Topic 8. International transportation

§ 1. Concept and types of international transportation. Features of legal regulation

§ 2. International air transportation.

§ 3. International rail transport

§ 4. International road transport

§ 5. International maritime transport

§ 6. International multimodal transport

Concept and types of international transport. Features of legal regulation

The concept of international transportation. In science there are a number of definitions of international transportation, since there is no single definition in national regulations and international acts. International transportation- this is the transportation of goods, passengers and luggage, which is carried out at least between two states in accordance with the conditions provided for by interstate agreements.

This definition is quite approximate. The question remains controversial whether transportation from the territory of one state to the territory of the same state is international, but transit through the territory of another state (for example, transportation from Moscow to Kaliningrad through the territory of one of the Baltic countries). A number of Conventions note that such transportation will be international subject to a stop on the territory of that other state.

Thus, in accordance with Russian legislation on road transport, stopping on the territory of a foreign state is not a mandatory criterion for classifying road transport as international transport.

It should be noted that international transport agreements provide autonomous definitions regarding international transport by certain modes of transport in relation to various objects of transport, applicable only to transport regulated by these conventions. If the transport does not fall within the scope of the relevant Convention, its international character is determined in accordance with the applicable law. For example, according to the Warsaw Convention of 1929, transportation in which the place of departure and destination are located on the territory of the same state party is considered international if the agreed stop is provided on the territory of another state, even if this state is not a party to the Convention (clause 2 Art. 1). Transportation without such a stop is not considered international in the sense of the Warsaw Convention.

The issue of classifying transportation as international transportation only if it is regulated by international agreements remains controversial. According to some authors, in the absence of an international agreement, transportation across borders is not international and is regulated by national legislation. According to the logic of these authors, if a country is not a party to transport conventions, then it does not carry out international transportation. Both the Conventions and the national laws of countries have conflict of laws rules that determine the law applicable to transportation. We are talking not about national, but international transportation, which for a number of reasons is regulated by law chosen on the basis of conflict of laws rules. With regard to national transportation, the question of conflict of laws rules does not arise at all. In particular, one of these reasons is the lack of regulation of the controversial issue in the relevant Convention. Another reason may be the non-participation of a particular country in the Convention governing the relevant transport. Thus, the UN Convention on the International Multimodal Transport of Goods of 1980 has not yet entered into force, but this does not mean that contracts for the multimodal transport of goods from one country to another, concluded by the parties, are not international. Another thing is that crossing borders requires agreements between the states that own the borders. As for the regulation of international transportation contracts, they may well be regulated on the basis of conflict of laws rules (national or unified convention), which was done before the adoption of the relevant Conventions. Currently, international transport on all types of transport is regulated by a number of Conventions with a large number of participants, and in practice they are mostly regulated by international agreements.

Feature international transportation is the definition of the foreign element that makes the transportation international. The traditional classification of foreign elements, which characterizes the relationship as international (transborder), is not applicable here. Such a foreign element is not the subject of transportation relations. For example, a foreign company transports cargo within Russia. Transportation is not international. Transportation is international if, in accordance with the contract, it must be carried out from one state to another. The foreign element is inherent in the process of movement, which is the essence of transport activity.

To recognize a carriage as international, it is not necessary that the cargo or passenger actually crossed the territorial or customs borders of the state. It is enough to conclude an international transportation agreement. For example, if cargo is lost at the point of departure from State A to State B, the transportation is qualified as international, but border crossing does not take place. Thus, one should not equate the conclusion of an international transportation agreement with its implementation.

Types of international transportation. Just like domestic transportation varies depending on the modes of transport and the object of transportation.

By type of transport there are: international road, rail, air, river and sea transportation; intermodal transport;

According to the object of transportation, they are distinguished: transportation of goods, passengers and luggage.

Transit, mixed, container and combined transportation have certain specifics.

Features of legal regulation. Regulation of international transportation is carried out by international agreements, national legislation and customs that have developed in the practice of transportation relations.

Legal regulation of various types of international transportation has its own characteristics. At the same time, the general principles of such regulation should be noted.

The main significance in the legal regulation of international transportation belongs to international treaties. In the field of road, sea and river transport alone, there are more than 110 interstate and intergovernmental (multilateral and bilateral) agreements, of which Russia is a party.

International treaties mainly contain substantive norms. Conflict of laws rules of conventions usually concern issues not regulated by substantive rules. As a rule, they refer to the law of the country of the forum. Russia is a party to most transport conventions.

In international agreements for all types of transportation, practically, although in different ways, the same range of issues is resolved.

These are, first of all, requirements for transportation documents.

