Legal Understanding of Management Decisions in Hydrocarbons Cross-Border Marine Shipping: Digital Hedging Technologies

The paper examines one of the areas of law application that is methodologically based on an individualized approach to the norms of law with their subsequent broad interpretation in relation to specific legal situations. Similarly, the vector of rule-making is determined in relation to the transportation of crude oil and its refined products entirely by sea. The work not only reflects the basic doctrines of legal understanding, but also presents an assessment of their law enforcement potential, the ability to influence the formation of sectoral, intersectoral institutions of law. The author examines financial intermediation and hedging that performs the same dealer functions, but with much lower costs than classical banking institutions. Implementation of the institution of a derivative credit instrument in law enforcement practice is of particular interest to the author. The paper considers such a phenomenon as confrontation between natural and positive law in the context of entrepreneurial activity. Transportation of petroleum products’ tenders is considered as a compensated use of property. The positivist legal understanding is seen by the author as no less important. The paper explains to what extent it can serve as a basis for making management decisions concerning market risks, risks of changes in portfolios of financial instruments, risks of probable losses.Transactions with a digital asset quite reasonably belong to the field of hedging, if there is a causal relationship between the types of the underlying asset and the hedging strategy, using digital examples. Connecting factors to the law of the payment currency, terms and amounts of payments are considered both in line with hedging strategies and utilitarially in the context of making a record of the rights’ transfer. The author draws a conclusion concerning the purpose of short and long positions of net assets hedged against margin trading limits if the security of an oil transportation transaction is found to be insufficient. Merchants receive borrowed capital secured by their own assets.Management solutions ensure the sequence of identification of all relevant risks, facilitate attracting exclusively licensed counterparties for the formation of loan coverage, regularly replenishing the reserves of liquid funds when conducting transactions with virtual currencies and other impersonal (in personal terms) assets. With management decisions being considered as one of the measures of value, hedging is similar to a loan agreement, since they have a common goal — to gain mandatory tranche for the derivative financial instruments that invariably maintain a high level of liquidity and volatility.