or simply law of armed conflict (LOAC) or law of war. The rules and principles of IHL seek to limit the effects of armed conflict and at its core, IHL aims to preserve a sense of humanity in time of war. At the same time, IHL has been developed to regulate the social reality that is armed conflict. As such, in order to provide a realistic, and hence useful, legal framework, IHL must also take into account the military needs of parties to an armed conflict in their pursuit of defeating the adversary. The development of particular treaties and specific rules of IHL over time reflects the exercise of finding the correct balance between these humanitarian and military considerations. As a branch of international law, IHL is subject to the general rules of international law, such as those related to sources, treaty interpretation, and state responsibility. The sources of international law are set out in article 38 of the Statute of the International Court of Justice. This provision lists international conventions, international custom, and general principles of law as the main sources of international law in accordance with which the Court is to decide disputes submitted to it.

scholarly journals RESEARCH OF THE WORLD TRENDS OF MULTIMODAL TRANSPORTATION

2021 ◽  
Author(s):  
Svitlana Pron
Keyword(s):  
Transport System ◽  
Freight Transportation ◽  
Integrated Approach ◽  
World Market ◽  
Multimodal Transportation ◽  
Global Trends ◽  
Transport Services ◽  
Multimodal Transport ◽  
The World ◽  
The Moment

The role of multimodal transportation in the world market of transport services is defined in the article. Emphasis is placed on the significant pace of its development in a number of countries (first of all in the EU, the USA and China). It made it possible to minimize costs and increase interest to the countries in the international transportation system. It is established that development of multimodal (combined) transportation is considered to be promising in the growth of the transport system of Ukraine. International conventions and regulations of the world’s leading countries are analyzed. Typical features of multimodal transportation are singled out. Namely: implication of two or more modes of transport under one contract in the process of transportation; freight transportation under one document (through bill of lading); use of through tariff rate; presence of one of responsible parties – multimodal transport operator, that is responsible for freight from the moment of taking it under control up to the moment of its transfer to the consignee. Based on the study of the global trends in development of multimodal transportation, practices, which are of interest for further introduction in Ukraine, are defined. Namely: introduction of the effective transport policy in this field and creation of the regulatory base; development of multimodal transportation on the basis of the integrated approach, which provides for implementation of the relevant plans and programs; creation of multimodal transport system and new corridors; overcoming the infrastructural imbalance; construction of the modern multimodal logistic centers and their equipment; containerization of freight transportation; development of contrailer connections and expansion of the routes; improvement of services quality by introducing the latest innovative technologies for transportation process organization (use of electronic goods declaration; organization of digital transport corridors; electronic support of any chain of the freight delivery, use of the monitoring system for freight delivery control); implementation of the effective management system for risks arising in the process of multimodal transportation.

South Africa

2019 ◽  
pp. 377-416
Author(s):  
Andrew Boutros
Keyword(s):  
South Africa ◽  
International Law ◽  
International Cooperation ◽  
South African ◽  
Legal Issues ◽  
The South ◽  
Legal Regime ◽  
International Conventions ◽  
Corporate Practice

The South African legal regime recognizes the role of international law and treaties, and much of South Africa’s anti-corruption legislation has been enacted to give effect to various international conventions and treaties. Accordingly, this chapter will discuss and detail the material developments in respect of bribery and anti-corruption legislation and further consider the interplay between applicable South African legislation and international conventions. This chapter will further, inter alia, cover legal issues relating to certain presumptions applicable to statutory offenses, the nature of what is referred to as “facilitation payments,” how “gifts, gratuities and hospitality” are dealt with in terms of applicable legislation, whistle-blower protection, international cooperation and extradition agreements, and the South African corporate practice regarding the foregoing. Where one is in breach of certain anti-corruption legislation, it should be noted that one may inadvertently also be in breach of South African anti-trust legislation, and these issues will be further considered and detailed herein.

scholarly journals International law applicable to urban conflict and disaster

2017 ◽  
Vol 26 (5) ◽  
pp. 553-564
Author(s):  
Ronan McDermott ◽  
Charlotte Luelf ◽  
Laura Hofmann ◽  
Pat Gibbons
Keyword(s):  
International Law ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Issues ◽  
International Human Rights Law ◽  
Legal Analysis ◽  
Comprehensive Overview ◽  
Urban Settings ◽  
Content Type ◽  
Technological Disasters