In all types of international transportation, issues such as carrier's liability and establishing its limits, distributing the burden of proof of guilt, establishing the grounds for exemption from liability of the carrier, statute of limitations and filing claims. The burden of proving his innocence lies primarily with the carrier. The parties do not have the right to reduce or exclude, but have the right to increase the carrier's liability. If there is intent or gross guilt of the carrier or its personnel in causing harm, the limits of liability, as a rule, do not apply.

Feature transportation relations is that they are closely intertwined with relations of ownership and other proprietary rights to the vehicle, obligations to cause harm, labor relations of the carrier with members of the vehicle crews, etc. The international nature of transportation creates additional difficulties in qualifying legal relations as transportation ones and determining the applicable law to various types of relations related to transportation, since various conflict of law provisions apply to them.

Feature contracts of carriage is that in many countries domestic transport is subject to the same rules as international transport, i.e. standards established in international conventions ( infiltration unified rules of private international law into national legal systems).

In international transportation contracts, various conflict bindings: law of the place of departure or destination; the law of the place where the contract was concluded; flag law, etc.

In accordance with the Civil Code of the Russian Federation the law chosen by the parties applies to contracts of carriage by all modes of transport (Article 1210). If the parties have not chosen the law, the law of the country with which the contract is most closely related (clause 2 of Article 1211) is applied. This right is the law of the country where the carrier has his place of residence or main place of business (subparagraph 6, paragraph 3, Article 1211). It should be borne in mind that by virtue of clause 3 of Article 1186 of the Civil Code, if the contract of carriage is regulated by an international agreement containing substantive rules, the choice of law is not made using conflict of laws rules. Issues not regulated in such conventions are resolved using conflict of laws rules established in the conventions themselves, which, as a rule, refer to the national law of the country of the forum. If there are no conflict of laws rules in the conventions, the applicable law is determined using the conflict of laws rules of the country of the forum.

It should be borne in mind that in accordance with Russian legislation (Article 800 of the Civil Code of the Russian Federation), the carrier’s liability for causing harm to the life and health of a passenger is determined according to the rules of obligations resulting from harm (Chapter 59 of the Civil Code), unless the law or the contract of carriage provides for increased liability carrier. These rules will apply if Russian law is determined to be the applicable law.

International transport organizations. Great importance in the development of draft conventions, unified rules and technical regulations belongs to international transport organizations. They are created by mode of transport.

The most authoritative air transport is International Civil Aviation Organization (ICAO). It was created in accordance with the 1944 Convention as a specialized agency of the UN. The Chicago Convention on International Civil Aviation of 1944 adopted the ICAO Charter.

The main statutory objectives of ICAO include:

Ensuring the safe and orderly development of international civil aviation throughout the world;

Organization and coordination of international cooperation on all issues of civil aviation, including international air transportation. One of the goals of ICAO is to prevent economic losses caused by unreasonable competition.

18 annexes to the 1944 Convention are ICAO documents - international aviation regulations (standards, recommended practices, procedures).

Within the framework of ICAO, a number of conventions have been developed and adopted, including the Montreal Convention for the Unification of Certain Rules for International Air Transport of 1999.

In area maritime transport valid International Maritime Organization (IMO), created in 1949. It is a specialized agency in the UN system. Currently, its members are more than 160 states, including Russia. Within the framework of this organization, the Athens Convention on the Carriage of Passengers and Their Luggage by Sea of ​​1974, the International Convention to Facilitate International Maritime Traffic of 1965, etc. were developed and adopted.

Established in 1905 Baltic and International Maritime Organization (BIMCO). Her main task is the preparation and revision of charter forms and other transport documentation; publication of standard forms of transportation documents. Organizations in the field of water transport are the most numerous. There are more than 100 of them.

On railway transport: Intergovernmental Organization for International Transport by Rail (OTIF), Council for Railway Transport of the Commonwealth Member States, Organization for Cooperation between Railways (OSJD).

In the field road transport operate:

Organization for the Prevention of Road Accidents (ROAP), International Road Federation (IAF), International Road Transport Union (IRU), etc.

On river transport There are such well-known organizations as the Danube Commission and the Central Commission for the Navigation of the Rhine.

