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В. Торговые последствия

  1. Ниже рассматриваются некоторые из наиболее важных торговых последствий вступления в силу Гамбургских правил. Некоторые из них имеют также прямые экономические последствия, однако они по соображениям удобства рассматриваются ниже. Более углубленный анализ различных аспектов Гамбургских правил можно найти в главе III.

Ликвидация перечня возражений

  1. Помимо возражения ни основании навигационных ошибок и пожара (см. ниже), перечень других исключений Гаагских правил уже давно рассматривался как имеющий малую практическую пользу. Содержащиеся в пунктах

с) - р) правила 2 статьи IV исключения по несут никакой новой смысловой нагрузки. Тем не менее можно сказать, что эти исключения имплицитно

Their "elimination" is thus un­likely to have any commercial Consequences.

Arbitration

62. The provision on arbitration in the Hamburg Rules Han enlarged version of a provision already found in the Visby Protocol. It may assist those shippers or consignees that do not insure their goods with their underwriters and who con­sequently are forced to recover their losses directly from the ship owners. For those cargo owners who have taken out cargo 'Insurance, this provision may not be of great importance and might lint: materially alter existing practices, yet it may help reduce the costs of the disputes which will inevitably occur.

сохранены в пункте 1 статьи 5 Гамбургских правил. Таким образом, их "ликвидация" вряд ли будет иметь какие-либо торговые последствия.

Арбитражное разбирательство 62. Положение об арбитражном разбирательстве в Гамбургских пра­вилах является расширенным вариан­том соответствующего положения Висбийского протокола. Оно может оказаться полезным для тех грузо­отправителей или грузополучателей, которые не страхуют свои грузы и соответственно вынуждены требовать возмещения убытков непосредствен­но у судовладельцев. Для тех вла­дельцев грузов, которые их страхуют, это положение может не иметь большого значения и вряд ли сущест­венно изменит существующую практику, но в то же время может способствовать снижению расходов на ведение споров, которые не­избежно возникнут.

XIV. Speak on the lexical and stylistic peculiarities of documents relating to global economic cooperation.

2 Foreign trade

International trade is the system by which countries exchange goods and services. Human societies evolved from the Stone Age to She present by exchanging or trading ideas and technologies. Countries trade with each other to obtain things that are of better quality, less expensive or simply different from goods and services produced at home.Countries also trade with each other because

they benefit from it. The gain from international trade enables resources in each trading nation to be allocated to their most productive uses. Instead of trying to produce everything themselves, which would be inefficient, countries often concentrate on producing those things that they can produce best, and then trade for other goods and services. By doing so, both the country and the world become wealthier.

Most international trade consists of the purchase and sale of industrial equipment, consumer goods, oil and agricultural products In addition, services such as banking, insurance, transportation, telecommunications, engineering and tourism account for about one-fifth of all world exports in the 90s.

Trade has long been considered -a primary instrument for development. It also has a social impact by bringing isolated cultural into contact with new ideas, technologies and goods. In 1964, when the first United Nations Conference on Trade and Development (UNCTAD) met in Geneva, trade was still recognized as a primary vehicle for development. The conference concluded that the effective development assistance was extremely limited in its power to bring social change compared to trade which could generate employment and accelerate economic growing

In the course of historical development, one can observe recurrent swings in commercial policy of different countries: from protection toward free trade, and back toward protection. During the mercantilism the national policies were to export much, import little. Countries often pursued highly restrictive policies, imposing;; tariffs, quotas, embargoes, state monopolies, and a variety of other measures to regulate their foreign trade. The middle of the nineteenth century witnessed a definite shift in the direction of free trade. Great Britain was the leader in this movement. Some countries followed the British example. Many countries concluded commercial treaties stipulating tariff reductions and other measure to liberalize trade. Most of these treaties included a most-favoured-nation clause providing the lowest tariff rates.

One of the most significant trends in the world economy since the end of World War II has been a rapid increase in international bade. In 1950, total world merchandise exports amounted to $58 million. In 1990, exports were $3.5 trillion, oven 60 times as much, This rate of increase was roughly three times as fast as overall world economic growth. As its volume has increased, trade has become more important to the economic well-being of many countries.

All governments regulate foreign trade and practice protectionism to some extent. The debate is over how much or how little protectionism to use to reach a country's economic goals. Those who favour free trade think that an open trading system with few limiitations and little government involvement is best. Advocates of Protectionism believe that governments must take actions to regulate tirade and subsidize industries to protect the domestic economy.

In order to examine a country's position in international trade I It is useful to consult two of the most frequently used statistics, the balance of trade and the balance of payments. When you hear on the news about "trade balance", what you are usually hearing about Is the merchandise trade balance, which is the difference between a nation's exports and imports of merchandise. A "favourable" Merchandise balance of trade, or trade surplus, occurs when a country's exports exceed its imports. A 'negative' balance, or trade deficit, occurs when a country's imports exceed its exports. The Balance of trade, however, is not the whole picture; it includes only purchases and sales of merchandise.

