Preview

Lex Russica

Advanced search

Legal Regulation of Cross-Border Shipping of Dangerous Goods in the Conditions of Digitalization

https://doi.org/10.17803/1729-5920.2020.159.2.133-140

Abstract

The author explores the legal aspects of network space risks, when legal imperatives are laid for the transportation and stay of a consignment of dangerous goods on board a ship. It is concluded that it is difficult to choose the law to be applied. In this regard, the material norms that make up the operational risk space can serve as a guide. Their selection is often a precursor to earning assets net operating profit. At the same time, the variety of legal facts with which the acquirer on arrival of property associates his right to file an ownership claim is formulated either in the contract of connection or accession. Therefore, separate prerequisites for the emergence of business and legal risks at the stage of abandoning consumer insurance in favor of its property qualification are highlighted. The paper shows types of encumbrances that accompany the problems of optimizing the costs of insurance against cyber risks. Even if insurance companies find their offer profitable for customers, the basis of the risk of financial loss is still the recovery of lost data. The insurer is forced to dispose of advanced analytical developments, such as, for example, blockchain or smart contracts that are very common today. Policyholders, in turn, use digital distribution and other virtual service models to not only reduce costs to a minimum, but also gain competitive advantages. The author analyzes the norms of the Convention acts on the transboundary shipping of dangerous goods. The International standards of TV and radio communications ISO/IEC 11801 and ISO/IEC 27001 (ISMS — 2018) are studied, and the conclusion is made that the threat to technological resources is identified with a comprehensive legal strategy for owner protection.

About the Author

N. G. Skachkov
Kutafin Moscow State Law University (MSAL)
Russian Federation

Nikita G. Skachkov, Cand. Sci. (Law), Associate Professor of the Department of International Private Law



References

1. Bevzenko RS. Ocherk 14. Problema vladeniya i derzhaniya [Work 14. The problem of ownership and holding]. In: Grazhdanskoe pravo: aktualnye problemy teorii i praktiki [Civil law: Current problems of theory and practice]. Belov VA, editor. Moscow; 2007. (In Russ.).

2. Bazedov Yu. Pravo otkrytykh obshchestv — chastnoe i gosudarstvennoe regulirovanie mezhdunarodnykh otnosheniy: obshchiy kurs mezhdunarodnogo chastnogo prava [The right of open societies — private and public regulation of international relations: General course of private international law]. Transl. from Eng.: Yumashev YuM. Moscow: Norma; 2016. (In Russ.).

3. Patrushev MV. Pravovoy rezhim sooruzheniy svyazi [Legal regime of communication facilities]. In: Sovremennoe sostoyanie i perspektivy razvitiya rossiyskogo i mezhdunarodnogo zakonodatelstva: Sbornik statey mezhdunarodnoy nauchno-prakticheskoy konferentsii (13 yanvarya 2017 g., g. Kazan) [Current state and prospects of development of Russian and international legislation: Proceedings of the International scientific and practical conference (2017 January 13, Kazan)]. Ufa: Aeterna; 2017. (In Russ.).

4. Rybakov OYu, Tikhonova SV. Informatsionnye riski i effektivnost pravovoy politiki [Information risks and the efficiency of legal policy]. Zhurnal Rossiiskogo Prava [Journal of Russian law]. 2016;3:88-95. (In Russ.).

5. Ferentsc V. Vse sovershenno inache [Everything is completely different]. Bankovskoe obozrenie. 2018;1. (In Russ.).


Review

For citations:


Skachkov N.G. Legal Regulation of Cross-Border Shipping of Dangerous Goods in the Conditions of Digitalization. Lex Russica. 2020;73(2):133-140. (In Russ.) https://doi.org/10.17803/1729-5920.2020.159.2.133-140

Views: 701


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 1729-5920 (Print)
ISSN 2686-7869 (Online)