INCOTERMS and the legal regime of loading and unloading particular study of traffic in the Black Sea

• Main Author: Mihailovici, Cristina Steliana
• Other Authors: Rodrigo de Larrucea, Jaime
• Format: Doctoral Thesis
• Language: English
• Published: Universitat Politècnica de Catalunya 2012
• Subjects: 626
• Online Access: http://hdl.handle.net/10803/89566

The scope of this thesis is to searching the potential ofthe maritime traffic in the Black Sea, the good application of the INCOTERMS in this region and the opportunities of maritime transport with the others seas. The research project conducted in this thesis uses qualitative methods: interviews with people that working in the maritime transport in the Black Sea that were made through e-mail to get a practical view on the topic, statistics and studies makes by me in the practice. The results indicate that there are no outstanding obstacles for the development of the commercial maritime traffic in the Black Sea and that the maritime companies of the world are very interested to start a large process to export and import in this region, ofcourse applying correct the INCOTERMS. Also, we analyze in this study the im portance of the Bosporus Strait that connecting the Black Sea with the Mediterrean Sea and offers big opportunities to the global maritime transport. The studies in this field of maritime traffic conducted us to find out what are the standards in the maritime trade in the Black Sea but also in comparison with the Mediterrean Sea, Baltic Sea and Caspian Sea. The Black Sea basin presents various challenges and offers numerous opportunities. Ps a result, its development requires special consideration by policy makers. The central question of this paper is given the difference in legal and political systems in the presence, more geo strategically considerations, building on the commercial development from existing business practices. Mercantile custom plays an important role in international commercial law, whether that is as a source of or merelyas an element of the new law merchant. Trade usages and practices tend to be linked to a specific location, trade or port in which they are used. Es pecially in the context of trade term s, differences in interpretation detract from their harmonization function. The latest edition of the ICC INCOTERMS was carried out in 2010 when the INCOTERMS. Two major innovations are the num ber of rules and their classification. Under previous INCOTERM revis ions, term s were grouped in order of increasing responsibilityon the seller, now were classified according to the mode of trans port. There are 11 rules instead of13.INCOTERMS 2010 includes two new rules, Delivered atTerminal (DAT) and Delivered at Place (DAP), and eliminates the Delivered at Frontier (DAF), Delivered Ex-Ship (DES), Delivered Ex-Quay (DEQ) and Delivered Duty Unpaid (DDU) designations. DAT replaces the current DEQ, while DAP replaces DAF, DES and DDU. The option of applying one or another INCOTERM of the delivery conditions or practices known worldwide should consider a number of criteria, such as the following: the ratio of currency and foreign currency contract for payment of transportation, insurance and other charges related to delivery; market situation and the charges of air and land transport, participation in international conventions on transport, which involves preferential rates oftransport, customs outlets in markets or supplies. In the case of a saturated market, where there is a strong competition, the exporter can earn a segment of this market, providing certain favorable conditions to the importer within the meaning of risk and minimal costs that the latter must bear. Delivery condition is one of the essential terms are agreed between international contract partners, thereby regulating the transfer actually goods and the seller to the buyer risks, including legal consequences and general economic. Since the implementation ofthe each entry in the various delivery methods, costs, which can't be neglected, their enrollment contract specifications require is especially importantto establish who and what pays any omission of this view mayor cancel benefits buying or selling expected at closing. We hope that this thesis may be able to help the future importers and exporters in the global maritime traffic.