International conventions on the transport of goods and electronic transport documents

The regulatory approach of international conventions on the transport of goods regarding some important issues in the field of electronic transport documents, such as the legal recognition of electronic transport documents, their functions and legal force makes the subject of analysis in this paper....

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Main Author: Divljak Drago Lj.
Format: Article
Language:English
Published: University of Novi Sad, Faculty of Law 2020-01-01
Series:Zbornik Radova: Pravni Fakultet u Novom Sadu
Subjects:
Online Access:https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2020/0550-21792004161D.pdf
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author Divljak Drago Lj.
author_facet Divljak Drago Lj.
author_sort Divljak Drago Lj.
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description The regulatory approach of international conventions on the transport of goods regarding some important issues in the field of electronic transport documents, such as the legal recognition of electronic transport documents, their functions and legal force makes the subject of analysis in this paper. The overall reach and limitations of the relevant convention rules are also included in the analysis. Conventions in the field of transport of goods, neither conceptually nor in terms of important issues, do not approach the problem of legal regulation of electronic transport documents in the same manner. While some conventions try to approach this problem systematically, in some branches of transport, the conventions are still applicable which, with their content, only implicitly enable the use of electronic transport documents. Regarding the completeness of the regulation of this matter, the Rotterdam Rules and the Additional Protocol to the CMR Convention stand out, but they differ in terms of the adequacy of regulation and final reach. The Rotterdam Rules, despite a very ambitious approach, have failed to adequately resolve the most challenging issue of this entire matter, which is the effective accomplishing of the subject matter-legal functions of a portable electronic record, which greatly reduced its ultimate reach. On the other hand, the Additional Protocol established a completely satisfactory legal foundations for the application of electronic transport documents in road transport.
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spelling doaj.art-21b88cff8ff444b588989f6e4d78678e2022-12-21T22:36:43ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552020-01-015441161118110.5937/zrpfns54-304420550-21792004161DInternational conventions on the transport of goods and electronic transport documentsDivljak Drago Lj.0Univerzitet u Novom Sadu, Pravni fakultet, SerbiaThe regulatory approach of international conventions on the transport of goods regarding some important issues in the field of electronic transport documents, such as the legal recognition of electronic transport documents, their functions and legal force makes the subject of analysis in this paper. The overall reach and limitations of the relevant convention rules are also included in the analysis. Conventions in the field of transport of goods, neither conceptually nor in terms of important issues, do not approach the problem of legal regulation of electronic transport documents in the same manner. While some conventions try to approach this problem systematically, in some branches of transport, the conventions are still applicable which, with their content, only implicitly enable the use of electronic transport documents. Regarding the completeness of the regulation of this matter, the Rotterdam Rules and the Additional Protocol to the CMR Convention stand out, but they differ in terms of the adequacy of regulation and final reach. The Rotterdam Rules, despite a very ambitious approach, have failed to adequately resolve the most challenging issue of this entire matter, which is the effective accomplishing of the subject matter-legal functions of a portable electronic record, which greatly reduced its ultimate reach. On the other hand, the Additional Protocol established a completely satisfactory legal foundations for the application of electronic transport documents in road transport.https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2020/0550-21792004161D.pdfinternational conventionstransport of goodselectronic transport documentslegal recognitionaccomplishing of functions
spellingShingle Divljak Drago Lj.
International conventions on the transport of goods and electronic transport documents
Zbornik Radova: Pravni Fakultet u Novom Sadu
international conventions
transport of goods
electronic transport documents
legal recognition
accomplishing of functions
title International conventions on the transport of goods and electronic transport documents
title_full International conventions on the transport of goods and electronic transport documents
title_fullStr International conventions on the transport of goods and electronic transport documents
title_full_unstemmed International conventions on the transport of goods and electronic transport documents
title_short International conventions on the transport of goods and electronic transport documents
title_sort international conventions on the transport of goods and electronic transport documents
topic international conventions
transport of goods
electronic transport documents
legal recognition
accomplishing of functions
url https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2020/0550-21792004161D.pdf
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