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Relevant bibliographies by topics / Charter-parties

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Journal articles

Academic literature on the topic 'Charter-parties'

Author: Grafiati

Published: 4 June 2021

Last updated: 30 July 2024

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Journal articles on the topic "Charter-parties"

1

Gutsulyak, Vasiliy N. "The Types of the Charter-Parties in International Commercial Shipping." Proceedings of the Institute of State and Law of the RAS 14, no. 4 (2019): 108–30. http://dx.doi.org/10.35427/2073-4522-2019-14-4-gutsulyak.

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One of the most important tools for the use of sea and river vessels for the carriage of goods is a contract of affreightment (charter party). Under the terms of the charter-party, one party (the shipowner) transfers the vessel or part of its premises to the other party (the charterer) for the established remuneration (the freight).Despite the fact that charter-parties have long been used in the practice of shipping, however, today both in doctrine and in practice there is no unified approach to their classification and understanding of their legal nature.According to the author, at present al

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2

Viljoen, Frans. "Application of the African Charter on Human and Peoples' Rights by domestic courts in Africa." Journal of African Law 43, no. 1 (1999): 1–17. http://dx.doi.org/10.1017/s002185530000869x.

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The African Charter on Human and Peoples’ Rights1 (hereinafter the “African Charter” or “Charter”) was adopted by the Organisation of African Unity (OAU) Assembly of Heads of State and Government in 1981. It entered into force on 21 October, 1986, after a majority of OAU member states had ratified the Charter. At present, 52 of the 53 member states have become parties: the only non-ratifying state is Eritrea.

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3

Pijaca, Marija, and Nikola Mandić. "Bareboat Charter Registry." Transactions on Maritime Science 5, no. 1 (2016): 48–52. http://dx.doi.org/10.7225/toms.v05.n01.006.

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The purpose of this article is to establish the concept of the bareboat charter registry and draw attention to a few significant international conventions that govern certain aspects of the bareboat charter registry. Also, the purpose is to present models which various countries apply to regulate the registration of vessels during the bareboat charter and analyse the contents of the provisions of the bareboat charter that regulate the relations between the contracting parties who wish to have the vessel registered in the bareboat charter registry. BIMCO’s Standard Bareboat Charter, also known

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4

Feasby, Colin. "Failing Students by Taking a Pass on the Charter in Pridgen v University of Calgary." Constitutional Forum / Forum constitutionnel 22, no. 1 (2013): 19. http://dx.doi.org/10.21991/c9j380.

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What is the appropriate approach when a judge is presented with a Charter issue? Should a judge simply decide the issue based on the arguments presented by the parties? Or should a judge seek out alternative and more limited reasons for deciding the Charter issue or even reasons to avoid deciding the Charter issue altogether? There is little guidance in Canadian academic literature on these questions. This article raises these questions in the context of a concrete example—Pridgen v University of Calgary—where judges on two Courts took three different approaches to a Charter issue.

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5

Kiwanuka, Richard N. "The Meaning of “People” in the African Charter on Human and Peoples’ Rights." American Journal of International Law 82, no. 1 (1988): 80–101. http://dx.doi.org/10.1017/s0002930000074170.

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The African Charter on Human and Peoples’ Rights, also known as the Banjul Charter on Human and Peoples’ Rights, was adopted by the 18th Assembly of Heads of State and Government of the Organization of African Unity (OAU), held in Nairobi in June 1981. Contrary to some expectations, the Charter stayed in limbo for only 5 years. It entered into force on October 21, 1986, after the deposit of the 26th instrument of ratification, the number required by its Article 63(3). By April 16, 1987, there were 33 states parties to the Charter, which makes it the largest regional human rights system in exis

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6

Liebkind, Anina, Fredrik Norburg, and Andreas Holst. "Republic of Italy v Athena Investments A/S Before the Swedish Courts: Is There Still a Life After the CJEU’s Decision in Komstroy and PL Holdings?" European Investment Law and Arbitration Review Online 7, no. 1 (2022): 153–65. http://dx.doi.org/10.1163/24689017_0701009.

