Nexhat Jashari - Academia.edu (original) (raw)
Papers by Nexhat Jashari
SSRN Electronic Journal, 2016
This paper will address the general issues concerning the contract of multimodal transport, such ... more This paper will address the general issues concerning the contract of multimodal transport, such as the notion, meaning, terminology, presentation and development, then the elements of the contract, contract forms, and the manner of concluding the contract. The legal defi nition of multimodal transport contract is given in the United Nations Convention for International Multimodal Transport of Goods, Article 1, and paragraph 3. This convention defi nes the contract for multimodal transport as follows: "The contract for multimodal transport is a contract whereby the multimodal transport operator undertakes, against payment of freight, to perform or to procure the performance of international multimodal transport. For the realization of multimodal transport activity, the participating parties will clearly defi ne their rights and obligations with the contract that they will conclude, for the multimodal transport of goods. The contract for multimodal transport of goods is a special category regulated by the provisions of the above-mentioned Convention, but in certain cases the provisions of national laws, which regulate legal relations between the operator of multimodal transport (MTO) and third parties that he has engaged in the transport process, are applied. Law on Obligational Relationships as lex generalis does not contain special provisions that regulate the multimodal transport contract, but the provisions of this law, regulating the contracts in general and the freight contracts in particular, apply to this contract.
This paper gives a particular attention to the handling of the multimodal transport operator's li... more This paper gives a particular attention to the handling of the multimodal transport operator's liability in view of the new legislation in Kosovo, in terms of comparison with international legislation. From the research carried out in this area of transport, it has been found that, over the last decades, the international transport of goods has become more sophisticated and effective, and has increased rapidly because of the increased use of containers. Containers have advanced the flexibility to focus more on an integrated movement of goods instead of the movement specifically associated with a certain mode of transport. Unfortunately, this technical flexibility has been accompanied by a severe rigidity in the legal field in Kosovo as well. Although the transfer of goods from one type of transport to another type of transport has been greatly facilitated as a result of the container revolution, developments in the area of international and Kosovo legislation in the field of transport have not followed this pace. The recommendations on the necessity of a better regulation of the liability of the multimodal transport operator in the new legislation in Kosovo have been given at the end of this paper.
The great importance of the legal regulation of the transport of dangerous goods pushed me to ana... more The great importance of the legal regulation of the transport of dangerous goods pushed me to analyse issues in this paper related to the new legislation in the field of transportation of dangerous goods in Kosovo adopted after 1999.Given the fact that in Kosovo we do not have any other scientific paper which addresses legislation in the field of transport of dangerous goods, this paper presents a special contribution in addressing theoretical and scientific analysis on this issue. In this paper, a special emphasize has been given to harmonization, respectively, to the approximation of the new legislation in Kosovo with the acquis, in the field of transport of dangerous goods, as well as the aspects of direct implementation in Kosovo of EU Legislation and other international acts in this area. In the final part of this paper, as a result of scientific research, important recommendations were provided for the future inter alia present an immediate request to amend and supplement the ...
New transport technologies of the integrated transport system in the general chain of transport, ... more New transport technologies of the integrated transport system in the general chain of transport, related to the transportation of goods from the manufacturer to the customers are becoming a necessity to rationalize the overall economy and are directly affecting the competitive abilities, the access in the national economy and the international division of labor. The International multimodal transport of goods, due to the importance and complexity of its national and international economic systems, is known as a composite system, which provides a range of transport activities of direct or indirect participants, who make it possible the quick transportation of goods from the country of departure, which is located in a certain state, to the destination place, which is in another country, and all this activity is organized by one multimodal transport operator.In this paper I have emphasized that the national policies of the traffic and transport, which in the future will be part of the ...
