The Legal Regime of International Carriage by Rail between Asia and Europe --With Reference to Organization for Cooperation of Railways(OSJD) of Socialism Countries”

• Main Authors: Chien-Jan Fang, 方建然
• Other Authors: Chia-Jui Cheng
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/5w37d7

碩士 === 東吳大學 === 法律學系 === 96 === This thesis is entitled” The Legal Regime of International Carriage by Rail between Asia and Europe --With Reference to Organization for Cooperation of Railways(OSJD) of Socialism Countries”, which contains eight chapters. This thesis will introduce the principal instruments that regulate Eurasian rail traffic specifically focusing on the regulation under socialism countries. Chapter Two begins with the definition, nature, function and scope of international carriage by rail. Chapter Three introduces the history of international carriage by rail between Asia and Europe from nineteenth to twenty-first centuries. Especially mentioned, unifying of different regulations and facilitate transport in Eurasia. Chapter Four introduces the Legal Regime of Carriage of passengers by Rail, including principles of contractual relationships of carriage by rail, making and execution of the contract of carriage, modification of the contract of carriage, and liability, specifically focusing on the SMPS agreement (Agreement about international passenger transport). The Agreement on International Passenger Transport by rail (SMPS) and the Agreement on International Goods Transport by Rail (SMGS) form the legal basis for guaranteeing transport operations. SMGS currently regulates all international rail freight transport operation concerning the railway and the customers. The provisions of SMGS regulate how transport contracts must be concluded and honored and how liability is to be shared. SMGS also regulates how transport costs are to be born and how tariffs are to be calculated. Chapter Six further discusses mechanism, legal status, power, function, also privileges and immunities of Organization for Cooperation of Railways. Moreover, this chapter mentions the cooperation between two different legal system(OSJD and OTIF, Intergovernmental Organization for International Carriage by Rail) in Eurasia. The two are likely to exist in parallel for quiet some time and new trend of legal regime of rail traffic is the cooperation between them. In order to enhance the competitiveness of the railways in the transport market, they have to create suitable legal conditions. Chapter Seven introduces mechanism of dispute settlement of international carriage by rail, such as extra-judicial and judicial settlement mechanism. Following is dispute settlement mechanism within Organization for Cooperation of Railways. Then, it introduces mechanism within regional railways organizations (OTIF). Finally, this thesis collects many important legal instruments of carriage by rail between Asia and Europe, including bilateral and multilateral agreements which are put into the appendix as reference.