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The Swedish Court of Appeal considers the CJEU’s decisions in Republic of Poland v pl Holdings Sàrl and Republic of Moldova v Komstroy LLC regarding the validity of the arbitration clause included in Article 26 of the Energy Charter Treaty for intra-EU arbitrations, and recalls its request for a preliminary ruling in an ongoing challenge proceeding. Following up on our 2021 EILA Rev case-note, covering the parties’ submissions prior to the Court of Appeal’s request for a preliminary ruling, we further explore the parties’ recounts of the CJEU’s recent decisions and the implications under Swedi

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7

Liebkind, Anina, Fredrik Norburg, and Andreas Holst. "Republic of Italy v Athena Investments A/S Before the Swedish Courts: Is There Still a Life After the CJEU’s Decision in Komstroy and PL Holdings?" European Investment Law and Arbitration Review 7, Issue 1 (2022): 155–65. http://dx.doi.org/10.54648/eila2022009.

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The Swedish Court of Appeal considers the CJEU’s decisions in Republic of Poland v PL Holdings Sàrl and Republic of Moldova v Komstroy LLC regarding the validity of the arbitration clause included in Article 26 of the Energy Charter Treaty for intra-EU arbitrations, and recalls its request for a preliminary ruling in an ongoing challenge proceeding. Following up on our 2021 EILA Rev case-note, covering the parties’ submissions prior to the Court of Appeal’s request for a preliminary ruling, we further explore the parties’ recounts of the CJEU’s recent decisions and the implications under Swedi

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8

Frantziou, Eleni. "Case C-176/12 Association de Médiation Sociale: Some Reflections on the Horizontal Effect of the Charter and the Reach of Fundamental Employment Rights in the European Union." European Constitutional Law Review 10, no. 2 (2014): 332–48. http://dx.doi.org/10.1017/s1574019614001205.

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On 15 January 2014, the Court of Justice (hereafter ‘the Court’) delivered its judgment in Association de Médiation Sociale (hereafter ‘AMS’). AMS brought for the first time before the Court the issue of horizontal applicability in relation to a provision of the EU Charter of Fundamental Rights (hereafter ‘Charter’), namely Article 27 thereof, which enshrines the right of workers to information and consultation within the undertaking. The case therefore raised questions of ‘undeniable constitutional significance’, as Advocate-General Cruz Villalón had put it in his Opinion, regarding the post-

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9

Kioko, Ben. "The African Charter on Democracy, Elections and Governance as a Justiciable Instrument." Journal of African Law 63, S1 (2019): 39–61. http://dx.doi.org/10.1017/s0021855319000044.

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AbstractThe African Charter on Democracy, Elections and Governance requires state parties to establish and strengthen democratic institutions, the rule of law, human rights and independent electoral systems. However, the extent to which these provisions can be invoked by individuals and non-governmental organizations before a court of law is uncertain. It is also unclear whether such provisions guarantee “stand-alone” individual rights and as such whether the charter could be considered to be a human rights instrument. This article seeks to analyse whether the charter is a human rights instrum

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10

Simanjuntak, Mangisi. "PENYELESAIAN SENGKETA BATAS LAUT ANTARA INDONESIA DENGAN NEGARA-NEGARA TETANGGA DITINJAU DARI KONVENSI PBB TAHUN 1982 TENTANG HUKUM LAUT (UNCLOS 1982)." Honeste Vivere 34, no. 2 (2024): 176–96. http://dx.doi.org/10.55809/hv.v34i2.341.

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The settlement of disputes both concerning maritime borders and the interpretation and application of the 1982 UN Convention on the law of the sea has also been regulated in articles 279 to 291 of the UN Convention. Article 279 states about the obligation to resolve disputes by peaceful means that:. States Parties shall settle any dispute between them concerning the interpretation or application of this Convention by peaceful means in accordance with article 2, paragraph 3 of the Charter of the United Nations (United Nations), and to this end shall seek settlement in the manner provided for in

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