Concept of Charterparty as an International Contract for Engagement of Ship for Transportation of Cargo and Legal Perspective on Critical Areas of Charterparty for Avoidance of Disputes

Author(s): Harsh Pathak / Language(s): English Publication Year: 0

In international business charterparty is a main legal contract of engaging a vessel for transportation of cargo. It is a highly important document since it defines the performance obligations as rights, duties, liabilities, risks, earnings, costs and profits between the contracted parties, i.e. the shipowner and the charterer. The proper incorporation, interpretation and understanding of charterparty terms is crucial for chartering business. Therefore, this paper based on the observations of the various judicial authorities, emphasis on the main types of charter and deals with usual clauses qua distribution of the liabilities and expenses between the ship-owner and the charterer. More specifically, type of the charter, important clauses in the charterparty for suitability of the vessel, its seaworthiness, the avoidance of unjustifiable deviations, the ship’s arrival at the port, the loading and discharging operations, the delivery of cargo, liabilities, exceptions to liabilities etc. The instant paper is based on shipping practices followed in accordance with international and English common laws in pre-to-post fixture in execution of chartering process. As chartering is one of the most critical commercial operation under international business contracts with significant operational, financial and legal consequences.The deliberations in this paper is from a contractual and legal perspective to understand this special purpose contract for better execution and avoidance of disputes.

Vladavina prava i pomorsko pravo u eri globalizacije

Author(s): Dragan Bolanča / Language(s): Serbian Publication Year: 0

Maritime law originally belongs to the continental legal system but is, in its essence, a mixed legal system, because it also contains a number of elements of Anglo-Saxon law. Despite some original solutions pertaining only to maritime law and irrespective of the great influence of international conventions, including the international law of the sea, it cannot be claimed that this is universal law, i.e. a special (third) legal system in the world. However, its great uniformity undoubtedly contributes to the rule of law in maritime enterprises.

Maritime Geopolitics in Indian Ocean: China’s Bid for Regional Dominance

Author(s): Samin Farhan Asef,Fahmida Alam / Language(s): English Publication Year: 0

In the contemporary world, China is one of the giants that intends to dominate the whole world. To achieve this enormous dream China took the Belt and Road Initiative (BRI) which will connect most of the world through land and maritime routes. BRI’s geographical span is constantly expanding which comprises 3 continents, 68 countries covering 65% of the world’s population which will involve infrastructural development like ports, roads, railways, and airports costing over US$1 trillion in investments. The Indian Ocean has become a key strategic arena in maritime geopolitics due to its increasing importance in terms of global economic trade and security. This paper focuses on explaining the geopolitical dimension of BRI. Hambantota and Gwadar, two mammoth seaports, in the Indian Ocean play a crucial role in China’s plan to increase its maritime footprint in littoral South Asia. This paper also attempts to find out China’s emerging strategic security interests in this region by exercising soft power which is a key element in China’s national security. The objective of the paper is to trace China’s changing maritime stance towards the Indian Ocean, with the aim to improve regional dominance and integration by increasing trade and economic growth.

Правни аспекти на закрилата на морските интереси на Европейския съюз

Author(s): Vanya Hristova Stamatova / Language(s): Bulgarian Publication Year: 0

This report examines the legal aspects of the protection of the European Union's maritime interests in the context of European integration, highlighting that peace and security in the maritime space could only be achieved through the utilization of pan-European measures.

The Strategic Importance of The Caspian Sea For Regional and Global Actors

Author(s): Volkan Tatar / Language(s): English Publication Year: 0

The Caspian Sea1, which has been on the agenda for a long time, is a geopolitically important region surrounded by 5 states since the debate about whether it is a sea, lake, or border lake includes different conflicts of opinion about the sharing of important energy resources. The most important factors that increase this geopolitical importance are the energy resources in or around the Caspian Sea and the logistics of this energy. The fact that many developed states, especially the USA, European Union members, and states such as China, are interested in the logistics of energy and energy, increases the importance of the Caspian Sea even more. The Caspian Sea was under the control of the Soviet Union during the interwar period and the cold war period. At that time, most of the coasts were under the control of the Moscow-controlled states, which formed the whole of the Soviet Union, while the other reason was that the only way out for connection with the seas was the Don and Volga rivers and the Soviet territory. In addition, the Treaties made with Iran since the beginning of the 1800s are an important factor in terms of the legal basis of this domination. The defeat of Iran in the wars with the Russian Tsardom and the treaties made afterwards changed the influence in the region in favor of the Russian Tsarist and later the Soviet Union, leaving Iran with only a limited area for fishing activities.

