The subject of International Transport Law is to determine the rules of direct or transit transportation from one country to another country or countries.
Different regulations in the domestic laws of the countries cause problems in international transportation, which is the main part of foreign trade.However, liberation of goods and passengers from these problems as much as possible increases the transfers of science, technology and culture between countries and plays an important role in the economic development of countries.In the development of developing or less developed countries, the importance of transportation cannot be denied.
We can divide the International Transport Law into two as the rules regarding goods transportation and passenger transportation.However, there are also examples where rules on both goods and passenger transport are regulated in the same international convention.
Republic of Turkey has the International Road Transport treaty with 50 countries regarding the transport of passengers and goods.
In determining the law to be applied in the transportation of goods from one country to another, the delivery method agreed by the parties, the transportation model, the nature of the goods and the countries are important.Bilateral or multilateral international conventions, local legislation and the contract between the parties are made by considering these factors.
One of the most common types of contracts in international trade is the contract on the transportation of goods.The number of international bilateral and multilateral agreements in which goods transportation contracts are subject is quite high.
Depending on the delivery methods used in international trade, the obligations of the parties and the documents to be used vary.( EXW,FCA, FAS, FOB, CFR, CIF, CPT, DAF, DES, DEQ, DDU, DDP )
CMR contract on road transport,
COTIF contract on railway transport,
Montreal agreement on air transport,
UN convention on maritime transport,
Among the multilateral legal regulations of international transport law, they are often used in practice.The document used in maritime transport is called marine bill of lading, railway transport bill in railway transport, road transport bill in road transport, and airway bill in air transport.
There is no common international text on the transportation of goods accepted by all states in the world.However, the United Nations and other regional associations establish binding norms for their members in road, air, rail and maritime transport.
In the resolution of disputes arising from transport contracts, if there is no inter-state bilateral or multilateral agreement, rules of conflict of laws are applied.
The contract of carriage is the contract under which the carrier undertakes to take an item from one place to another in return for a fee.Shipper refers to the person who makes a carriage contract with the carrier.
Buyer refers to the person to whom the goods should be delivered within the framework of the contract of carriage, transport document or electronic shipping record.
A carriage contract is drawn up between the carrier and the shipper.Based on this, the carrier also issues a transport bill.Transport document is divided into two as negotiable and non-negotiable.
In order for the CMR Contract to be applied to the dispute, the loading place and the place of delivery must be two different countries and at least one of the countries must be a party to the CMR contract.
Transportations outside the scope of CMR's are funeral, mail and household goods.
According to CMR, the contract of carriage takes place with the arrangement of the consignment note.
The consignment note is a written document that has the power to prove that the contract of carriage has been concluded, the terms of the contract and the acceptance of the goods by the carrier until otherwise proven.
According to CMR, the carrier is responsible for the partial or complete loss and damage to the item fIn air transport, the provisions of the Montreal Convention is applied.rom the moment of receipt until delivery.
This international contract is valid for all international passenger, baggage and cargo transport by air way for a fee.
According to the Montreal Convention, the right to litigate ceases after two years from the arrival to the destination, the stopping of carriage or the date on which the aircraft should arrive.
COTIF agreement that approved by the Republic of Turkey in 1985, contains rules regarding passengers, baggage and goods to be transported by railway.
This agreement is also the establishment agreement with the international organization status of OTIF, whose headquarters is in Bern.
An arbitral tribunal has also been established for the settlement of disputes arising from the implementation or interpretation of the contract between the member states.
Each Member State may suggest two arbitrators who are experts in international transport law for the list of arbitrators who can serve in the arbitral tribunal.
compound Provisions Regarding the Convention on International Passenger and Baggage Carriage by Railways(CIV),
compound Provisions Relating to the Convention for the International Carriage of Goods by Rail (CIM),
It is arranged as compound provisions after the rules of COTIF regarding the establishment and operation of OTIF.
International bilateral agreements contain rules on:
Vehicles belonging to countries that do not have a transpoartation agreement with Turkey and international road transport to Turkey or to be used in transportation through Turkey must obtain permission from the Ministry for each vehicle.