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Content:

Introduction
1. The essence of international transport operations

3. Organization of international transport
4. Basic conditions for transport services for foreign trade transactions
5. Legal basis of transport operations
Conclusion
Bibliography
Introduction
The choice of this topic as a study can be justified by its relevance for Russia, namely, attempts to harmonize the transport system with the processes of formation and development of international transport corridors that have been intensifying recently (5-10 years):
° coordinated development of transport infrastructure with the aim of integrating Euro-Asian transport systems for the smooth movement of passengers and goods across national borders - rationalization of interaction between different modes of transport in the intermodal transport chain;
° optimization of the transport process in order to improve the quality of transportation and reduce transport costs in the final cost of goods - creating conditions for reducing tariffs for the transportation of passengers and goods in domestic traffic by increasing the load on the domestic transport network and better use of existing reserves;
° promoting the development of new territories and the development of cross-border cooperation, the development of new domestic and international markets - increasing population mobility and improving transport accessibility of regions;
° switching transit and Russian foreign trade cargo flows from ports of other countries to domestic seaports;
° increasing the attractiveness of investment projects for the development of international transport corridors - the development of international tourism and cultural relations.
1. The essence of international transport operations
Transport connections are an important and indispensable component of the functioning of international economic relations. Vehicles ensure the movement of goods and services in world markets from suppliers to consumers. Functionally, transport directly serves the circulation process, merging with it completely. Outside of transport services, it is difficult to imagine the process of circulation of goods and services.
Transportation of goods and services continues the production process. The costs of transporting the created products are added to the total costs of this product and are included in the cost and price. They constitute additional distribution costs and act as an important component of the price. At the same time, the share of transport costs in the price can be very significant (up to 30% of the cost of production). Therefore, the success of a foreign trade contract and its economic efficiency largely depend on how a particular cargo is transported and whether the most economical and fast vehicles are used for transportation.
The transport factor has always been considered as an important prerequisite for the intensification of world trade. The great geographical discoveries of the 16th-18th centuries were directly caused by the growth of maritime shipping, which gave a powerful impetus to the development of world trade. Having mastered the forces of steam and electric energy in the 19th century, humanity has significantly improved means of transport. Steamships and railways made a real revolution in transport. All this, in turn, contributed to the further development of world economic ties.
International economic relations determine enormous flows of movement of goods from one country to another. The transport network itself is formed within the framework of national economic systems. All types of transport (with the exception of sea transport) have, first of all, on-farm purposes for their functioning. At the same time, they also serve international transport. As international trade expands and deepens, international transport connections also develop; The most important factors of their constant growth and qualitative improvement are: 1) the pace and volume of foreign economic activity;
2) scientific and technological progress, the use of achievements of which directly affects the quality of vehicles.
Transport services for international economic relations are carried out in two directions: transportation of goods and transportation of passengers. We will mainly consider the first direction, since it is directly related to foreign trade contracts. Over the past 20-25 years, there has been a tendency towards a reduction in the volume of transported cargo. In the early 70s, the total volume of international transport was estimated at 4.5-4.6 billion tons. In 1996, the tonnage of transport decreased to 3.8 billion tons. This fact does not indicate a drop in the pace of international trade, but the quality changes in the structure of commodity exchange, where the share of fuel and raw materials products as the most “transport-intensive” has decreased.
2. Types of transport operations
Among all modes of transport, maritime transport is the most common in international trade. This type of transport provides approximately 65% ​​of international freight traffic. The main range of transportation consists of liquid and bulk cargo, i.e. all the same fuel and raw materials, constituting about 40% of the volume of maritime transport. The remaining 60% falls on general cargo (finished industrial products, consumer goods, food).
Rail transport accounts for approximately 15-17% of international traffic. It is generally used for intracontinental transport. After all, you can’t travel from Russia to the USA by rail! If the average length of maritime foreign trade transportation is 2500-3000 km, then by rail it is approximately 800-1100 km.
Over the past 30-40 years, air transport has become a serious competitor to maritime transport. Given the advantages of air transport in speed of travel, it has become a leader in international passenger transportation. Moreover, as high-speed and wide-body aircraft were introduced, carrying capacity increased quite sharply. Only for the period 1985-1995. the volume of international air traffic has more than doubled. However, in terms of cost, this type of transport is one of the most expensive. Therefore, its share in the total volume of global cargo transportation barely exceeds 6%.