SSRN Electronic Journal
This paper gives a particular attention to the handling of the multimodal transport operator's li... more This paper gives a particular attention to the handling of the multimodal transport operator's liability in view of the new legislation in Kosovo, in terms of comparison with international legislation. From the research carried out in this area of transport, it has been found that, over the last decades, the international transport of goods has become more sophisticated and effective, and has increased rapidly because of the increased use of containers. Containers have advanced the flexibility to focus more on an integrated movement of goods instead of the movement specifically associated with a certain mode of transport. Unfortunately, this technical flexibility has been accompanied by a severe rigidity in the legal field in Kosovo as well. Although the transfer of goods from one type of transport to another type of transport has been greatly facilitated as a result of the container revolution, developments in the area of international and Kosovo legislation in the field of transport have not followed this pace. The recommendations on the necessity of a better regulation of the liability of the multimodal transport operator in the new legislation in Kosovo have been given at the end of this paper.
Zbornik radova Pravnog fakulteta u Splitu
Development of the classic branches of transport until after the year 1999 was a characteristic o... more Development of the classic branches of transport until after the year 1999 was a characteristic of economic policies in Kosovo, which came as a result of improper functioning of the market economy and non-application of modern technologies. Despite the great importance that the multimodal transport has for Kosovo, till today initial steps have been taken with the approval of the sector strategy for the multimodal transport 2015-2025 by the Kosovo Government, respectively by the Ministry of Infrastructure. The aim of this strategy is to set priorities in terms of infrastructure, as well as in terms of legal regulation. This paper addresses this topic in Kosovo for the first time, among other things notes the newly established circumstances in Kosovo after the war in 1999, which led to the change of policy development in the field of transport in order to adapt to the newly created circumstances and approximate with EU integration processes.
SSRN Electronic Journal
Development of the classic branches of transport until after the year 1999 was a characteristic o... more Development of the classic branches of transport until after the year 1999 was a characteristic of economic policies in Kosovo, which came as a result of improper functioning of the market economy and non-application of modern technologies. Despite the great importance that the multimodal transport has for Kosovo, till today initial steps have been taken with the approval of the sector strategy for the multimodal transport 2015-2025 by the Kosovo Government, respectively by the Ministry of Infrastructure. The aim of this strategy is to set priorities in terms of infrastructure, as well as in terms of legal regulation. This paper addresses this topic in Kosovo for the first time, among other things notes the newly established circumstances in Kosovo after the war in 1999, which led to the change of policy development in the field of transport in order to adapt to the newly created circumstances and approximate with EU integration processes.
SSRN Electronic Journal, 2000
SSRN Electronic Journal, 2000
ILIRIA International Review, 2012
In this output are treated issues related to the new legislation in Kosovo in the field of transp... more In this output are treated issues related to the new legislation in Kosovo in the field of transport. in particular, there is elaborated the law in force, regulations, administrative directions and other sub-legal acts issued by the Ministry of Transport Post and Telecommunication.Special importance was paid on the harmonization respectively on the approximation of the new legislation in Kosovo in the field of transport with acquis communitaire, as well as other aspects of direct implementation of the EU legislation from this field in Kosovo. It also reviewed the application of Law on Obligations provisions as lex generalis in the field of transport and recommendations are given for better and overall regulation of the field of transport, by supplementing and amending laws and by proposing the issuance of other special laws from this field.in the field of transport with international report, such as: European Agreement Concerning the International Carriage of Dangerous Goods by Road...
This paper will address the general issues concerning the contract of multimodal transport , such... more This paper will address the general issues concerning the contract of multimodal transport , such as the notion, meaning, terminology, presentation and development, then the elements of the contract, contract forms, and the manner of concluding the contract. The legal defi nition of multimodal transport contract is given in the United Nations Convention for International Multimodal Transport of Goods, Article 1, and paragraph 3. This convention defi nes the contract for multimodal transport as follows: " The contract for multimodal transport is a contract whereby the multimodal transport operator undertakes , against payment of freight, to perform or to procure the performance of international multimodal transport. For the realization of multimodal transport activity, the participating parties will clearly defi ne their rights and obligations with the contract that they will conclude, for the multimodal transport of goods. The contract for multimodal transport of goods is a special category regulated by the provisions of the above-mentioned Convention , but in certain cases the provisions of national laws, which regulate legal relations between the operator of multimodal transport (MTO) and third parties that he has engaged in the transport process, are applied. Law on Obligational Relationships as lex gene-ralis does not contain special provisions that regulate the multimodal transport contract, but the provisions of this law, regulating the contracts in general and the freight contracts in particular, apply to this contract.
