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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. Comité Maritime International. 1 - Name and Object

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

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

  2. 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. 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 …….»

  4. 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.

  5. 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. 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

  7. 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.

  8. 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

  9. 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

  10. 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

  11. Freight Forwarder as “Carrier”The NVOCC concept Customer (FCA Buyer CFR Seller)  FF Road Rail Road Maritime Rail Road Road

  12. Door-to-Door Ocean Shipping Customer (FCA Buyer CFR Seller)  Road Rail Road Maritime Rail Road Road

  13. Multimodality under the Rotterdam Rules

  14. Contractual Relationsunder the Rotterdam Rules  Customer (FCA Buyer CFR Seller) Shipper Carrier Road Rail Road Maritime Rail Road Road

  15. Liability Regime for the „Maritime +“ Carrierunder the Rotterdam Rules  Customer (FCA Buyer CFR Seller) Shipper Carrier Road Rail Road Maritime Rail Road Road

  16. 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.

  17. Impact for the Rail Road / Road Carrierunder the Rotterdam Rules? Customer (FCA Buyer CFR Seller)  Road Rail Road Maritime Rail Road Road

  18. Impact for the Rail Road / Road Carrierunder the Rotterdam Rules? Customer (FCA Buyer CFR Seller)  FF Road Rail Road Maritime Rail Road Road

  19. Opportunity for the Rail Road / Road Carrierunder the Rotterdam Rules? Customer (FCA Buyer CFR Seller)  FF Road Rail Road Maritime Rail Road Road

  20. 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. Thank you for your attention. Prof. Alexander von Ziegler alexander.vonziegler@swlegal.ch 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

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