The least important in transport services for foreign economic relations are occupied by road and river transport. In general, they account for about 5% of the volume of foreign trade freight traffic. These types of transport are more local than the above, due to their technical nature. If railways serve intracontinental transportation, then roads and river routes ensure the movement of goods, as a rule, between neighboring states. The average length of an international car journey does not exceed 600 km. The significant role of pipeline transport should also be mentioned. Its purpose is related to the systematic and uninterrupted delivery of oil and petroleum products and natural gas. The specificity of this type is due to the high cost of commissioning pipelines and low operating costs. Highlighting the volumes of products transported through pipelines, we note the significant role of this type of transport in the structure of international freight traffic - 7-8%.
3.Organization of international transport
The process of transporting goods that are moved on the basis of concluded foreign trade contracts consists of three sections of movement. The first section of the movement is the transportation of cargo across the territory of the sender’s country: from the point of shipment of the goods to the border. The second part of the movement is the transportation of cargo across the territory of another country: from the border of the country - the sender of the cargo to the border of the country - the recipient of the cargo. This section is called transit. This option may not exist in the case where the foreign trade counterparties are neighboring countries that have a common border. In this case, there is no transit section. The third section of the movement is the transportation of cargo across the territory of the recipient country: from the border to the destination.
The content of the concept of “international transport operations” includes several interrelated stages.
1. Freight of the vehicle. As a rule, shippers and consignees do not have their own vehicles, so they must rent (charter) them. In the process of international transport connections, the freight services market occupies an important place. The largest exporters on the world market do not have a full range of vehicles. Countries such as the USA, Germany, France, China, etc. use freight companies for 80-90% of the volume of sea transportation. In the early 90s, the value of freight transactions per year was $115-125 billion. The main suppliers of freight services are Japanese, Panamanian and Liberian companies.
2. Delivery of cargo to mainline vehicles.
Such services are provided by local transport companies, which mainly supply vehicles for the delivery of exported goods to ports of departure to foreign recipients.
3. Implementation of the international transportation process itself. It depends on how transportation conditions are reflected in the price of the goods supplied, and to what extent transportation costs affect the effectiveness of the foreign trade contract.
4. Transshipment of transported goods to other modes of transport. Essentially, we are talking about intermediary services in transit transportation and transshipment of goods from one type of transport to another. During any international transportation, cargo is repeatedly (sometimes more than 10 times) sequentially transferred from one carrier to another. It is much more economical to carry out such a procedure through the mediation of one company, which undertakes a range of services for transshipment of goods, storing them in cargo terminals in the period of time between transportation by one transport and then by another. Here the issue of protecting the commercial interests of cargo owners becomes very relevant. After all, during long-term transportation, cargo is actually alienated from cargo owners and is under the responsibility of carriers. Therefore, the process of transporting cargo must be accompanied by insurance. Therefore, the largest insurance companies, such as the Institute of London Insurers, General Reinsurance Corporation, United Mills Agency and many others, insure foreign trade cargo.
5. Forwarding services. The cargo owner cannot have his representatives at all points where operations with his cargo are carried out. Having a network of offices in many places is extremely uneconomical for a company. Therefore, as a rule, cargo owners use the services of forwarding companies, which undertake the services of ensuring reliable escort of goods to their destination. Typically, forwarders perform the functions not only of accompanying cargo, but also of organizing transit, transshipment to other vehicles, organizing cargo operations, preparing transport documents, making payments for freight, and for containerization of cargo with cargo terminal operators.
Organizing international transportation is a very complicated procedure. Bearing in mind that the main mode of transport in international communications is sea, we will take a closer look at the principles of organizing the transportation process here. Many of these principles (sometimes the terminology itself) were subsequently established in other types of transportation. Specific points of the transportation process are the subject of bilateral international agreements.
International agreements develop and fix the legal relations of the parties. In international shipping, two main forms of transportation organization have developed: linear (regular) and tramp (irregular). The line organization provides transportation vehicles in the main, large geographical areas of international trade. Vessels are assigned to certain routes for a long time (3-5 years). Large shipping companies from Japan, the USA, France and Canada operate here. Linear carriers provide clients with a full range of transportation services, including not only delivery to the port of destination, but loading and unloading of goods, transshipment of goods, storage, and transshipment to transit lines. Linear transportation is documented by sea bill of lading. This document legally secures the carrier’s right to dispose of the cargo during transportation and is confirmation of the fact of shipment of the exported goods.
Trump shipping develops on non-main shipping routes and is distinguished by the following features: 1) ships are not assigned to specific routes; 2) unlike a linear organization, transportation tariffs are less stable and fluctuate depending on supply and demand in the freight market; 3) the main figure is exclusively freight intermediaries, who offer vessels for short-term lease for the delivery of goods. The sea transportation contract in tramp shipping takes the form of a charter (short-term lease). There are the following forms of charter agreements: flight charter; time-charter - for a longer time than one flight; fixed-term charter (prompt-charter -- prompt-charter) -- agreement on preparation, etc.................