The complete summary of all economic transactions between a country and the rest of the world - involving transfers of merchan­dise, services, financial assets and tourism - is called the balance of I payments. The balance of payments for the country is separated into two main accounts: the current account and the capital account. The current account records sales and purchases of goods, services I and interest payments. The entire merchandise trade balance is contained in the current account. The capital account deals with investment items, like whole companies, stocks, bonds, bank I accounts, real estate and factories.

Recent decades have seen important shifts in the composition and directions of world trade. The manufactured goods of the developed countries have accounted for the main growth of trade, surpassing the growth rates for trade in agricultural raw material*, ores and metals. In many countries one of the driving forces behind the increase in export was the success of companies in selling "knowledge-intensive" manufactured goods to other countries. The production of these goods relies more on a skilled, well educated workforce than on natural resources. These knowledge-intensive products are becoming a major force in international trade and a source of much wealth to countries whose economies are well-positioned to compete in those markets.

The diversification of the types of goods exported has been the hallmark of world trade in the past several decades. Companies operating in home markets encounter many common problems selling their products or services - minimizing costs, achieving the required quality, meeting delivery dates, collecting payment, and financing the whole operation.

When companies start to export they face similar problems, but with differences that are peculiar to the task of selling abroad. The laws, languages and customs of most overseas markets are likely to be unfamiliar, as are particular commercial and technical specifications required by overseas buyers. Payments have to be made in a currency foreign either to exporters or to their buyers or both. Fluctuations in the exchange rate are an added hazard, creating uncertainty about the value exporters finally receive. In addition, overseas governments may apply controls which restrict buyers' access to any foreign exchange needed to pay exporters.

Export documents are necessary for the movement of goods, for invoicing the customer, for receiving payment for the goods delivered, and to satisfy various governmental regulations. Additionally, the requirement on the part of the exporter to provide suitable bonds or guaranties has become an increasingly important factor in international trade. Every exporter should have knowledge of the principal documents used, the most important of which are dealt with in the following pages.

EXHIBIT 86

SALES CONTRACT

CONTRACT NO.___

(city) "... "______200_

(name of company), (city), hereinafter referred to as the Buyer, on the one hand and (name of company), (city), hereinafter referred to fix the Seller on the other hand, have concluded the Present Contract on the following:

  1. Subject of the Contract

The Seller has sold and the Buyer has bought on CPT (city) Airport the goods as per specification attached which is an integral art of the present Contract.

  1. Price and Total Value of the Contract

The total Value of the Contract is US Dollars__________________. .

Prices for the goods delivered under the present Contract are understood CPT (city) Airport and include packing for overseas shipment, delivery and marking.

Prices are firm and not subject to any alteration during the whole period of the Contract.

  1. Terms of Payment

Payment shall be effected in US Dollars within 90 days after the date of shipment. Payment shall be made by bank transfer on receipt of the following documents by the Buyer:

  1. Sellers' invoice - in triplicate;

  2. Airway Bill - original and 2 copies;

  3. Certificate of Origin;

  4. Certificate of Quality.

    1. Delivery Date

The goods specified in … to the present contract shall be delivered within 45 days after receipt of advance. The delivery before the appointment time is allowed.

    1. Marking

Marking shall be made in weatherproof paint both in English and Russian on 3 sides of the case: (on the cover, on the front side and the left side of each case). Each case must bear the following marking:

Made in (name of country)

Handle with care.

Contract No....

Gross Weight...

Net Weight ...

Case No ...

Dimensions of case... cm.

Port of destination

The case number must be marked in fraction as follows: the numerator refers to the consecutive number of the cases and denominator refers to the total quantity of the cases in the lot.

The Seller shall be responsible for all losses and/or damage proved to be due to inadequate or unsuitable packing and wrong marking.

    1. Packing

Every precaution shall be taken by the Seller to have the goods property packed to withstand storage, overseas and overland transport and transshipment by cranes and/or other means.

    1. Arbitration

All disputes and differences which may arise from the present Contract or in connection with the same are to be referred to the Foreign Trade Arbitration Commission at Russian Chamber of Commerce and Industry, Moscow in compliance with the rules

and procedure of the said Commission, the decisions of which are final and binding upon both parties. The applications to the State courts are excluded.

VIII. Other Terms and Conditions

All the amendments and addenda to the Contract shall be valid only when issued in writing and signed by both parties.

Neither party shall be entitled to transfer their rights and obligations under this Contract to a third party without written consent of the other contracting party. All taxes, dues and custom expenses on the territory of the Seller's country shall be borne by the Seller.

X. Legal Adresses of the Parties

The Seller:... The Buyer: ...

For and on behalf of the Seller For and on behalf of the Buyer

………………………………. …..………. ………………..

(signed) (signed)

EXHIBIT 87

INDEPENDENT

CONTRACTORIS

AGREEMENT