scholarly journals The Relationships of Bill of Lading, Charterparty and Other Transport Documents

Author(s):  
Evi Plomaritou ◽  
Yiannis Voudouris

The bill of lading plays a vital role in international trade. In addition, the charterparty is a legal contract of employing a vessel between the shipowner and the charterer. In shipping matters, charterparty and bill of lading are highly important documents since they allocate risks, obligations, rights, earnings, costs and profits between the contracted parties, namely the shipowner (or carrier) and the charterer (or shipper). Therefore, this paper constitutes an overview of the commercial and legal aspects ensued from the relationship between the bill of lading, the charterparty and other documents such as booking note, cargo manifest, mate’s receipt, delivery order etc. Furthermore, this paper examines the life cycle of bill of lading and charterparty in the bulk and liner markets and how this will be affected by the digitalisation in shipping. The analysis is based on the shipping practices followed in accordance with the legal regime of bill of lading and charterparty.

Yuridika ◽  
2012 ◽  
Vol 27 (3) ◽  
Author(s):  
Aktieva Tri Tjitrawati

The implementation of international trade in the forest products that related with sustainable production and consumption cycle process include the legal regime of international trade in natural resources, the State Government exporters and importers, as well as markets in importing countries. International trade law regime is still have a weak role in preventing the illegal logging trade, hence it is required a International Law drafting concepts which can avoid illegal actions by obligating the exporters or the exporter countries with certain obligations. These efforts require a reconceptualization the relationship between trade and environment, which until now are often placed in the same dichotomy.Key Word: Legal Frame, Prevention, Illegal Logging.


2020 ◽  
Vol 3 (2) ◽  
pp. 163-178
Author(s):  
Dwi Putri Sartika Alamsyah ◽  
Slamet Suhartono ◽  
Krisnadi Nasution

AbstractThe purpose of this research is to produce a review related to the exertion of Sui generis Regime in the utilization of Geo Stationary Orbit based on the principles of space law which are examined by comparison of laws and needs between developed and developing countries. This provision was made to provide legal substance related to technical matters and exertion related to the exploration of existing territories in space encompassing the Geo Stationary Orbit slot, and spacecraft  skimming. Developing countries strive to be determined "distinctive legal regime" (Sui Generis Regime) against the Geo Stationary Orbit (GSO) which is a specialty or specificity of existing international legal regimes or has previously been regulated in order not to become a stand-alone law. Research used a normative research using Normative Juridical methods namely by conducting an assessment related to legal aspects or the existence of regulations regarding space surrounding the responsibility of the problem. This is done to obtain data and to be able to analyze the sui generis regime on the exertion of geostationary orbits by Indonesia. The research is more concern related reviews special legal regime on the use of orbital slots which will experience challenges both in juridical and non-juridical terms, with the relationship between international law, this happened because there was no principium load, canon rule, and technical mechanism towards the 1967 space rules amendment. The uncertainty of these rules, especially in the utilization of Geo Stationary Orbit is used as a guideline for the need for the Sui Generis Regime as a regulation for the utilization of GSO which is inseparable from the principiums of space law. This is strengthened to provide benefits in terms of juridical and non-juridical aspects in the use of Geo Stationary Orbit. And aims to use space fairly and toward the interest of every humanity now or future.Keyword: geo stationary orbit; sui generis regime; the principle of spaceAbstrakTujuan [enelitian yaitu untuk menghasilkan ulasan terkait penggunaan Sui generis Regime dalam penggunaan Geo Stationary Orbit berdasarkan prinsip-prinsip hukum ruang angkasa yang dikaji dengan perbandingan hukum dan kebutuhan antara negara maju dengan negara berkembang. Ketentuan ini dibuat untuk memberikan subtansi hukum terkait hal-hal teknis dan penggunaan terkait ekplorasi wilayah yang ada di antariksa melingkupi slot Geo Stationary Orbit, serta peluncuran wahana antariksa. Negara-negara berkembang lebih mengupayakan agar dapat ditetapkannya “suatu rezim hukum khusus” (Sui Generis Regime) terhadap Geo Stationary Orbit (GSO) yang merupakan spesialisasi atau kekhususan dari rezim hukum internasional yang telah ada atau telah mengatur sebelumnya agar tidak menjadi hukum yang berdiri sendiri. Penelitian yang digunakan adalah penelitian normatif dengan menggunakan metode Yuridis Normatif yaitu dengan melakukan pengkajian terkait aspek hukum atau adanya regulasi tentang ruang angkasa melingkupi tanggung jawab permasalahan. Hal ini dilakukan untuk mendapatkan data dan agar dapat melakukan analisa sui generis regime terhadap pemanfaatan orbit geostationer oleh Indonesia. Penelitian lebih membahas ulasan terkait rezim hukum khusus berkaitan pemanfaatan  pada slot orbit akan mengalami tantangan baik dalam segi yuridis maupun non yuridis, dengan keterkaitan antara hukum internasional, hal ini terjadi karena tidak adanya muatan prinsip, aturan norma dan mekanisme teknis pada amandemen aturan luar angkasa 1967. Tidak tegasnya aturan tersebut terutama dalam penggunaan Geo Stationary Orbit dijadikan sebagai pedoman untuk perlunya Sui Generis Regime sebagai aturan penggunaan GSO yang tidak lepas dari prinsip-prinsip hukum ruang angkasa. Hal ini dikuatkan untuk memberikan keuntungan dari segi yuridis dan dari segi non yuridis dalam penggunaan Geo Stationary Orbit. Serta bertujuan untuk pemanfaatan ruang angkasa yang adil dan untuk kepentingan seluruh umat manusia sekarang ataupun masa yang akan datang.Kata kunci: geo stationary orbit; prinsip ruang angkasa; sui generis regime


2016 ◽  
pp. 112-128
Author(s):  
A. Gnidchenko

The article surveys the literature that emphasizes the importance of comparative and absolute advantages for intra- and inter-industry trade. Two conclusions follow form the survey. First, unlike the traditional view, intra-industry trade is determined rather by technology than by increasing returns. Second, absolute advantages that have been ignored in international trade models for a long time play a vital role through their linkages with product quality and export diversification. We also discuss a new strand of literature that models international trade with the assumption of non-homothetic preferences.


