4597 research outputs found
Sort by
Evaluation of urban inland waterway traffic noise using a modified Nord 2000 prediction model
This study developed a prediction model for estimating urban inland waterway traffic noise emission level. The model based on the Scandinavian Nord 2000 method, which was modified by adding two categories of traffic flow, comprising light and heavy vessels, as well as vessel average speed to the calculating equations. Meanwhile, the influences of the water surface and embankment were also considered in the established model. Model verification was conducted using the data surveyed at the 30 sampling points of Danjinlicaohe Channel in Jiangsu Province of China. A high correlation was found between the predicted and measured noise values LAeq (Pearson correlation coefficient = 0.949, p \u3c 0.01). And the mean difference between the predicted and measured noise values was 0.16 ± 1.28 dBA. The results showed that the proposed model had higher accuracy than the unmodified Nord 2000 method and can be applied for predicting vessel noise exposure level on inland waterway of China
Revista de la Asociación Venezolana de Derecho Marítimo. Nr 15 – 4 De La Segunda Etapa
Edirors: Juan José Itriago; Gustavo Adolfo Omaña Parés; José Alfredo Sabatino Pizzolante; Iván Darío Sabatino Pizzolante; Ricardo Maldonado Pinto; Alicia Gonzáles Quintero; Ana Mary Ramírez; Juan Carlos Querales
La segunda etapa de la revista de la Asociación Marítima Venezolana busca, a través de la participación de articulistas venezolanos y extranjeros, examinar los problemas marítimos tanto de una perspectiva local como universal, a través de ensayos, que se ubican en la sección d
The Legal Recognition of Electronic Bills of Lading
The increasing use of electronic devices, new means of communication and Internet affects many areas of life, including trade and transportation. One effect is the dematerialization of bills of lading. Paper bills of lading have traditionally performed three main functions in maritime transportation: (1) as a receipt for the goods, (2) as containing or evidencing the contract of carriage of goods and (3) as a document of title. This legal research examines whether electronic bills of lading can legally perform these three functions as functional equivalents to paper bills of lading. It studies the recognition of electronic bills of lading under the current law. The research combines two approaches: the international approach and the English law approach. The international approach deals first with paper bills of lading, as a foundation for the research, since electronic bills of lading are intended to be functional equivalents to paper bills. It studies the origin, definition, types and, most importantly, functions of paper bills to be dematerialized by electronic bills, as well as the current international framework that governs paper bills of lading. This approach studies the electronic bills of lading and traces their path of evolution from first attempts until their use in the market nowadays. The international approach examines the recognition of electronic bills of lading under key instruments of relevant international convention, model laws and contract forms. The relevant international convention is the Convention on Contracts for Carriage of Goods Wholly or Partly by Sea (Rotterdam Rules). The model laws involve the study of CMI Uniform Rules for Electronic Bills of Lading 1990 and UNCITRAL Model Law on Electronic Transferable Records, 2017 (MLETR). The contract forms deal with the Bills of Lading Electronic Registry Organization (Bolero) Rulebook and Electronic Shipping Solutions (essDOCS) Databridge Services and Users Agreement (DSUA). The English law approach studies if and how the current case law and statutes recognize electronic bills of lading. It examines whether electronic bills of lading can function as legal equivalents to paper bills of lading under current English law. Some other national laws of the
3
common law system are generally addressed in relation to the recognition of electronic bills of lading, such as the laws of the United States, Australia, India and Singapore. The thesis finds that electronic bills of lading may perform the three functions under the key instruments of the international approach. However, the Rotterdam Rules are still not in force yet and MLETR provides for the third function only. The contract forms provide a provisional solution based on agreement of parties to the contract of carriage to bridge the legal gap under international law. As far as the English law approach is concerned, the thesis finds that the case law may admit the electronic bill of lading as a receipt for the goods and evidencing or containing the contract of carriage. There are cases that already recognized the evidence in electronic forms, electronic signatures, electronic messages and electronically stored information. Some statutory provisions also may apply to the electronic bill of lading as a receipt for the goods and evidencing or containing the contract of carriage. However, some other statutory provisions may not apply in this regard since the intended regulations under subsection 1(5) of Carriage of Goods by Sea Act (COGSA 1992) have not been issued yet. Moreover, there is no case law nor statutory provision to recognize the third function of electronic bill of lading as a document of title. Since electronic bills of lading should duplicate the three functions of paper bills, the present English law does not recognize the electronic bills of lading. However, as under the present international law, the electronic bills of lading are used under the contract forms