International Trade Law and Transport Law
This field, which we can define as maritime law, is one of our areas of expertise. As Serka Law Firm, we have won many maritime trade cases; We were successful not only in litigation, but also in the preparation of relevant contracts. Maritime law is a very broad subject as you can imagine.
Serka Law Firm provides services to port operators with its experienced team in the field of maritime law.
Maritime law is a very technical and broad field. This branch of law, which is one of the most complex areas of law, can enter private law and criminal law according to its subjects.
Since the issues of disputes are related to large payments, it is one of the areas that can cause you the most damage. For this reason, working with a lawyer who has dealt with Maritime Law cases before and has a good knowledge of the subject will be our first step in preventing big losses.
When choosing a Maritime Lawyer, you should pay attention to your lawyer’s command of a foreign language, to be experienced in contract law, and to have people who are competent to read and execute contracts.
Maritime Trade Law
In today’s world, maritime transport is used in the vast majority of inter-country trade since it has a much larger area than land transport. For various reasons, maritime trade became widespread and international conditions had to be introduced.
Maritime Trade Law was the field of law dealing with disputes arising from the use of the seas and oceans in the world. The sharing of seas and oceans by states and crimes committed in these regions constitute the subject of maritime law.
Maritime Tradel Law; It is the regulation of the disputes that arise about the safety of the ship, seafarers and the cargoes or the people transported. The first regulation regarding maritime trade in Turkish law has been made with the Turkish Commercial Code.
The laws explaining the resulting conflicts and risks have been the subject of international agreements as well as the laws of the countries. That is why Maritime Law is considered a technical and difficult field. Because in these disputes, we expect your lawyer to have full knowledge of all these contracts and the laws of his own country.
Examples of International Maritime Trade Agreements are the 1924 Brussels Convention, 1968 Visby Protocol, 1978 Hamburg Convention, 2009 Rotterdam Agreement.
Serkalaw specializes in business follow-up, giving guarantees, force majeure and risks, freight contracts and dead freight in each port and unit. It provides consultancy on transportation agreements and compliance of our clients with national and international laws.
In particular, by working with the Ministry, legal consultancy and advocacy in the follow-up of documents and documents related to all these steps such as license for your structures, temporary operation permits, temporary operation permits for coastal facilities, compliance certificate for port facilities, preparation for EIA report, operation certificate. We offer the service.
Insurances in the Field of Maritime Law
There are some insurances that companies dealing with Maritime Trade have to have. These insurances can be measured by the size of your risk.
- Cargo Insurance: If your goods are damaged during loading, transportation and unloading during your maritime trade, this is done for the compensation of the damage.
- Boat insurances: Boat insurances are made to indemnify the damages that may occur on the ships sailed during your maritime trade. These damages include minor as well as sinking of your ship.
- Liability insurances: P&I covers club insurance, shipyard liability insurance, port liability insurance, marina and boatyard liability insurance.
- Property insurances: These are the insurances made for valuable documents (such as cheques, bonds) carried on your ship, precious metals such as gold and money.
- Freight insurance: It is made in case your customers’ goods are damaged or lost during transportation.
- Boat building insurances: These are the insurances for the damages that may occur during the construction of your boat by putting it on the slipway.
Serka Law Firm also provides services to port operators with its experienced team in maritime trade law. In case of damage to vehicles and equipment in accidents that may occur in connection with the port, it may initiate legal action, and Serka Law Firm may personally revise the current contracts.
Land transport law, like maritime law, is a very complex and technical field of law. The biggest reason for this is that the laws are scattered and it is necessary to have a good command of international conventions. At the same time, lawyers working in the field of Transport Law must be quite good at foreign languages.
The subject of International Transport Law is the norms of direct or transit transport between countries. Disputes arising during transportation are examined in the field of “transport law”.
Since trade is at the international level today, there are differences between the laws of each country. International agreements come to the fore in disputes arising in the transportation of goods and passengers.
International Transport Law emerges in the forms of road, rail, air and maritime transport, and transport law covers all these modes of transport.
CMR contract when it comes to road transport,
COTIF contract when it comes to rail transport,
Montreal convention on air transport,
In maritime transport, the legal regulations of the United Nations League of international transport law are applied.
In order to resolve the disputes that arise, the place where the goods are loaded and the place to be delivered must be two different, and at least one of these two countries must be a party to the CMR contract.
Transports outside the scope of CMR are funeral, mail and household goods.
Insurances in the Field of Transport Law
Concerning disputes envisaged in International Transport Law
- – Tolls,
- – Procedures for permits
- – Return freight and third country shipments
- – Conditions for exemption from the permit,
- – Rules to be followed by vehicle personnel and transporters,
- – Procedure and how to make payments arising from transportation activities
- – Accelerating and facilitating customs and other procedures related to passenger and goods transportation,
- – Articles about insurance and guarantee are included.
When you choose land transportation from the international transportation law with Turkey, you must obtain permission from the Ministry for the vehicles of countries that are not party to the agreement, for every transaction you make through Turkey and for the vehicles you use when you bring goods to Turkey.
Our Services in the Field of International Transport Law:
- Preparation of contracts used in the field of transportation
- Resolving conflicts originating from CMR
- In resolving disputes originating from FCR
- If you have a dispute regarding the Transport Bills
- During transportation, in the resolution of disputes that arise during the transportation of goods
In the resolution of disputes and consultancy on the scope of international transports (Forbidden situations in border crossings and buffer zones),
Solutions for Disputes, Delays and Losses arising from Contracts of Carriage