Danylenko D. The unification of conflict-of-law rules on the carriage of passengers by sea and their baggage in international private law.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U003818

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

27-09-2019

Specialized Academic Board

Д 20.149.01

Private higher educational institution King Danylo University

Essay

The thesis is the first comprehensive scientific monographic study of the problems that arise in the development and implementation of unified conflict of laws rules on maritime transport in international private law and relevant theoretical and practical issues. The stages of international maritime law are justified in view of its legal basis — customary law, the development of national maritime law, the codification of international maritime law, its modern period of development. The Convention on Passengers of 1961, the Convention on Baggage of 1867, the Athens Convention on the Carriage by Sea of Passengers and Their Baggage of 1974 were examined. The imperative of observance of the legal provisions of international conventions by the states parties is determined. The need for interstate unification on the elimination of possible conflicts between states in the field of international merchant shipping with the aim of achieving effective legal regulation of the maritime transport of passengers and their baggage, the development and adoption of unified legal norms in national legislation has been identified. It has been established that international conventions and treaties contain legally binding conditions, the observance and fulfillment of which contribute to their implementation. The Athens Convention includes such imperative rules for international transportation: the state determines the place of registration of the vessel on its territory, transportation by “public authority”, transportation under an agreement between the carrier and the passenger. The author's definition of concepts - “international maritime transportation”, “vessel”, “maritime merchant vessel”, “commercial transportation” and proposals for their incorporation into domestic legislation.

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