A Short History of Maritime Trade

Author(s): Haldun Aydıngün / Language(s): English Publication Year: 0

The history of ships goes so far back in time that, we don’t have any written text to prove, no folks tales to hint and no surviving remains of the first ships, but just bones, human bones; Australian archaeologist Michael Morwood found a number of humanoid bones in the island of Flores, part of the Indonesian Archipelago. Radiometric measurements gave a date of 840,000 BC.

The Legal Regime and the Role of the Enterprise as Sui Generis Organ of the International Seabed Authority

Author(s): Laura Magdalena Trocan / Language(s): English Publication Year: 0

The problems raised, over time, by the exploration and exploitation of the resources of the seas and oceans have brought in the forefront of the interests of the states, the need to establish precise regulations, as well as the creation of an adequate institutional framework, a fact materialized at the entry into force of the United Nations Convention on the Law of the Sea, which has the merit of regulating all maritime spaces and outlining the legal framework for the establishment of the International Seabed Authority, the only international organization through which the activities in the international seabed area - declared the common heritage of humanity, are organized and controlled in order to administer and manage its resources, for the benefit of all humanity. The Enterprise is the operational body of the Authority, through which, this unique international organization, has the opportunity to directly carry out activities of exploration, exploitation, transport and treatment of minerals extracted from the international seabed area, becoming, at the moment of operationalization, a true industrial and commercial public service on a global scale. In this context, this study wants to make a presentation (using scientific methods such as: analytical, historical, comparative method etc.) of the legal regime and the role of the Enterprise, as the main body of the Authority, in the light of the provisions of the United Nations Convention on Law of the Sea.

Проблеми и перспективи на развитието на международното морско частно право в Република България

Author(s): Diana Marinova / Language(s): Bulgarian Publication Year: 0

Private international maritime law (PIML) is closely related to private international law as a whole, in terms of the type of law governing private legal relations with an international element, the subjects, object and method of legal regulation, the principles on which it is based, and the sources of law. However, despite these similarities, the PIML has some specific features, which are the subject of this report. The report lays the foundations for a more detailed study of the problems and development prospects of the PIML in the Republic of Bulgaria as a country with access to the sea.

PROVOCĂRI ŞI STRATEGII ÎN ORDINEA ŞI SIGURANŢA PUBLICĂ

Author(s): / Language(s): English,Romanian,French

Conferința științifică internațională a Academiei de Poliție International Scientific Conference of Police Academy ,,Alexandru Ioan Cuza” Bucharest

PIAȚA INTERNAȚIONALĂ A COCAINEI

Author(s): Gabriel Călin NISTOR,Sergiu-Adrian VASILE / Language(s): Romanian Publication Year: 0

Organized crime groups are in full expansion and development, with ever-increasing revenues obtained from illicit activities. Drug trafficking represents an important source for these groups, constituting a permanent threat to the security of states. In smaller or larger proportions, each state is faced with this problem born from drug consumption and trafficking. The period 2010-2020 was a flourishing decade for the cocaine market, setting new records in terms of production, and a permanent increase in consumption among the population (the global area of coca leaf cultivation – 234,000 cultivated hectares, 1982 tons of cocaine pure produced – up by 11% compared to the previous year, 1424 tons of different purity confiscated by the authorities – up by 4.5%, the total number of consumers – 21 million.). The western and central European area represents the second market after North America (in Europe the cocaine market is the second largest after the cannabis market, only at the level of the European Union, in 2021 the number of consumers aged between 15 and 64 was 3.5 million (young consumers between the ages of 15 and 35 – 2.2 million), and the number of people who have consumed cocaine at least once in their life amounts to 14.4 million.). In the next article we will take a look at the global cocaine market; we will analyze the main producing countries: Colombia, Peru and Bolivia, we will also analyze the main traffic routes and methods, the key moments of the last years of the market, the European cocaine market and we will conclude with a series of conclusions.

Aspecte ale fluxului de aer prin galeria de admisie a unui motor marin cu turbină

Author(s): George Bălan,Amado Ștefan,Vasile Năstăsescu / Language(s): Romanian Publication Year: 0

The paper presents aspects related to the flow of air through the intake manifold of a turbine engine, for its maximum operating regime. The manifold pressure losses are calculated using the analytical relations. For a more accurate calculation, the flow is calculated with numerical methods.