The great importance of the legal regulation of the transport of dangerous goods pushed me to ana... more The great importance of the legal regulation of the transport of dangerous goods pushed me to analyse issues in this paper related to the new legislation in the field of transportation of dangerous goods in Kosovo adopted after 1999.Given the fact that in Kosovo we do not have any other scientific paper which addresses legislation in the field of transport of dangerous goods, this paper presents a special contribution in addressing theoretical and scientific analysis on this issue. In this paper, a special emphasize has been given to harmonization, respectively, to the approximation of the new legislation in Kosovo with the acquis, in the field of transport of dangerous goods, as well as the aspects of direct implementation in Kosovo of EU Legislation and other international acts in this area. In the final part of this paper, as a result of scientific research, important recommendations were provided for the future inter alia present an immediate request to amend and supplement the legal framework for transportation of dangerous goods in Kosovo.
A B S T R A C T This paper gives a particular attention to the handling of the multimodal transpo... more A B S T R A C T This paper gives a particular attention to the handling of the multimodal transport operator's liability in view of the new legislation in Kosovo, in terms of comparison with international legislation. From the research carried out in this area of transport, it has been found that, over the last decades, the international transport of goods has become more sophisticated and effective, and has increased rapidly because of the increased use of containers. Containers have advanced the flexibility to focus more on an integrated movement of goods instead of the movement specifically associated with a certain mode of transport. Unfortunately, this technical flexibility has been accompanied by a severe rigidity in the legal field in Kosovo as well. Although the transfer of goods from one type of transport to another type of transport has been greatly facilitated as a result of the container revolution, developments in the area of international and Kosovo legislation in the field of transport have not followed this pace. The recommendations on the necessity of a better regulation of the liability of the multimodal transport operator in the new legislation in Kosovo have been given at the end of this paper.
SSRN Electronic Journal, 2016
This paper will address the general issues concerning the contract of multimodal transport, such ... more This paper will address the general issues concerning the contract of multimodal transport, such as the notion, meaning, terminology, presentation and development, then the elements of the contract, contract forms, and the manner of concluding the contract. The legal defi nition of multimodal transport contract is given in the United Nations Convention for International Multimodal Transport of Goods, Article 1, and paragraph 3. This convention defi nes the contract for multimodal transport as follows: "The contract for multimodal transport is a contract whereby the multimodal transport operator undertakes, against payment of freight, to perform or to procure the performance of international multimodal transport. For the realization of multimodal transport activity, the participating parties will clearly defi ne their rights and obligations with the contract that they will conclude, for the multimodal transport of goods. The contract for multimodal transport of goods is a special category regulated by the provisions of the above-mentioned Convention, but in certain cases the provisions of national laws, which regulate legal relations between the operator of multimodal transport (MTO) and third parties that he has engaged in the transport process, are applied. Law on Obligational Relationships as lex generalis does not contain special provisions that regulate the multimodal transport contract, but the provisions of this law, regulating the contracts in general and the freight contracts in particular, apply to this contract.
This paper gives a particular attention to the handling of the multimodal transport operator's li... more This paper gives a particular attention to the handling of the multimodal transport operator's liability in view of the new legislation in Kosovo, in terms of comparison with international legislation. From the research carried out in this area of transport, it has been found that, over the last decades, the international transport of goods has become more sophisticated and effective, and has increased rapidly because of the increased use of containers. Containers have advanced the flexibility to focus more on an integrated movement of goods instead of the movement specifically associated with a certain mode of transport. Unfortunately, this technical flexibility has been accompanied by a severe rigidity in the legal field in Kosovo as well. Although the transfer of goods from one type of transport to another type of transport has been greatly facilitated as a result of the container revolution, developments in the area of international and Kosovo legislation in the field of transport have not followed this pace. The recommendations on the necessity of a better regulation of the liability of the multimodal transport operator in the new legislation in Kosovo have been given at the end of this paper.
