Pokora I. The Unification of Rules on Carriage of Goods by Sea in Private International Law

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U102764

Applicant for

Specialization

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

12-05-2021

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The thesis is devoted to the problems of the theory and practice of the unification of rules on carriage of goods by sea in private international law, including the assessment of the current state and trends of the regulation of the international carriage of goods by sea through international treaties. Upon the consolidation of the existing definitions of the unification of law the improved definition of the "unification of law" is proposed, as well as the criteria for classification of unification in private international law. The features of the historical process of the unification of the rules in private international maritime law are studied. The international treaty as a form of the unification of the rules in private international maritime law, and the problems of the unification by international treaties in this sphere, are considered. Measures to solve such problematic issues are proposed. The peculiarities of carriage of goods by sea and the features of its legal regulation are clarified. The importance of non-conventional unification in the field of carriage of goods by sea is revealed. The peculiarities of international treaties on the carriage of goods by sea, including the Hague Rules, the Hague-Visby Rules, the Hamburg Rules and the Rotterdam Rules, are described. The ways to improve the legal regulation of carriage of goods by sea in Ukraine are suggested. Suggestions regarding changes and additions to the Merchant Shipping Code of Ukraine in case of Ukraine's accession to the Rotterdam Rules are substantiated.

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