Author(s):  
Alexandra V. Chugunova ◽  
Olga A. Klochko

This research studies the relationship of cross-border mergers and acquisitions to international trade through the lens of Russian pharmaceutical market. To this aim, the study analyses the woks of foreign economists dedicated to evaluating the link between foreign direct investment and international trade, and the influence of mergers and acquisitions on countries’ export and import flows. The research also presents a correlation analysis between the volume of Russian pharmaceutical exports and imports and cross-border deals performed by foreign pharmaceutical companies in Russia. We characterize these deals and conduct a comparative analysis of the regional structure of Russian pharmaceutical exports and imports as well as of the countries of origin of buyers in cross-border mergers and acquisitions. The results of the analysis indicate a positive relationship between cross-border mergers and acquisitions and Russian pharmaceutical exports, which is reflected in the export volume growth and its geographical diversification. However, it is outlined that particular problems of the industry hinder the amelioration of Russian positions in international exports. Similarly, the relationship between cross-border deals and Russian imports is positive: the major pharmaceutical products supply flow occurs from the countries of origin of buyers in cross-border mergers and acquisitions conducted in the Russian pharmaceutical sector.


Author(s):  
Oleksii Chepov ◽  

The qualitative and clear definition of the legal regime of the capital of Ukraine, the hero city of Kyiv, is influenced by its legislative enshrinement, however, it should be noted that discussions are ongoing and one of the reasons for the unclear legal status of the capital is the ambiguity of current legislation in this area. Separation of the functions of the city of Kyiv, which are carried out to ensure the rights of citizens of Ukraine and the functions that guarantee the rights of the territorial community of the city of Kyiv. In the modern world, in legal doctrine and practice, the capital is understood as the capital of the country, which at the legislative level received this status and, accordingly, is the administrative and political center of the state, which houses the main state bodies and diplomatic missions of other states. It is the identification of the boundaries of the relationship between the competencies of state administrations and local self-government, in practice, often raises questions about their delimitation and ways of regulatory solution. Peculiarities of local self-government in Kyiv city districts are defined in the provisions of the Law on the Capital, which reveal the norms of the Constitution in these legal relations, according to which the issue of organizing district management in cities belongs to city councils. Likewise, it is unregulated by law to lose the particularity of the legal status of the territory of the city. It should be emphasized that the subject of administrative-legal relations is not a certain administrative-territorial entity, but the social group is designated - the territorial community of the city of Kiev, kiyani. Thus, the provisions on the city of Kyiv partially ignore the potential of the territorial community.


Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 186-192
Author(s):  
Dr. Oinam Ranjit Singh ◽  
Dr. Nushar Bargayary

The Bodo of the North Eastern region of India have their own kinship system to maintain social relationship since ancient periods. Kinship is the expression of social relationship. Kinship may be defined as connection or relationships between persons based on marriage or blood. In each and every society of the world, social relationship is considered to be the more important than the biological bond. The relationship is not socially recognized, it fall outside the realm of kinship. Since kinship is considered as universal, it plays a vital role in the socialization of individuals and the maintenance of social cohesion of the group. Thus, kinship is considered to be the study of the sum total of these relations. The kinship of the Bodo is bilateral. The kin related through the father is known as Bahagi in Bodo whereas the kin to the mother is called Kurma. The nature of social relationships, the kinship terms, kinship behaviours and prescriptive and proscriptive rules are the important themes of the present study.


2021 ◽  
Vol 13 (15) ◽  
pp. 8123
Author(s):  
Delei Yang ◽  
Jun Zhu ◽  
Qingbin Cui ◽  
Qinghua He ◽  
Xian Zheng

Megaproject citizenship behavior (MCB) has been confirmed to a play vital role on megaproject performance. Although current research has argued that institution elements have had an impact on MCB diffusion, limited studies have empirically investigated the distinct effectiveness of various institution elements on driving MCB’s widespread diffusion in construction megaprojects. Based on institution theory, this study proposes a theoretical model comprising institutional elements (i.e., normative and mimetic isomorphism), owner’s support, relationship-based trust, and their effect or impact on MCB’s diffusion. Based on 171 industrial questionnaires collected from managers of contractors and designers in megaprojects. Partial least squares structural equation modeling (PLS-SEM) was used to validate the established model. The results indicated that both normative and mimetic isomorphism have positive effects on facilitating MCB diffusion, and owner’s support has shown partial mediation in promoting MCB diffusion through normative isomorphism, as well as full mediation in the promoting of MCB diffusion through mimetic isomorphism. Meanwhile, relationship-based trust exerts a positive moderating effect on the relationship between mimetic isomorphism and MCB. This study extends current literature on driving MCB diffusion from the perspective of institutional theory, contributing by providing four implications for megaprojects managers to “buy in” more extensive MCB.


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