Статьи рубрики | International transport law

Scientific specialty:

5.1.5. International legal sciences (legal sciences)

Anton G. Chertkov. Limitation of the international maritime carrier’s liability for cargo non-safety

UDK: 341.225.8:347.91/95

Anton G. Chertkov - LLC “Rockwell Capital”

Abstract. The current paper deals with the consideration of the legal regulation of the limitation of the international maritime carrier’s liability for the cargo in accordance with international standards. There have been presented the historical aspects of the emergence of the idea of limited liability in maritime law to protect shipowners from the burden of liability for cargo non-safety. There has been carried out a comparative analysis of the international legal regulation of circumstances exempting the maritime carrier of goods from liability or limiting its liability under the Hague Rules (1924), the Hague-Visby Rules (1968) and the UN Convention on Contracts for the Wholly or Partially Carriage of Goods by Sea 2008 (Rotterdam Rules). Prior to the adoption of the Rotterdam Rules, the Hague-Visby Rules, a modified version of the Hague Rules, were the main legal act in force. Despite being incomplete and out of date, the Hague and Hague-Visby Rules continue to hold their ground for many major multimodal carriers. Based on this reality, there have been compared the legal norms for limiting a maritime carrier’s liability for cargo non-safety between the Hague, Hague-Visby and Rotterdam rules. There have been considered legal means of limiting a maritime carrier’s liability as integral parts of the set of rules that determine the basis of the carrier’s liability. There has been given an overview of the main innovations on the limitations of a maritime carrier’s liability for cargo in the Rotterdam Rules. Using the comparative research method, there has been conducted a comparison of the rules governing the burden of proof (duty of proof) provided for in the Hague, Hague-Visby and Rotterdam Rules, which are in force in determining the party to the litigation responsible for legally proving the fact of responsibility for the cargo. There have been considered the opinions of authoritative experts in the field of international maritime law on the prospects for the application of the Rotterdam Rules in practice.

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Andrey G. Bebenov. The Arctic Council and the Arctic Five: status, trends, and challenges

UDK: 332.1/98

Andrey G. Bebenov - Federal State Unitary Enterprise “Atomflot”

Abstract. Currently, the issue of our environment and climate safety and preservation has become acute both at the national and international levels. The growing technogenic impact on flora and fauna gives rise to the need for international regulation of relations in the sphere of the use of natural resources. The growing international interest in the Arctic region results in an increase in the study of the problem of determining the legal status of the Arctic. Established in 1996, the Arctic Council deals with solving the problems in the field of determining the legal status of the Arctic and its protection. Within the framework of the current paper, there have been considered the features of the functioning of the Arctic Council, its goals, objectives, and activities. In addition, there has been analyzed the legal basis of international cooperation in the field of Arctic relations. There has been presented not only an estimation of his activities, but also identified the main problems of his functioning in modern society. Identification of the problems makes it possible to establish the most promising and necessary ways of developing international relations, as well as domestic legislation. In addition, there have been considered the features of the activities of the Arctic Five in the field of maintaining international cooperation. There has been identified the peculiarity of the interaction of the countries included in the Arctic Five and given an estimation of their joint work.

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Olga Al. Khotko. Theoretical and legal foundations for enforcing environmental security in the international transport activities and in the interaction between the member states of the Eurasian Economic Union

UDK: 346:656.08

Olga Al. Khotko - Candidate of Law, associate professor, Belarusian State University

Abstract. The current paper is a presentation of the content of the report, read by the author at the II International Scientific and Practical Conference “Environmental Security and Transport: Problems of Law”, held on June 3, 2022 at the discussion platform of the Law Institute of the Russian University of Transport (MIIT). The author has carried out an analysis of national and international legislation, the law of the EAEU to determine the most important areas for improving the ways of interaction between states to attract attention to the environmental and economic issues. This situation is due to the consolidation of the sustainable development goals formed in the Resolution of the UN General Assembly “Transforming our world: Agenda for sustainable development for the period up to 2030”. Based on the results of the current study, there have been formulated theoretical conclusions that contribute to the development of applied aspects of the implementation of measures to ensure environmental security in connection with the transport activities.