The rules of international transport law regulate the social relations that form the subject of this complex industry. It is precisely due to the fulfillment of the regulatory function by norms that such relations acquire legal form and become international transport legal relations. The specified legal relations are a special legal connection between participants in social processes in the field of international transport activities for transportation, which arises and exists on the basis of the norms of international transport law. In essence, a legal relationship is a form in which an abstract norm of a given complex industry receives concrete expression.

Like any legal relationship, an international transport legal relationship consists of the following elements: object, content and subject composition of the legal relationship.

Object of legal relationship - this is what the activity of its subjects, their behavior, arises and carries out; this is what their subjective rights and obligations are aimed at. Consequently, the object of international transport legal relations is international transport activities related to transportation.

Subject composition of international transport legal relations - the totality of participants in this legal relationship. They can be individuals (natural persons), legal entities, states. The minimum composition of subjects of legal relations includes an authorized subject and an obligated subject (shipper - carrier; consignor - freight forwarder; carrier - consignee; carrier - representative of the customs authority, etc.).

The subjects of legal relations have legal personality, i.e. social and legal opportunity to be participants in international transport legal relations. The elements of legal personality are legal capacity, legal capacity and delictual capacity of the subjects of legal relations.

Subjective rights of subjects of international transport legal relations are a measure of the permitted behavior of subjects of international transport legal relations. Subjective responsibilities are a measure of the proper behavior of subjects of international transport legal relations.

Since international transport law is a complex branch, it has three types of legal relations: legal relations of an international public, international private and international administrative nature. Let's look at each of them.

As a result of the regulation of certain social relations by the norms of public international law, they acquire a legal form and become international public legal relations. These relations in the field of transport activities are international public transport legal relations. An essential feature of public international law is that it “regulates exclusively intergovernmental relations between states.” This means that, firstly, in such relations, states consciously voluntarily limit their sovereignty by taking on certain responsibilities.

Secondly, states are the subjects of international public relations. If, within the framework of national legal systems, legal relations develop between the power structures of the state, between these structures and individuals, legal entities, and, finally, between the individuals and legal entities themselves, then the parallel existing international public legal system is characterized by legal relations only between states. In our case, between states in connection with transport activities.

Further. International public legal relations are regulated by the norms of public international law. They are, in essence, rules-agreements between independent subjects of intergovernmental international relations. In other words, states establish legal norms for themselves. While in national legal systems the state establishes legal norms mainly for such subjects of legal relations as individuals and legal entities.

Since parity is the basic principle of recognition of the validity of the norms of international public law, the obligations and rights of subjects of international public relations (i.e. the content of relations) are mutual and equal. This fundamental point can be clearly confirmed by the provision formulated in the preamble of the Chicago Convention and relating to one of the purposes of its adoption. It is that international air services can be established on the basis of equality of opportunity. The Convention also states that the rights to operate scheduled and non-scheduled flights into the territory or transit direct flights through the territory of a sovereign state are the same for contracting states and exclude any privileges (Articles 5, 6).

The central place among the legal relations of international transport law is occupied by private law relations. When considering them, it is necessary to keep in mind that, along with property relations with the participation of foreign individuals and legal entities, foreign trade relations, inheritance relations regarding property located abroad, and some others, international transport private law relations constitute the subject of private international law. It follows from this that the qualities inherent in international private law relations also apply to international transport private law relations.

When analyzing the latter, consideration must first be given to such constituent concepts as “international” and “private law”.

As is rightly emphasized in the textbook on private international law by the team of authors of the Moscow State Law Academy, in the context of private international law the term “international” differs in content from the same term used in international (public) law, for which it is, in fact, a synonym the concept of "interstate".

Within the framework of private international law, the concept of “international relations” means relations that go beyond the boundaries of one state and are associated with the legal systems of different states. In relation to international transport law, this is associated with crossing the state border and fulfilling the terms of the contract of carriage on the territory of a foreign state. The fact that a significant part of the public relations of international transport law is of a private law nature is of significant importance.

Private law relations are relations regarding the ownership and use of property on the basis of the legal equality of their participants, the autonomy of their will and property independence. It is these legal categories that are inherent in private law relations of international transport law. Thus, the concepts of “international” and “private law”, applied to the relations of international transport law, have their own specific content and are inextricably linked. The basis for their unification is the so-called “foreign element”. It is inherent in international transactions and means that the subjects of legal relations are individuals and legal entities of different states, that the object of legal relations is property located abroad, and that the legal facts as a result of which legal relations arise take place on the territory of a foreign state.

Regarding international transportation, this is manifested in the fact that the participants in transport contractual relations - shipper, carrier, consignee - can represent different states, and the transportation contract can be concluded abroad.

