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Political and legal environment of multimodality - for the sea transport (CMI) Prof. Alexander von Ziegler CIT / IRU Joint Conference.

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Presentation on theme: "Political and legal environment of multimodality - for the sea transport (CMI) Prof. Alexander von Ziegler CIT / IRU Joint Conference."— Presentation transcript:

1 Political and legal environment of multimodality - for the sea transport (CMI) Prof. Alexander von Ziegler CIT / IRU Joint Conference

2 Political and legal environment of multimodality5 September 2013 Page 2/21 Comité Maritime International 1 - Name and Object The name of this organization is the "Comité Maritime International." It is a non-governmental not-for-profit international organization established in Antwerp in 1897, the object of which is to contribute by all appropriate means and activities to the unification of maritime law in all its aspects. To this end it shall promote the establishment of national associations of maritime law and shall co-operate with other international organizations.

3 Political and legal environment of multimodality5 September 2013 Page 3/21 CMIs View on the Harmonization of Law 1.Harmonization of International Maritime Law International Conventions (e.g. Hague Rules 1924 / Hague Visby Rules 1968) 2.Harmonization of National Maritime Laws Model Laws 3.Harmonization of Maritime and Commercial Practice Uniform Rules (e.g. York Antwerp Rules on General Average) 4.Harmonization between the different Transport Laws Approach chosen during the drafting of the Rotterdam Rules; but applied to the extent that a harmonization was justified and where established maritime practices were not prevailing and more appropriate 5.Harmonization in the Multimodal Environment 6.Harmonization in Form of a «Generic Transportation Law» «……………….. unification of maritime law in all ist aspects …….»

4 Political and legal environment of multimodality5 September 2013 Page 4/21 CMI and Multimodality >CMI is dedicated to the harmonisation of maritime Law >CMI recognizes the importance and the oportunities in harmonizing the different transportation laws >CMI recognizes the multimodal transportation needs and dynamics and furthers the development of legal principles that accomodate those commercial and logistical realities >CMI does however not feel that it would be neither appropriate nor feasable that a Convention should be created or adhered to which attempts to cover all multimodal transportation variants, but that rather those practical variants should be accomodated, as they currently are, in the respective transportation conventions.

5 Political and legal environment of multimodality5 September 2013 Page 5/21 The basic approach when embarking on the revision of traditional / historic maritime transportation law Background of the problem: >Situation of maritime and shipping trade in 1924 >Segmentation of the Industry division by mode of transport

6 Political and legal environment of multimodality5 September 2013 Page 6/21 Special Nature of Maritime Law: >Maritime law was lex specialis – lex maritima and has developed independent from the law on land (and later by air) >Shipping Industry as a prominent private sector >road small entities >rail road governments (Europe) >air national airlines The basic approach when embarking on the revision of traditional / historic maritime transportation law

7 Political and legal environment of multimodality5 September 2013 Page 7/21 Result: >Segmentation of the law on international transport >Segmentation of the "ownership" for the legislation / harmonization of international transport law >CMI >IMO >UNCITRAL >UNCTAD >UN ECE >ICAO >OTIF >etc. The basic approach when embarking on the revision of traditional / historic maritime transportation law

8 Political and legal environment of multimodality5 September 2013 Page 8/21 Dealing with the Segmentation of International Legislation: >Segmentation of the law depending on the stage of the multimodal logistical chains >Role of the Freight Forwarder >Role of the Shipping Documentation >UNCTAD / ICC Rules >International Land Transportation Instruments basically restricted to the European Continent The basic approach when embarking on the revision of traditional / historic maritime transportation law

9 Political and legal environment of multimodality5 September 2013 Page 9/21 Segmentation of the law depending on the stage of the multimodal logistical chains Customer (FCA Buyer CFR Seller) Road Rail Road Maritime CMR COTIF / CIM HR

10 Political and legal environment of multimodality5 September 2013 Page 10/21 Role of the Shipping Documentation Customer (FCA Buyer CFR Seller) Road Rail Road Maritime CMR Consignment Note letter de voiture CIM Bill of Lading letter de voiture CIM CMR Consignment Note

11 Political and legal environment of multimodality5 September 2013 Page 11/21 Freight Forwarder as Carrier The NVOCC concept Customer (FCA Buyer CFR Seller) Road Rail Road Maritime FF

12 Political and legal environment of multimodality5 September 2013 Page 12/21 Door-to-Door Ocean Shipping Customer (FCA Buyer CFR Seller) Road Rail Road Maritime

13 Political and legal environment of multimodality5 September 2013 Page 13/21 Multimodality under the Rotterdam Rules

14 Political and legal environment of multimodality5 September 2013 Page 14/21 Contractual Relations under the Rotterdam Rules Customer (FCA Buyer CFR Seller) Road Rail Road Maritime Shipper Carrier

15 Political and legal environment of multimodality5 September 2013 Page 15/21 Liability Regime for the Maritime + Carrier under the Rotterdam Rules Customer (FCA Buyer CFR Seller) Road Rail Road Maritime Shipper Carrier

16 Political and legal environment of multimodality5 September 2013 Page 16/21 Liability Regime for the Maritime + Carrier under the Rotterdam Rules >Solution tailored based on existing practise and follows the accepted and broadly uncontreversial transaction pattern developped since since the mid-sixties. >Existing practice established to answer great demand in door to door documentation (door – to – door B/L) and undsegmented transport contract by shippers worldwide (CFR – sellers / FCA buyers). >Existing practice as offered by Freight Forwarders (e.g. FIATA B/L) and Liner Companies (door-to door B/Ls). >Solution inspired by the legal framework provided by the UNCTAD / ICC Rules and the FIATA B/L >Solution is non-intrusive on the service providers for land transport, who continue to benefit from their own and familiar regime.

17 Political and legal environment of multimodality5 September 2013 Page 17/21 Impact for the Rail Road / Road Carrier under the Rotterdam Rules? Customer (FCA Buyer CFR Seller) Road Rail Road Maritime

18 Political and legal environment of multimodality5 September 2013 Page 18/21 Impact for the Rail Road / Road Carrier under the Rotterdam Rules? Customer (FCA Buyer CFR Seller) Road Rail Road Maritime FF

19 Political and legal environment of multimodality5 September 2013 Page 19/21 Opportunity for the Rail Road / Road Carrier under the Rotterdam Rules? Customer (FCA Buyer CFR Seller) Road Rail Road Maritime FF

20 Political and legal environment of multimodality5 September 2013 Page 20/21 Lessons learned from the Rotterdam Rules Unification Process? >Tailor Instrument to the commercial realities and expectations >Build in flexibility to allow expansion towards new combined services "outside of the box >Respect the participating modes of transport and attempt to accommodate their needs and particularities >Do not focus on liability regimes but on the mechanism of the shipping routine as part of a greater commercial transaction of the customers >Harmonize where possible with solutions found by regimes of other Modes of Transport

21 Political and legal environment of multimodality5 September 2013 Page 21/21 Prof. Alexander von Ziegler Schellenberg Wittmer Ltd / Attorneys at Law Löwenstrasse 19 P.O. Box Zurich / Switzerland T F Thank you for your attention.


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