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Ivan V. Kholikov, Mariya S. Kupriyanovich. National interests of the Russian Federation in enforcing security in the Arctic region

UDK: 332.021:356/359

Ivan V. Kholikov - main researcher, professor, Institute of Legislation and Comparative Law under the Government of the Russian Federation

Mariya S. Kupriyanovich - Institute of Legislation and Comparative Law under the Government of the Russian Federation

Abstract. The current paper is devoted to problematic issues related to the deepening of contradictions between members of the world community in the Arctic region, due to the aggravation of the international situation because of ongoing global processes. The emerging threats to the national security of the Russian Federation in the Arctic gives rise to the necessity to maintain defense potential and strategic stability of the Russian Federation in the Arctic, as well as to provide favorable conditions for a fair delimitation of maritime spaces in the interests of the country’s socio-economic development. Due to it, the importance of the Northern Sea Route as one of the most effective tools for ensuring the interests of Russia in the Arctic is of great urgency, the use of which relates to several factors that invariably contain an international political component. There have been considered in detail the issues of the formation, development and functioning of the Northern Sea Route. There have been substantiated the conclusions about its strategic importance in ensuring Russia’s interests in the Arctic, which are focused on the economic and social development of the Arctic zone of the Russian Federation.

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Sergey Al. Semenov. The features of transport security. Legal conflicts at the safety zones around artificial islands, installations, and structures

UDK: 342.951:351.82

Sergey Al. Semenov - FASRT Russian Maritime Security Service

Abstract. The establishment of safety zones around artificial islands, installations, and structures operated and used in the exclusive economic zone and on the continental shelf of the Russian Federation is one of the elements of their security. It is provided for by both maritime law and transport security legislation. However, there are conflicts between their norms, which are not resolved in favor of special norms yet. As a result, the Government of the Russian Federation has not identified artificial islands, installations and structures located on the continental shelf of the Russian Federation, which are transport infrastructure objects, around which safety zones are established. As a result, transport infrastructure entities have no legal grounds for implementing the measures provided for by transport security legislation in safety zones. There is uncertainty in the competence of the FSC of Russia, the Ministry of Internal Affairs, and the Ministry of Defense of the Russian Federation, which negatively affects the planning and implementation of measures to enforce security of installations and structures. According to the conducted analysis, there has been concluded that any violations of the boundaries of safety zones and the security measures by unauthorized vessels, floating craft or persons do not entail criminal or administrative liability envisaged by the Criminal Code of the Russian Federation or the Code of Administrative Offenses of the Russian Federation for violation of transport security requirements. The current paper has proposed solutions to the identified collisions.

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Tatiana B. Mordvinova, Aleksandr S. Skaridov. Law regulation of port state control to reduce ships’ vulnerability to cyber attacks

UDK: 341.225:004

Tatiana B. Mordvinova - Maritime Law Agency (St. Petersburg); Admiral Makarov State University of Maritime and Inland Shipping, mla@oceanlaw.ru

Aleksandr S. Skaridov - Admiral Makarov State University of Maritime and Inland Shipping, alexskar94@hotmail.com

Abstract. Today, the process of digitalization is increasingly active in the field of maritime transport, namely electronic navigation is developing, management processes are being automated, software products are being introduced into almost all ship systems such as communication, cargo handling and management, ship control, ship power equipment, power supply, etc. The development and adoption of law regulations aimed at reducing ships’ vulnerability to cyber-attacks, the actions of malicious software and, as a result, increasing navigation security is a function of state control in the field of the maritime industry, and a responsibility of a captain of the seaport. Cyber threats are not a new phenomenon for the maritime industry, but the regulatory framework for counteraction is in the process of formation. According to the authors, the main responsibility of e-information circulation control in relation to ships in ports should belong to the seaport administration, and the development of law regulations should belong to the government.

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Mikhail V. Zharikov, Irina Iv. Shatskaya. Russia as a transit hub for BRICS

UDK: 327:339.5

Mikhail V. Zharikov - Doctor of Economic Sciences, associate professor, Financial University under the Government of the Russian Federation, michaelzharikoff@gmail.com

Irina Iv. Shatskaya - Candidate of Economic Sciences, associate professor, Russian University of Transport, irina_shatskaya@mail.ru

Abstract. BRICS has a strong influence on global GDP growth. This influence is revealed by more goods passing through the global supply chain. A wider trade, investment and transport cooperation within BRICS could contribute much more to the common cause if there were more incentives supported by the agreed policy. Therefore, BRICS needs common principles of customs and tariff regulation and common transit rules. However, the BRICS member states are still ready to maintain independence and sovereignty in making important economic and political decisions, and tend to pursue protectionist policy and protect domestic producers from foreign competition. The crisis of 2020 showed that deeper cooperation was of great necessity to ensure strong economic activity, better ways of transporting and communication, and safety and health. The current paper has presented a look at what Russia could do for BRICS in supporting increased cooperation, including common Eurasian transit routes, common security measures and common vaccination (Sputnik V) and common transport shipping (GLONASS) to become an effective means for more close cooperation in solving current economic, social, communication and medical problems.