Purpose The purpose of this paper is to provide a comprehensive overview of the international legal framework governing urban crises arising from conflict, “natural” and technological disasters. Design/methodology/approach The paper deploys legal analysis to the most relevant bodies of international law pertaining to urban crises and systematically outlines the key legal issues arising. Findings International humanitarian law (IHL) and international human rights law (IHRL) provide important protections to vulnerable persons in both human-made and “natural” disaster settings. While the two bodies of law do not draw explicit distinctions between urban and rural settings, their various provisions, and indeed their silence on, crucial issues that would enhance legal protection in urban settings merit greater attention. Research limitations/implications The paper provides an overview of the sources of international law of most relevance to urban crises. Further research is required into how the urban environment influences their application concretely in urban settings. Practical implications In an era when international law is being challenged from many sources and attention is turning to the increasing potential for urban violence and vulnerability, this paper serves to sensitise the disaster management and humanitarian community to the relevance of international legal frameworks to its activities in urban settings. Originality/value This paper considers the most salient international legal issues arising during crises and compares and contrasts how the different bodies of international law (IHL and IHRL) address each of the kinds of crises (conflict, “natural” or technological disaster), respectively.

scholarly journals TOWARDS CREATION OF UNIFIED REGULATION ON SURROGACY IN EUROPE: RECENT TRENDS AND FUTURE PERSPECTIVES

2020 ◽  
Vol 73 (12) ◽  
pp. 2865-2870
Author(s):  
Roman A. Maydanyk ◽  
Kateryna V. Moskalenko
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Private International Law ◽  
Future Perspectives ◽  
Legal Instrument ◽  
Legal Method ◽  
European Court ◽  
Methods Of Synthesis ◽  
Recent Trends ◽  
The Hague

The aim of this paper is to study the existing international legal framework, regulating international surrogacy agreements and to analyse the possibility of adoption of respective unified European legal instrument. Materials and methods: The article is based on international legal acts, jurisprudence of the European Court of Human Rights, reports and scientific articles. The research is grounded on dialectical, formal logical methods, methods of synthesis and analysis, comparative legal method and the method of modelling. Conclusions: The authors came to conclusion about the necessity of introducing of unified legal instrument dealing with international surrogacy cases. The article illustrates that the work towards harmonization of surrogacy in Europe started at the beginning of 21st century and the experts group of the Hague Conference on Private International Law is currently working on drafting a respective protocol. The authors provide a list of questions that were not noticed by the mentioned experts but should be included in the protocol.

A universal treaty for disasters? Remarks on the International Law Commission's Draft Articles on the Protection of Persons in the Event of Disasters

2017 ◽  
Vol 99 (906) ◽  
pp. 1103-1137 ◽  
Author(s):  
Giulio Bartolini
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Legal Issues ◽  
General Assembly ◽  
Checks And Balances ◽  
Disaster Victims ◽  
United Nations General ◽  
United Nations General Assembly ◽  
Disaster Scenario ◽  
International Law Commission

AbstractThis article analyzes the Draft Articles on the Protection of Persons in the Event of Disasters adopted by the International Law Commission in 2016 in light of the recommendation made by the Commission to elaborate a convention on the basis of this project. While the latter proposal is still under evaluation by the United Nations General Assembly, which has recently decided to postpone its decision until 2020, such a potential outcome would represent a significant novelty in the area of disaster law, currently characterized by a fragmented legal framework and the lack of a universal flagship treaty. The Draft Articles thus aim to provide a systematization of the main legal issues relevant in the so-called disaster cycle, with solutions that accommodate the different interests of actors involved in a disaster scenario – namely, the affected State, external assisting actors and disaster victims – using a complex “checks and balances” approach.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

Transgender Students

2018 ◽  
Author(s):  
Suzanne E. Eckes ◽  
Maria M. Lewis
Keyword(s):  
School Districts ◽  
Gender Identity ◽  
Legal Framework ◽  
Legal Issues ◽  
Cutting Edge ◽  
Legal Authority ◽  
Relevant Research ◽  
Student Records ◽  
Growing Body ◽  
Transgender Students

Controversies over school policies that impact transgender students have garnered increased attention in recent years. For example, some transgender students have been prohibited from using the restroom that aligns with their gender identity, and others have not been addressed by their preferred names. Thus, in this chapter, we focus on cutting-edge issues that relate specifically to transgender students. In doing so we explore the legal landscape related to transgender student inclusion. We will begin with an overview of relevant research, followed by a presentation of the legal framework and finishing with a discussion of important legal issues, including topics such as access to facilities, privacy, pronouns and student records, athletics, and dress codes. As this chapter will demonstrate, unprecedented efforts in research have revealed alarming inequities experienced by transgender individuals. Concurrently, with some limitations or exceptions, there is a growing body of legal authority that has been successfully relied upon to protect the rights of transgender students. To be certain, the law impacting transgender individuals is multifaceted and evolving. Of notable significance, transgender students who have initiated legal claims against school districts for their discriminatory practices have all ended in favorable outcomes for the students.

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