The great importance of the legal regulation of the transport of dangerous goods pushed me to ana... more The great importance of the legal regulation of the transport of dangerous goods pushed me to analyse issues in this paper related to the new legislation in the field of transportation of dangerous goods in Kosovo adopted after 1999.Given the fact that in Kosovo we do not have any other scientific paper which addresses legislation in the field of transport of dangerous goods, this paper presents a special contribution in addressing theoretical and scientific analysis on this issue. In this paper, a special emphasize has been given to harmonization, respectively, to the approximation of the new legislation in Kosovo with the acquis, in the field of transport of dangerous goods, as well as the aspects of direct implementation in Kosovo of EU Legislation and other international acts in this area. In the final part of this paper, as a result of scientific research, important recommendations were provided for the future inter alia present an immediate request to amend and supplement the ...
New transport technologies of the integrated transport system in the general chain of transport, ... more New transport technologies of the integrated transport system in the general chain of transport, related to the transportation of goods from the manufacturer to the customers are becoming a necessity to rationalize the overall economy and are directly affecting the competitive abilities, the access in the national economy and the international division of labor. The International multimodal transport of goods, due to the importance and complexity of its national and international economic systems, is known as a composite system, which provides a range of transport activities of direct or indirect participants, who make it possible the quick transportation of goods from the country of departure, which is located in a certain state, to the destination place, which is in another country, and all this activity is organized by one multimodal transport operator.In this paper I have emphasized that the national policies of the traffic and transport, which in the future will be part of the ...
SSRN Electronic Journal
This paper gives a particular attention to the handling of the multimodal transport operator's li... more This paper gives a particular attention to the handling of the multimodal transport operator's liability in view of the new legislation in Kosovo, in terms of comparison with international legislation. From the research carried out in this area of transport, it has been found that, over the last decades, the international transport of goods has become more sophisticated and effective, and has increased rapidly because of the increased use of containers. Containers have advanced the flexibility to focus more on an integrated movement of goods instead of the movement specifically associated with a certain mode of transport. Unfortunately, this technical flexibility has been accompanied by a severe rigidity in the legal field in Kosovo as well. Although the transfer of goods from one type of transport to another type of transport has been greatly facilitated as a result of the container revolution, developments in the area of international and Kosovo legislation in the field of transport have not followed this pace. The recommendations on the necessity of a better regulation of the liability of the multimodal transport operator in the new legislation in Kosovo have been given at the end of this paper.
Zbornik radova Pravnog fakulteta u Splitu
Development of the classic branches of transport until after the year 1999 was a characteristic o... more Development of the classic branches of transport until after the year 1999 was a characteristic of economic policies in Kosovo, which came as a result of improper functioning of the market economy and non-application of modern technologies. Despite the great importance that the multimodal transport has for Kosovo, till today initial steps have been taken with the approval of the sector strategy for the multimodal transport 2015-2025 by the Kosovo Government, respectively by the Ministry of Infrastructure. The aim of this strategy is to set priorities in terms of infrastructure, as well as in terms of legal regulation. This paper addresses this topic in Kosovo for the first time, among other things notes the newly established circumstances in Kosovo after the war in 1999, which led to the change of policy development in the field of transport in order to adapt to the newly created circumstances and approximate with EU integration processes.
SSRN Electronic Journal
Development of the classic branches of transport until after the year 1999 was a characteristic o... more Development of the classic branches of transport until after the year 1999 was a characteristic of economic policies in Kosovo, which came as a result of improper functioning of the market economy and non-application of modern technologies. Despite the great importance that the multimodal transport has for Kosovo, till today initial steps have been taken with the approval of the sector strategy for the multimodal transport 2015-2025 by the Kosovo Government, respectively by the Ministry of Infrastructure. The aim of this strategy is to set priorities in terms of infrastructure, as well as in terms of legal regulation. This paper addresses this topic in Kosovo for the first time, among other things notes the newly established circumstances in Kosovo after the war in 1999, which led to the change of policy development in the field of transport in order to adapt to the newly created circumstances and approximate with EU integration processes.
