Page 49 - Ekonomija i Biznis_septemvri 2016.indd

In the focus РУБРИКА

(photo: http://pigeonlog.vn/)

regardless of whether he used one or several undertake specific measures in regard to
means of transport. Such an agreement the regulation of combined transport. The
by default would entail the application of recent amendments of the Macedonian
the general rules on obligations instead legislation contributed for a different legal
of the regulations which are specialized regime of the transportation. With the
for specific types of transport. In the past adoption of the Law on Railway Transport
there were many attempts for a regulation Agreements, the Law on Road Transport
at an international level. Unfortunately, Agreements and the Law on Obligations
these attempts have not been successfully and Property Relations in Air Traffic, a legal
completed, so the final result are different framework was established, most of which
general conditions for combined transport is similar to the one of the conventions
which are prescribed by associations of for international transport. The issue of
carriers and international organizations responsibility of the carrier in combined
which are not of compulsory nature. In transport has been initiated with these
the lack of compulsory international laws, however it is superficially displayed.
regulations, the focus of regulation of the Namely, these laws stipulate that the
combined transport has been redirected responsibility of the carrier in combined
from international to national level. Such transport should be determined according
regulation is intended to serve mostly as to the rules on responsibility which are
a guide of the courts in order to gradually applicable for the type of transport when
develop and unify the court practice. This the damage occurred. This approach is
approach has encountered a lot of criticism, known as network approach and it is
and the main argument against this is that represented in most of the European
in this manner, the legal insecurity at an countries. However, its weaknesses are
international level shall be increased, easily observable. It is almost impossible
because every country has different to locate the damage if one considers the
approach to the regulation of transport. fact that the containers do not open at
This is a result of the century-long all during the reload from one to another
“transport traditions” of the countries. The mode of transport. This means that there
best example for this purpose has always is no possibility to determine where the
included Germany and the Netherlands damage occurred. Of course, there are
where the approach differs on whether the rare exceptions, however in cases when it
focus is towards the protection of carriers comes to specific damages (for example,
or users of the transport. from sea water). Maybe this legislative
feat comes late because there are
EXISTING LEGAL FRAMEWORK already considerations of a separate Sui
IN THE REPUBLIC OF MACEDONIA Generis regulation, which would imply a
completely new legal framework. Another
Macedonia, although it does not have a direction of consideration comes from the
“century-long transport tradition”, should

September 2016 49