Political and legal environment of multimodality for the sea transport cmi
This presentation is the property of its rightful owner.
Sponsored Links
1 / 21

Political and legal environment of multimodality - for the sea transport (CMI) PowerPoint PPT Presentation


  • 95 Views
  • Uploaded on
  • Presentation posted in: General

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

Download Presentation

Political and legal environment of multimodality - for the sea transport (CMI)

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


Political and legal environment of multimodality for the sea transport cmi

CIT / IRU Joint Conference

Political and legal environment of multimodality- for the sea transport (CMI)

Prof. Alexander von Ziegler


Comit maritime international

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.


Cmi s view on the harmonization of law

CMI’s View on theHarmonization of Law

  • Harmonization of International Maritime Law

    • InternationalConventions (e.g. Hague Rules 1924 / HagueVisby Rules 1968)

  • Harmonization of National Maritime Laws

    • Model Laws

  • Harmonization of Maritime and Commercial Practice

    • Uniform Rules (e.g. York Antwerp Rules on General Average)

  • Harmonizationbetweenthe different Transport Laws

    • Approach chosenduringthedrafting of the Rotterdam Rules; but appliedtotheextentthat a harmonization was justifiedandwhereestablished maritime practiceswere not prevailingandmoreappropriate

  • Harmonizationin the Multimodal Environment

  • Harmonization in Form of a «Generic Transportation Law»

    «……………….. unification of maritime lawin all ist aspects …….»


Cmi and multimodality

CMI andMultimodality

  • 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.


Political and legal environment of multimodality for the sea transport cmi

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


Political and legal environment of multimodality for the sea transport cmi

The basic approach when embarking on the revision of traditional / historic maritime transportation law

Special Nature of Maritime Law:

  • Maritime law was lexspecialis – lexmaritima 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


Political and legal environment of multimodality for the sea transport cmi

The basic approach when embarking on the revision of traditional / historic maritime transportation law

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.


Political and legal environment of multimodality for the sea transport cmi

The basic approach when embarking on the revision of traditional / historic maritime transportation law

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


Segmentation of the law depending on the stage of the multimodal logistical chains

Segmentation of the law depending on the stage of the multimodal logistical chains

Customer

(FCA Buyer

CFR Seller)

CMR

CMR

COTIF / CIM

COTIF / CIM

HR

Road

Rail Road

Maritime

Rail Road

Road


Role of the shipping documentation

Role of the Shipping Documentation

Customer

(FCA Buyer

CFR Seller)

CMR

Consignment

Note

CMR Consignment Note

letter de voiture CIM

letter de voiture CIM

Bill of Lading

Road

Rail Road

Maritime

Rail Road

Road


Freight forwarder as carrier the nvocc concept

Freight Forwarder as “Carrier”The NVOCC concept

Customer

(FCA Buyer

CFR Seller)

FF

Road

Rail Road

Maritime

Rail Road

Road


Door to door ocean shipping

Door-to-Door Ocean Shipping

Customer

(FCA Buyer

CFR Seller)

Road

Rail Road

Maritime

Rail Road

Road


Multimodality under the rotterdam rules

Multimodality under the Rotterdam Rules


Contractual relations under the rotterdam rules

Contractual Relationsunder the Rotterdam Rules

Customer

(FCA Buyer

CFR Seller)

Shipper

Carrier

Road

Rail Road

Maritime

Rail Road

Road


Liability regime for the maritime carrier under the rotterdam rules

Liability Regime for the „Maritime +“ Carrierunder the Rotterdam Rules

Customer

(FCA Buyer

CFR Seller)

Shipper

Carrier

Road

Rail Road

Maritime

Rail Road

Road


Liability regime for the maritime carrier under the rotterdam rules1

Liability Regime for the „Maritime +“ Carrierunder 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.


Impact for the rail road road carrier under the rotterdam rules

Impact for the Rail Road / Road Carrierunder the Rotterdam Rules?

Customer

(FCA Buyer

CFR Seller)

Road

Rail Road

Maritime

Rail Road

Road


Impact for the rail road road carrier under the rotterdam rules1

Impact for the Rail Road / Road Carrierunder the Rotterdam Rules?

Customer

(FCA Buyer

CFR Seller)

FF

Road

Rail Road

Maritime

Rail Road

Road


Opportunity for the rail road road carrier under the rotterdam rules

Opportunity for the Rail Road / Road Carrierunder the Rotterdam Rules?

Customer

(FCA Buyer

CFR Seller)

FF

Road

Rail Road

Maritime

Rail Road

Road


Lessons learned from the rotterdam rules unification process

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


Political and legal environment of multimodality for the sea transport cmi

Thank you for your attention.

Prof. Alexander von Ziegler

[email protected]

Schellenberg Wittmer Ltd / Attorneys at Law

Löwenstrasse 19

P.O. Box 1876

8021 Zurich / Switzerland

T +41 44 215 5252

F +41 44 215 5200


  • Login