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Asia-Pacific Publications Catalogue 2011

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Towards a Harmonized Legal Regime on Transport Facilitation in the ESCAP Region - Guidelines

Author(s): Transport Division (TD)

Economic Sector(s): (1) Transport policies and planning

ESCAP Reference No.: ST/ESCAP/2489

Division/Office: Transport

Published Date: 2007

Country: {Non-country Specific Publication}

Hard Copy Price: Online Copy Only

Transport infrastructure in ESCAP region is steadily developing. The Intergovernmental Agreement on the Asian Highway Network (entered into force on 4 July 2005) and the Intergovernmental Agreement on the Trans-Asian Railway Network (expected to enter into force in the first half of 2008) are two essential pillars in strengthening economic links between countries.

Infrastructure alone however would not facilitate the movement of people and goods between countries if non-physical impediments are not removed. Efforts to facilitate transport are paramount to the smooth movement of goods and people especially in international traffic, as transport facilitation contributes to the diminishing of the economic distance to markets. Transport facilitation can only serve its purpose if based on harmonized legislation, institutions, and practices, at national, sub-regional, regional and international level.

Effective transport facilitation in the ESCAP region calls for the development of new legal frameworks taking account of regional peculiarities and providing opportunities for the adaptation of existing laws and regulations, through good relationships, mutual trust, confidence and mutual benefits for all the parties concerned.

The present study “Towards a Harmonized Legal Regime on Transport Facilitation in the ESCAP Region” is meant to provide guidelines to support the effort of ESCAP member countries in their endeavor towards harmonization, especially in facilitation of international land transport/transit. Chapter I of the study explains why a harmonized legal regime on transport facilitation is needed and the main ways to bring laws closer, chapter II introduces the most relevant international legal instruments, chapter III explains the importance of subregional transport facilitation agreements as stepping stones towards regional harmonization, chapter IV proposes a standard approach for bilateral agreements and chapter V contains concluding remarks and suggestions.

The document is based on valuable work done by other organizations, notably the United Nations Economic Commission for Europe, and on previous work done by the ESCAP secretariat.

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				Page
LIST OF ABBREVIATIONS				i

I.	INTRODUCTION			3
	A.	International law and harmonization		4
	B.	Need for harmonization		5
	C.	Methods to bring laws closer		8
	D.	Challenges to harmonization		10
	E.	Becoming party to international legal instruments		11
	F.	The United Nations as source of legal harmonization		19
	G.	Elements of transport facilitation		20

II.	TRANSPORT FACILITATION AND INTERNATIONAL LEGAL INSTRUMENTS			23
	A.	Introduction		23
	B.	ESCAP resolution 48/11 Road and rail transport modes in relation to facilitation measures		23
	C.	Facilitation of International Railway Transport		54

III.	TRANSPORT FACILITATION AND SUBREGIONAL LEGAL INSTRUMENTS			61
	A.	Typical Elements of Subregional Legal Instruments		62
	B.	Facilitation of International Railway Transport		82
	C.	Facilitation of Other Modes of Transport		83
	D.	Other Forms of Subregional Cooperation		87

IV.	TRANSPORT FACILITATION AND BILATERAL AGREEMENTS			89
	A.	General Provisions		89
	B.	Arrangements for Transport		90
	C.	Customs and Other Controls		96
	D.	Miscellaneous Provisions		97
	E.	Final Provisions		99

V.	CONCLUDING REMARKS			103
	A.	Harmonization through Accession to and Implementation of International Legal Instruments		103
	B.	Harmonization through Regional Legal Instruments		104
	C.	Harmonization through Conformity with International Legal Instruments		105
	D.	Harmonization through Subregional Legal Instruments		105

ANNEXES				107
	II – 1		Resolution 48/11	107
	II – 2		Table showing the status of UNESCAP member States’ accession to international conventions listed in Commission Resolution 48/11 of 1992	109
	II – 3		United Nations Treaty Collection – Treaty Reference Guide, 1999	111
	III – 1		International Vehicle Weight Certificate (IVWC)	125
	III – 2		International Technical Inspection Certificate	131
	III – 3		The Draft Memorandum of Understanding for the Pan-European Transport Corridor VII (river Danube)	135
	IV – 1		Recommended Model Bilateral Agreement on Road Transport between ECMT Member Countries	143

REFERENCES				159

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