Contractual relations regulated by international transport law refer to legal relations of obligations. As such, they mediate the dynamics of property relations of a private law nature, expressed, for example, when transporting cargo in the transfer of property in the form of cargo to the carrier for its movement in space across the state border with subsequent delivery to the recipient. These relations are established by the will of the persons participating in them. The basis for the emergence of property relations is an international transportation agreement. These private law relations are characterized by the equality of the parties and their independence from each other. The legal independence of the parties means that neither of them can dictate its terms to the other party or give it binding instructions.

If the party authorized in these legal relations has the right to demand certain behavior of the obligated party, then only by virtue of an international transportation agreement existing between them or a direct indication of a normative source. Thus, the sender of the cargo has the right to demand that the carrier check the weight of the cargo or its quantity, the contents of the package (Clause 3, Article 8 of the CMR), and give instructions regarding the disposal of the cargo (Clause 3, Article 12 of the Montreal Convention of 1999).

Direct instructions from regulatory sources regarding the binding nature of orders from one party to international transport relations for the other relate to issues of correct loading of vehicles, ensuring transportation safety, and some others. In particular, in accordance with Art. 3 Agreement between the Danube shipping companies of Bulgaria, Hungary, Romania, the USSR and Czechoslovakia on general conditions for the carriage of goods of 1956, in the case when the ship is loaded by the shipper, he is obliged to fulfill all the requirements of the captain (skipper) of the ship regarding the loading and stowage of goods in cargo spaces and on deck.

The specificity of international transport private law relations can be traced not only when considering them as a single whole, but also when studying their individual elements, which include objects, subjects and content.

Object international transport private law relations is the material benefit regarding which a legal relationship arises and the activities of its participants are carried out - this is an international transportation service. In the theory of civil law, such services are called “actions”. The essence of such actions - services for the international transportation of cargo is the carrier's acceptance of the cargo along with the necessary documents from the shipper, its transportation along the established route, the resolution of all formalities at the border, the timely delivery of the cargo safely to the destination and its delivery to the consignee.

Subjects international transport private law relations – individuals and legal entities. The term “individuals” should be understood as citizens of the relevant state, as well as foreign citizens, as well as stateless persons. Legal entities may include foreign legal entities.

The subjects of international transport private law relations are mainly participants in agreements on the organization and implementation of transportation crossing the state border.

Content The international transport private law relationship consists of subjective rights and subjective obligations of its participants. Both elements are inextricably linked with each other. Thus, in order for the shipper to exercise his right to deliver cargo across the state border to its destination, the carrier must fulfill the obligation to carry out the international transportation of the cargo and deliver it to the recipient. Consequently, subjective right and subjective obligation arise simultaneously. The essence of subjective law as an element of an international transport private law relationship is to provide its participant (subject) with the opportunity to demand appropriate behavior from the obligated subject of the legal relationship, supported by a system of guarantees up to the use of state coercive measures. In accordance with transport conventions and agreements, the shipper has the right to demand that the carrier provide transportation services, while he, as a participant in an international transport private law relationship, can make a claim for compensation for damage caused to him directly to the causer (carrier), using the established claims procedure. If damage is not compensated voluntarily, forced compensation is possible with the help of judicial authorities.

Subjective duty is a measure of proper behavior of a participant (subject) of international transport relations and is the opposite of subjective right. What the shipper has the right to demand must be fulfilled by the carrier.

As in any legal relationship, the subjects of international transport private law relations have character and bear responsibilities. Thus, the shipper has the right to demand delivery of the cargo to its destination, but at the same time he is obliged to pay for the service provided. On the other hand, the carrier is obliged to transport the cargo and deliver it to the recipient, but he has the right to demand payment for the transportation service.

The next type of international transport legal relations is international administrative legal relations related to transport activities, which have their own characteristics. One of them is that it is a relationship of power and subordination. The second party to the legal relationship must unconditionally obey the requirements of the competent authority in the transport sector, vested with authority (the mandatory requirements of the customs authorities - Article 33 of the TIR Convention; the person authorized to regulate road traffic - Clause 2 of Article 6 of the 1968 Convention on Road Traffic. ; captain of a sea trade port - Article 76 of the Code of Labor Code of the Russian Federation, etc.).

This is the fundamental difference between international administrative relations and international private law relations in the field of transport activities, which, as already noted, are characterized by equality of parties.

The next feature of these relations concerns the subject composition. In these relations, one of the parties is a subject of government, in whose hands power is concentrated. Consequently, she has priority of will in relations with the second party, primarily with the carrier.

Another feature of international administrative legal relations related to transport activities is that in the sphere of public administration there are a special kind of subjects - executive authorities. They exercise their powers by directly and directly expressing the will and interests of the state.

