1. living organisms, property, or the environment.1. living organisms, property, or the environment.

1.  
Introduction

For the module International Law 4 (iIL4) we had to choose a field,
where certain compliance is involved. We decided to take the transportation industry,
as there is some sort of compliance regarding to transportation of dangerous
goods. Different countries and areas have different laws and regulations about
transporting dangerous goods. So we narrowed down the areas to Europe and we
focused on transportation of dangerous goods by air and on land. We try to
provide an insight into how these regulations look like, and what steps should
be taken to comply.

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2.   Dangerous goods

Dangerous goods are solids, liquids, or gases
that can harm people, other living organisms, property, or the environment.

They are often subject to chemical regulations.  (Prensa, 2010)

2.1.         
Classification
of dangerous goods

There are nine classes
of dangerous goods according to the type of danger materials: Explosives, Gases,
Flammable Liquids, Flammable Solids, Oxidizing Substances, Toxic and Infectious
Substances, Radioactive Material, Corrosives and Miscellaneous Dangerous Goods (U.S. Department Of Transportation, n.d.).

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2.2.         
UN system

Dangerous
goods must be regulated during transporting in order to prevent accidents to people,
property and the environment. However, variety of regulations in different
countries and areas bring a lot of barriers to international trade of chemicals and
dangerous goods. Under this circumstance, the United Nations have established a
universal system for the classification, packaging, marking and labelling of
dangerous goods to facilitate their safe transport. National and international
regulations governing road, rail, sea and air transport are all based on the UN
system (VCA Offices,
2015).

Moreover, dangerous goods are also subject
to other kinds of regulations, e.g. work safety regulations, consumer
protection regulations, storage regulations, environment protection
regulations.

UN System -> Under the regulations,
packaging must meet or exceed minimum standards of performance before it can be
authorised for the carriage of dangerous goods. Package performance is
established by subjecting specimens of the packaging to the tests described in
Chapter 6.1 of the UN Model Regulations. If they pass the tests, packagings
subsequently manufactured to the same specification, (known as a design-type)
may be regarded as meeting the requirements and marked accordingly.

Fibre board boxes specifically designed for
shipping hazardous materials by air, sea and road freight

The industry standard is the 4G UN fibre
board box. This box is designed to ship Packing Groups I, II, III Solids or
Liquids, with approved inners, depending on the weight and regulation
requirements of each material being contained.

The 4GV carton or “Superpack” is
more rigorously tested to enable maximum safety and containment. Fully tested
to UN specifications for a wide range of possible inner containers, and great
for shipping samples. By using a “V” package, you are given the
flexibility of shipping Packing Group I, II, or III materials using any type of
inner container.

 

Using UN packaging To avoid invalidating the
UN approval, certified packaging should be used strictly in accordance with the
relevant approval documents (the test report and certificate). The regulations
require the packaging supplier to provide the user with all the information
necessary to enable them to prepare the package for transport in accordance
with the approved specification. This is usually done by providing the user
with a copy of the test report accompanied by clear instructions, description
of the method of assembly and closing, e.g. the type of adhesive tape that
should be used to close a box and where it should be applied, or how tight to
close a screw cap on a bottle or drum.

Broadly the UN addresses two types of
packaging; the single and the combination.

 

3.   Transportation by Air and on Land

As there
are different kinds of transport ways, we choose two specific ways of air
transportation and land transportation. In this chapter, we will go into deep
about transportation of dangerous goods by air and on land respectively.

3.1.         
Transportation by Air

 

3.2.         
Transportation on Land

The international transportation of dangerous goods is governed by some
sort of agreements and regulations which are drawn up by the relevant
international bodies. These agreements are updated regularly in order to keep pace
with economical and technical improvement.

The organization IRU is the global industry association for road
transport, driving the sustainable mobility of people and goods across the
planet (IRU, 2018).

IRU was founded in 1948 in Geneva with the start members of Belgium,
Denmark, France, the Netherlands, Switzerland, Sweden and the United Kingdom. Till
now, IRU has members and activities in more than 100 countries. IRU develops
knowledge, builds networks and deliver services to the world regarding to road transport.

It also helps to develop international standards, disseminates best practice
and delivers high quality professional training to make the roads, trucks, and
drivers even safer when dangerous goods are transported.

IRU Academy has developed a
specialized ADR program to provide high-level harmonized training to those
involved in the transport of dangerous goods by road.

IRU has also created a group
of experts on dangerous goods transport mandated to investigate develop and
analyze technical proposals that improve road safety in terms of operations
productivity and geographical coverage. These experts monitor and promote best
practices to explore the potential for further enhancement of vehicle capacity
to mitigate any impact on the environment. They also actively monitor and
propose solutions to UN working groups on the transport of dangerous goods as
well as working together with other modes of transport such as rail and inland
waterways to propose amendments to the ADR agreements.

 

4.   Legal Framework

4.1.         
Regulations of transportation by air

-ICAO

-IATA

4.2.         
Regulations of transportation on land

 

Recommendations on
the Transport of Dangerous Goods – Model Regulations (Rev.20)

These
recommendations have been developed in the light of technical progress, the
advent of new substances and materials, the exigencies of modern transport
systems and, above all, the requirement to ensure the safety of people,
property and the environment. They are addressed to governments and
international organisations concerned with the regulation of the transport of
dangerous goods. The Model Regulations cover the classification of dangerous
goods, their listing, the use, construction, testing and approval of packaging
and portable tanks, as well as consignment procedures such as marking,
labelling, placarding and documentation.

 

European Agreement
concerning the International Carriage of Dangerous Goods by Road (ADR) was done at Geneva on 30
September 1957 under the auspices of the United Nations Economic Commission for
Europe, and it entered into force on 29 January 1968. The Agreement itself was
amended by the Protocol amending article 14 (3) done at New York on 21 August
1975, which entered into force on 19 April 1985.

The
Agreement itself is short and simple. The key article is the second, which say
that apart from some excessively dangerous goods, other dangerous goods may be
carried internationally in road vehicles subject to compliance with:

 – the conditions laid down in Annex A for the
goods in question, in particular as regards their packaging and labelling; and

– the
conditions laid down in Annex B, in particular as regards the construction,
equipment and operation of the vehicle carrying the goods in question.

Annexes
A and B have been regularly amended and updated since the entry into force of
ADR.

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details about nine classes???