Słowa kluczowe
Multimodal Transportation
Recourse Action
Unlocalized Loss
Unimodal Conventions
Uniform Liability System
Network Liability System
Localization of Loss
Internet of Thing
Successive Carriage
Abstrakt
This article will examine whether the current legal framework for the international carriage of goods allows the multimodal transport operator (MTO) to exercise his right for redress in cases involving an unlocalized loss. The article will also provide solutions for a problem the MTO might encounter when exercising his recourse action. By the use of the descriptive method, legal aspects of the MTO's right for redress will be examined in Section 2 with focus on usual contractual relationships involved in the multimodal carriage of goods, the multimodal as well as the unimodal legal framework, systems for liability determination and the recourse action. In Section 3, through the descriptive method, the term unlocalized loss and reasons for it to arise will be examined and through the comparative method the multimodal as well as the unimodal legal framework will be analysed in order to find out whether the current legal framework for the international carriage of goods takes into account the MTO's right for redress in cases involving an unlocalized loss. By the use of combination of the descriptive and the normative method in Section 4, solutions to the problem identified in Section 3, that the MTO might encounter when initiating his recourse action, will be provided. The Section 3 will reveal that the MTO will encounter the problem of identifying the actually responsible performing carrier in cases involving an unlocalized loss and therefore his recourse action will not be possible under the unimodal legal framework even though that the multimodal legal framework will provide for determination of his liability also in cases involving an unlocalized loss. Section 4 will provide two solutions to the problem - the new recourse system for the multimodal carriage of goods based on the concept of the successive carriage under the CMR Convention and localization of a loss by the use of the Internet of Things (IoT).
Bibliografia
Alcantara J.M.: The New regime and multimodal Transport, Lloyds Maritime and Commercial Law Quarterly 2002.
Besong C.: Towards a modern role for Liability in multimodal Transport Law, PhD. thesis, London 2007.
Bond N.: The maritime Performing Party and the scope of the rotterdam rules, Australian and New Zealand Maritime Law Journal 2014, Vol. 28, Issue 2.
Bugden P.M., Lamont-Black S.: Goods in Transit and freight forwarding, London 2013.
Carr I., Stone P.: International Trade Law, Abingdon 2014.
Clarke M.A.: International carriage of goods by road: cmr, Abingdon 2014. Clarke M.A., Yates D.: Contracts of carriage by Land and Air, Abingdon 2013.
Chan F.W.H., Ng J.J.M., Wong B.K.Y.: Shipping and Logistics Law: Principles and Practice in Hong Kong, Hong Kong 2002.
Chuah J.: Law of International Trade: cross-Border commercial Transactions, London 2013.
Dąbrowski D.: The multimodal carriers Liability for Non-Localized Loss, Problemy Transportu i Logistyki 2016, Issue 4.
De Witt R.: Multimodal Transport: carrier Liability and Documentation, London 1995.
Diamond Q.C.A.: The Rotterdam Rules, Lloyds Maritime and Commercial Law Quarterly 2009.
Eftestol-Wilhelmsson E., Bask A., Rajahonka M.: Intermodal Transport research: A Law and Logistics Literature review with EU focus, European Transport Law 2014, Vol. XLIX, Issue 6.
Eftestol-Wilhelmsson E.: EU Intermodal Transport and carrier liability: content and context, Scandinavian Institute of Maritime Law, Yearbook 2007.
Erasmus University Rotterdam, Faculty of Law: Intermodal Liability working Paper, project title: European Strategies to Promote Inland Navigation, 2004.
Faber D.: The Problems Arising from multimodal Transport, Lloyds Maritime and Commercial Law Quarterly 1996.
Fenner K.: Filling the Evidence gap: A case for the Internet of Things?, Womble Bond Dickinson 2016.
Girvin S.: Carriage of goods by sea, Oxford University Press 2007.
Glass D.A.: Freight forwarding and multimodal Transport contracts, Abingdon 2012.
Haak Krijn F., Hoeks M.: Arrangements of Intermodal Transport in the field of conflicting conventions, Transport 2005, Vol. 3.
Hardingham A.C.: Actions Against successive carriers Under cmr, Lloyds Maritime and Commercial Law Quarterly 1978.
Hoeks M: Multimodal Transport Law: The Law Applicable to the multimodal contract for the carriage of goods, Alphen aan den Rijn 2010.
Jasenko M.: The Harmonization of Liability regimes concerning Loss of goods During multimodal Transport, 15th International Conference on Transport Science ICTS 2012, Fakulta za pomorstvo in promet Portoroz, Slovenija 2012.
Lacey M., Lisachuk H., Giannopoulos A., Ogura A.: Shipping smarter: IoT opportunities in transport and Logistics, Delloite Insights 2015.
Lamont-Black S.: Claiming Damages in multimodal Transport: A Need for Harmonization, Tulane Maritime Law Journal 2012, Vol. 36, Issue 2.
Lamont-Black S.: The concept of the successive cmr carrier on trial, European Journal of Commercial Contract Law 2017, Vol. 9, Issue 1-2.
Loewe R.: Commentary on the convention of 19 may 1956 on the contract for the International carriage of goods by road (cmr), International Institute for the Unification of Private Law 1975.
Messent A., Glass D.A.: cmr: contracts for the international carriage of goods by road, Abingdon 2017.
Monios J., Bergqvist R.: Intermodal freight Transport and Logistic, Boca Raton-London-New York 2017.
Murray C., Holloway D., Hunt D.T.: The Law and Practice of International Trade, London 2012.
Ramming K.: German Transport Law and Its Effects on maritime Law, International Business Lawyer 1999, Vol. 27, Issue 7.
Reed S.: Common Time Limits for Trade and shipping claims: A Print-out guide, ReedSmith Client Alert 14-039 2014.
Rutherford S.: Intermodal and IoT: 5 reasons They are a match made in Heaven, ORBCOMM 2017.
Schelin J.: cmr Liability in Law Economics Perspective, Scandinavian Studies in Law 2004, Vol. 46.
Sit S-S: `Maersk Let customers Track containers with IoT, Supply Management 2017.
Smeele F.: The maritime Performing Party in the rotterdam rules 2009, European Journal of Commercial Contract Law 2010, Issue 1-2.
Spanjaart M.: Multimodal Transport Law, Abingdon 2018.
Spanjaart M.: The successive carrier: a relic from the past, Uniform Law Review2016, Vol. 21, Issue 4.
Sturley M.F., Tomotaka F., van der Ziel G.: The Rotterdam rules, Thomson Reuters 2010.
The United Nations, Economic Commission for Europe, the European Conference of Ministers of Transport, the European Commission: Terminology on combined Transport, Paris 2006.
United Nations Conference on Trade and Development: Implementation of multimodal Transport Rules, report prepared by the UNCTAD secretariat 2001.
United Nations Conference on Trade and Development: multimodal Transport: The feasibility of an International legal Instrument, report prepared by the UNCTAD secretariat 2003.
Witkowski K.: Internet of Things, Big Data, Industry 4.0: Innovative solutions in Logistics and supply chains management, Procedia Engineering 2017, Vol. 182.