Although international administrative legal relations in this area arise at the initiative of any of the parties, the consent or desire of the second party (carrier, consignor, consignee) is not a prerequisite for their occurrence. Moreover, such relationships can arise against the wishes of the other party. Subjects of executive power, within the framework of their powers, require unconditional obedience to their orders. At the same time, they have the right to apply the penalties provided for by administrative law. There are direct indications of this in international and national sources (Article 36 of the TIR Convention), Art. 12 Chicago Convention, art. 65 of the Air Code of the Russian Federation, etc.).

The vesting of executive bodies with the powers to bring violators of public law interests to administrative responsibility is due to the fact that in administrative-legal relations, unlike civil law relations, which are characterized by the responsibility of one party to the other, a different procedure has been established, according to which the responsibility of one party comes directly before the state represented by its competent authorities.

The process of delivering goods in international trade includes, first of all, its transportation from the domestic point of production A to the border point (port) B of the exporting country; further international transit or sea transportation from point B to border point (port) B of the importing country (if trading partner countries do not have a common land border); and, finally, transportation of goods from point B to the internal point of its consumption D (Fig. 20.1).

Transport operations in their immediate meaning mean ensuring the transportation of cargo in sections A-B; B-V; V-G. These operations are carried out under a contract of carriage between the cargo owner and carriers of the relevant types of public transport, which include vehicles and permanent devices belonging to transport organizations, provided to cargo owners under contracts.

Transport operations are considered international if they are associated with the movement of foreign trade goods on sections of the B-B transportation route external to the exporting country and the importing country. Legal relations arising in such transport operations between senders and recipients of goods, as well as between them and carriers, are of an international nature.

Rice. 20.1. Scheme of the process of delivering goods in international trade

Carrying out international transport operations, carriers provide transport services to cargo owners, which are a specific product of international trade. International transport services are bought and sold in international transport markets. Prices for transport services (tariffs, freight, fees, etc.) and other conditions for their provision, in some cases are the subject of negotiations between interested parties, and in others they are set by the carriers themselves.

The level of tariffs (freight rates for the transportation of goods by sea) are closely related to the loading volume, length or heaviness of the cargo, its cost, the state of the commodity market, the conditions of the freight market, the conditions of the vessel's voyage and associated costs. An important role is played by the qualitative characteristics of the cargo: its compatibility with other cargo, the type of packaging, its ability to influence the stability of the vessel, susceptibility to damage and theft, etc.

Thus, cargo transportation services are the subject of purchase and sale in various transport markets. Countries participating in international economic relations, selling and buying transport services through their cargo ownership, transport and other organizations, export and import their goods.

The relationships between participants in the transport process are regulated by the transport conditions of the purchase and sale agreement, transportation contracts, as well as other written documents.

In international transportation, transport operations begin and end with foreign trade transactions, and transportation costs are directly taken into account and included in the price of the goods.

The process of transporting goods from the manufacturer (seller) to the consumer (buyer) is associated with the need to prepare it for transportation, select the most efficient means of transport and method of transportation, as well as perform a number of commercial, sanitary-epidemiological and other operations. To do this, in accordance with the transport terms of the goods purchase and sale agreement, the seller and buyer must enter into transportation and insurance contracts, pay the costs of delivering the goods to the carrier, commissions, and also insure the goods against possible risks.

Various options for contracts for the export and import of goods are set out in a special collection of the International Chamber of Commerce (2000, called INCOTERMS 2000), as well as in a number of other international agreements. They collectively regulate the organization of international transport.

Transport connections are an important and indispensable component of the functioning of international economic relations. Vehicles ensure the movement of goods and services in world markets from suppliers to consumers. Functionally, transport directly serves the circulation process, merging with it completely. Outside of transport services, it is difficult to imagine the process of circulation of goods and services.

Transportation of goods and services continues the production process. The costs of transporting the created products are added to the total costs of this product and are included in the cost and price. They constitute additional distribution costs and act as an important component of the price. At the same time, the share of transport costs in the price can be very significant (up to 30% of the cost of production). Therefore, the success of a foreign trade contract and its economic efficiency largely depend on how a particular cargo is transported, and whether the most economical and high-speed vehicles are used for transportation.

The transport factor has always been considered as an important prerequisite for the intensification of world trade. The great geographical discoveries of the 16th-18th centuries were directly caused by the growth of maritime shipping, which gave a powerful impetus to the development of world trade. Having mastered the forces of steam and electric energy in the 19th century, humanity has significantly improved means of transport. Steamships and railways made a real revolution in transport. All this, in turn, contributed to the further development of world economic ties. International economic relations determine enormous flows of movement of goods from one country to another. The transport network itself is formed within the framework of national economic systems. All types of transport (with the exception of sea transport) have, first of all, on-farm purposes for their functioning. At the same time, they also serve international transport. As international trade expands and deepens, international transport connections also develop; The most important factors for their constant growth and qualitative improvement are:

1) the pace and volume of foreign economic activity;

2) scientific and technological progress, the use of achievements of which directly affects the quality of vehicles.