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Eduard F. Shakhnazaryan. Logistics of international transportation: impact of the pandemic

UDK: 341.9:656.078

Eduard F. Shakhnazaryan - Main Directorate of Ministry of Justice of Russia

Abstract. The coronavirus pandemic has broken the continuous chain of interaction between the manufacturer and the consumer, forced to make serious adjustments to the logistics of most companies. The current paper, using the example of Russia, China and Europe, examines the impact of the pandemic, as well as the restrictive measures introduced in the field of transportation by various modes of transport. The paper has given a qualification to ‘force majeure circumstances’ on the part of the legislator. An urgent problem is also the fact that the courts of the Russian Federation do not classify the coronavirus pandemic as force majeure circumstances, which deprives the parties of being exempted from civil liability due to the occurrence of such circumstances. Despite this, the current study, using the example of judicial practice, was able to note a tendency for certain indulgences to debtors by the courts (reducing the size of the penalty, penalties, etc.).

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Aleksey S. Kharlanov, Elena Iv. Sherysheva, Viktoriya Al. Pavlova. Geoeconomic transformation of the integration group of the Eurasian Economic Union and estimation of the participation of the People’s Republic of China in this process

UDK: 339.923

Aleksey S. Kharlanov - Candidate of Technical Sciences, Doctor of Economics, professor of the department of world economy of the FSEPI HE “Diplomatic Academy of the Ministry of Foreign Affairs of the Russian Federation”

Elena Iv. Sherysheva - Deputy Director of the department of transport and infrastructure of the Eurasian Economic Commission (EEC)

Viktoriya Al. Pavlova

Abstract. The current paper has presented the history of the evolution of the processes of modern integration group formation on the example of the Eurasian Economic Union. There has been considered the role of the People's Republic of China in promoting the ideas of cooperation between the countries of the Eurasian Economic Union and the search for joint sales markets and opportunities for creating and developing VAT chains. There have been given the possible scenarios for the transformation of the Eurasian Economic Union in the global scale and in interaction with the republics of the former USSR as a strategic union of the geoeconomic significance of Russia’s influence.

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Dariya Al. Dinets, Anatoliy S. Merkulov. Application of the transport corridor management principle to the organization of the Trans-Siberian Railway activitie

UDK: 338.28

Dariya Al. Dinets - Candidate of Economic Sciences, associate professor, head of the department “Economics and management in railway transport” of the Irkutsk State Transport University

Anatoliy S. Merkulov - Candidate of Economic Sciences, docent, associate professor, head of the department “Economics and management in railway transport” of the Irkutsk State Transport University

Abstract. The current paper has studied possibility to estimate adaptability of the world experience in transport corridor managing, including international, to the process of organizing and managing the Eastern railway test range. Particular attention has been paid to the analysis of the possibilities to implement the corridor management principle on the Trans-Siberian Railway to have possibility of competitive interaction with the railways of Europe, East and Central Asia in the framework of international transport construction projects. There has been conducted a comparative analysis of the management practices of intermodal transport corridors according to access universalization and intermodality stimulation. There have been found out the conditions and prerequisites for achieving commercial payback of transport construction and integration projects due to priority areas, cargo types, types of rolling stock and the role of international transport integration in achieving the goals of socio-economic development of regions. There has been determined that the focus on long-distance transportation of bulk cargo hampered the implementation of the transport corridor management principle on the Trans-Siberian Railway. There has also been proven that a vertically integrated structure with a network of unequal functional and territorial branches with fundamentally different goals prevented the possibility of providing non-discriminatory access to the railway transport infrastructure, including for intermodal transport operators. The lack of competitive advantages in interconnected transport modes is also a prerequisite for the non-profitability of transport construction and integration projects, the involvement of mass players in exchange market in the carrying and carrying capacity of integrated carriers. Finally, there have been given the key directions of improving the Trans-Siberian Railway system of organization and management in order to ensure competitiveness, to obtain positive effects from the implementation of projects for organizing railway test ranges, as well as effective integration into projects for the development of international transport corridors.

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