Sanctions clauses in international maritime transport agreements of cargo
Автор: Slautin A.U.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Международное право
Статья в выпуске: 2 (45), 2025 года.
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Modern international maritime cargo transportation inevitably faces tough challenges of a sanctioned nature (often unilateral in relation to Russia). The relevance of the topic is due not only to increased foreign policy pressure and the constant change (updating) of sanctions and sanctions lists, but also to the need for legal protection of business in the context of global instability. The correct drafting and inclusion of a sanction clause in a contract of carriage by sea and the establishment of compliance procedures have become vital for all participants in this market. This article examines the practical aspects of the use of sanctions measures in international maritime transport and shows why this tool is becoming an indispensable advocate and defender of the parties to the maritime transportation contract. In this article, the author seeks to show that sanctions clauses have become an integral element of international treaties in the field of maritime transport, directly affecting Russia. The aim is also not only to look at the formal aspects of the issue, but also to share experiences in solving emerging legal and organizational problems so that readers can use the findings and recommendations to minimize their risks and effectively develop their business in the new “sanctioned” realities of international cargo transportation. As a result of the research, the author identifies the key requirements for the formulation of a sanctions clause, approaches to compliance and the specifics of the application of reservations. It is concluded that the effective use of the sanctions clause, along with well-thought-out compliance procedures, is a necessary tool for minimizing risks for Russian business in international transportation. Practical recommendations for optimizing work with sanctions restrictions are proposed.
Sanctions clause, maritime transportation, international agreement, compliance, sanctions, insurance, force majeure, risks, chartering, legal risks, international law, shipowner, foreign economic activity
Короткий адрес: https://sciup.org/14133298
IDR: 14133298 | DOI: 10.47475/2311-696X-2025-45-2-141-146