Transport services for international economic relations are carried out in two directions: transportation of goods and transportation of passengers. We will mainly consider the first direction, since it is directly related to foreign trade contracts. Over the past 20-25 years, there has been a tendency towards a reduction in the volume of transported cargo. In the early 70s, the total volume of international transport was estimated at 4.5-4.6 billion tons. In 1996, the tonnage of transport decreased to 3.8 billion tons. This fact does not indicate a drop in the pace of international trade, but the quality changes in the structure of commodity exchange, where the share of fuel and raw materials products as the most “transport-intensive” has decreased.

Transport is a set of communication routes and mobile vehicles, as well as various structures and devices that create optimal conditions for their interaction. Thanks to transport, the necessary conditions are created for the completion of production processes for the production of various products. Transport products should be considered the process of moving goods from manufacturer to consumer. An essential feature of transport is its special place in international trade. On the one hand, transport in the international division of labor is a necessary condition for its implementation, and on the other hand, the transport industry acts in international markets as an exporter of its products sold in the form of transport services.

A feature of transport in foreign economic activity is the exposure of its products - transport services - to the influence of all factors characterizing the development of a market economy. First of all, this relates to fluctuations in fuel prices, the relationship between supply and demand for the transportation of goods, the state of political and economic relations of various states and other factors.

The process of moving goods, raw materials, materials and people is a necessary condition for the functioning of all types of foreign economic activity. The use of transport is necessary in the international trade of goods, in production and marketing cooperation, the construction of facilities abroad and in Kazakhstan with the help of foreign partners, the activities of enterprises with foreign investments, the organization of tourism, and the organization of international exhibitions and fairs.

Transport and foreign economic activity are closely interconnected and have a great influence on each other.

When carrying out foreign economic activity, it is necessary to carry out a complex and specific set of transport operations that ensure the processing and movement of huge masses of various goods over long distances from manufacturers to consumers (Table 1).

It is necessary to distinguish three groups of transport operations, interconnected by the sequence of their implementation in time.

Table 1 - Classification of transport operations in foreign economic activity

	Classification sign	Types of operations
	On the subject of transport operations	Freight, passenger, luggage
	By type of transport	Water (sea, river), rail, air, road, pipeline, intermodal transport (two or more modes of transport are involved)
	Depending on the transport characteristics of the goods	With dry cargo; bulk, ore, coal, grain, cement, mineral fertilizers, general or piece. With liquid cargo: oil and petroleum products, vegetable oils, fats, wine, liquid chemical cargo and others.
	By frequency	Scheduled and non-scheduled transport: liner and tramp shipping, scheduled air services and charter flights.
	Depending on the order of crossing the border	Transshipment and non-transshipment transportation
	By type of transport and technological system	Container, ferry, lighter, ro-ro
	Subject to completion of transportation in neighboring country	Neighborhood, transit, ring
	By message type	Direct, indirect: broken lines with several carriers, with reshipment under one or more transportation contracts
	Depending on the composition of participants	Carried out by the manufacturer of the goods, the seller or buyer, the customer of the goods, the carrier, the intermediary
	Depending on the venue	Carried out within the country and on the territory of other countries

The first group of operations includes actions preceding the implementation of a foreign trade transaction. This group of transport operations includes the following actions: planning foreign trade transportation, analysis of transport market conditions, tariffs and conditions for transporting goods in the region, planning transport costs. The second group of transport operations arises in the process of implementing a foreign trade transaction and consists of the inclusion of transport conditions in the contract, preparation of goods for transportation, conclusion of transportation contracts and their execution, development of transport and shipping documentation, insurance, organization of control over the movement of cargo, settlements of the seller or buyer with carrier, clearance of customs, border, sanitary, veterinary operations.

After the completion of a foreign trade transaction, the third group of transport operations is carried out, including possible disputes between the consignee and the carrier, the exporter (seller) and the importer (buyer).

In the transport process, all its participants: product manufacturers, customers, buyers, carriers, intermediaries - enter into complex economic and commercial legal relations regulated by various regulations, national legislation and international legal norms, customs.

Therefore, transport support for foreign economic activity is a system consisting of a set of technical, technological elements, economic, commercial, legal, organizational influences, various methods of managing transport operations in the sphere of production, circulation and consumption of products and goods moved between parties.

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