Procedura de efectuare a testelor de refulare prin tehnica literelor (TZO) pentru analiza distribuției apei

Author(s): Alexandru-Florin Chiojdoiu,Ion Anghel / Language(s): Romanian Publication Year: 0

In order to streamline the extinguishing of fires that occur in enclosed spaces, it is necessary to know how the water is distributed at the level of the floor of a room, by using different water discharge techniques. The „T”, „Z” and „O” letters technique is one of the methods of water discharge used to extinguish fires that occur inside rooms. For a thorough knowledge on how the water is distributed inside the room, a procedure was developed to perform tests by discharging the water in the form of the „T”, „Z” and „O” letters which were especially constructed for this purpose. There were also constructed sheet metal boxes used for the accumulation of discharged water. The usefulness of this procedure has been verified by performing three tests to discharge the same volume of water using the „T”, „Z” and „O” letters technique, resulting in the following data: the largest volume of water was recorded in the immediate vicinity of the wall located perpendicularly to the direction of propagation of the water stream (in the first two rows of boxes), respectively in the corners of the test room, arranged at the level of this wall; using the „Z” letter technique, the smallest water loss was recorded; using the „O” letter technique, the water was discharged in the shortest time, being distributed more evenly than by using the „T” and „Z” letters technique.

РАЗВИТИЕ НА МЕЖДУНАРОДНОТО ИЗМЕРЕНИЕ НА ЗАКРИЛАТА НА МОРСКИТЕ ИНТЕРЕСИ НА ЕВРОПЕЙСКИЯ СЪЮЗ

Author(s): Vanya Hristova Stamatova / Language(s): Bulgarian Publication Year: 0

This report presents the international dimension of the protection of the EU“s maritime interests. The main challenges for its current and future development in the short term are analized. Some views on the possible development of European integration in maritime activities are presented.

An Evaluation of the Effects of the COVID-19 Pandemic on Maritime Management

Author(s): Oktay Çetin / Language(s): English Publication Year: 0

The COVID-19 pandemic, which started in December 2019, spread to the whole world in a short time, turning into a tragedy that affected all life, causing the global economy to stop for months almost completely. This tragedy, which caused the death of more than 5 million people worldwide, deeply affected maritime transport, maritime management, all actors in the supply chain, and the business world. However, maritime transportation has a different place in this process. Shipping has been playing a very important role throughout the COVID-19 pandemic period. It has been observed that the COVID-19 pandemic, which deeply affects the whole world, has created a significant crisis in the world maritime industry (Choquet & Sam-Lefebvre, 2021; Holland et al., 2021; Zhang & Sun, 2021). During the pandemic, the share of maritime transport in world trade rose to 89.97 percent. Although the share of maritime transport increased as a percentage, the amount of cargo transported decreased by 3.6% in 2020 to 11.5 billion tons. Reputable organizations such as United Nations Conference on Trade and Development (UNCTAD), Lloyd’s List Intelligence, and Clarksons Research Services, which research maritime trade, predicted growth of between 2.2% and 4.6% in their forecasts but predicted a 4.1% decrease in their 2020 forecasts (UNCTAD, 2020; Erdogan & Çetin, 2021).

Mеждународноправен режим за борба с пиратството

Author(s): Miroslava Yordanova / Language(s): Bulgarian Publication Year: 0

Проблеми на международното частно право при спасяването по море

Author(s): Diana Marinova / Language(s): Bulgarian Publication Year: 0

The paper here presented studies an important international maritime problem which became especially current because of salvage operation dealing with VERA SU vessel in the maritime internal Bulgarian waters near to Kamen briag. It is necessary to underline that the analyzed subject deals with salvage by sea as an institute of International Maritime Private Law and not as an institute of International Maritime Public Law. In Republic of Bulgaria there is not a general state maritime policy which could be the basis of new contemporary maritime legislation including in the field of salvage by sea. In addition, in global level and in EU level the legal regulation does not assure enough possibilities to resolve successfully the cases like those of VERA SU vessel which has provoke my interest to write this research paper. In the end some general conclusions and also some proposals “de lege ferenda” have been made in the aim to improve the legal regulation. The research contents quite casuistry but most important are the analyses and conclusions.

Функциониране и предизвикателства пред информационната система за морска сигурност

Author(s): Krasimir Kostadinov / Language(s): Bulgarian Publication Year: 0

The report examines the information systems of the main structures of Bulgaria, used to obtain information and build a familiar picture of the maritime spaces. Their possibilities and features of functioning are analyzed. A vision for integrating information and increasing the capabilities of structures to ensure the maritime security of the Bulgarian state is presented.