SSRN Electronic Journal, 2000
SSRN Electronic Journal, 2000
ILIRIA International Review, 2012
In this output are treated issues related to the new legislation in Kosovo in the field of transp... more In this output are treated issues related to the new legislation in Kosovo in the field of transport. in particular, there is elaborated the law in force, regulations, administrative directions and other sub-legal acts issued by the Ministry of Transport Post and Telecommunication.Special importance was paid on the harmonization respectively on the approximation of the new legislation in Kosovo in the field of transport with acquis communitaire, as well as other aspects of direct implementation of the EU legislation from this field in Kosovo. It also reviewed the application of Law on Obligations provisions as lex generalis in the field of transport and recommendations are given for better and overall regulation of the field of transport, by supplementing and amending laws and by proposing the issuance of other special laws from this field.in the field of transport with international report, such as: European Agreement Concerning the International Carriage of Dangerous Goods by Road...
This paper will address the general issues concerning the contract of multimodal transport , such... more This paper will address the general issues concerning the contract of multimodal transport , such as the notion, meaning, terminology, presentation and development, then the elements of the contract, contract forms, and the manner of concluding the contract. The legal defi nition of multimodal transport contract is given in the United Nations Convention for International Multimodal Transport of Goods, Article 1, and paragraph 3. This convention defi nes the contract for multimodal transport as follows: " The contract for multimodal transport is a contract whereby the multimodal transport operator undertakes , against payment of freight, to perform or to procure the performance of international multimodal transport. For the realization of multimodal transport activity, the participating parties will clearly defi ne their rights and obligations with the contract that they will conclude, for the multimodal transport of goods. The contract for multimodal transport of goods is a special category regulated by the provisions of the above-mentioned Convention , but in certain cases the provisions of national laws, which regulate legal relations between the operator of multimodal transport (MTO) and third parties that he has engaged in the transport process, are applied. Law on Obligational Relationships as lex gene-ralis does not contain special provisions that regulate the multimodal transport contract, but the provisions of this law, regulating the contracts in general and the freight contracts in particular, apply to this contract.
The great importance of the legal regulation of the transport of dangerous goods pushed me to ana... more The great importance of the legal regulation of the transport of dangerous goods pushed me to analyse issues in this paper related to the new legislation in the field of transportation of dangerous goods in Kosovo adopted after 1999.Given the fact that in Kosovo we do not have any other scientific paper which addresses legislation in the field of transport of dangerous goods, this paper presents a special contribution in addressing theoretical and scientific analysis on this issue. In this paper, a special emphasize has been given to harmonization, respectively, to the approximation of the new legislation in Kosovo with the acquis, in the field of transport of dangerous goods, as well as the aspects of direct implementation in Kosovo of EU Legislation and other international acts in this area. In the final part of this paper, as a result of scientific research, important recommendations were provided for the future inter alia present an immediate request to amend and supplement the legal framework for transportation of dangerous goods in Kosovo.
A B S T R A C T This paper gives a particular attention to the handling of the multimodal transpo... more A B S T R A C T This paper gives a particular attention to the handling of the multimodal transport operator's liability in view of the new legislation in Kosovo, in terms of comparison with international legislation. From the research carried out in this area of transport, it has been found that, over the last decades, the international transport of goods has become more sophisticated and effective, and has increased rapidly because of the increased use of containers. Containers have advanced the flexibility to focus more on an integrated movement of goods instead of the movement specifically associated with a certain mode of transport. Unfortunately, this technical flexibility has been accompanied by a severe rigidity in the legal field in Kosovo as well. Although the transfer of goods from one type of transport to another type of transport has been greatly facilitated as a result of the container revolution, developments in the area of international and Kosovo legislation in the field of transport have not followed this pace. The recommendations on the necessity of a better regulation of the liability of the multimodal transport operator in the new legislation in Kosovo have been given at the end of this paper.