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Road Carriers’ Contractual Liability in an Era of Economic and Technical Advancements

Explore the impact of economic globalization, logistic changes, technical innovations, and legal regulations on road carriers' contractual liabilities. Discover how these developments shape the future of transportation and the challenges they pose.

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Road Carriers’ Contractual Liability in an Era of Economic and Technical Advancements

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  1. Impact of Economic and Technical Developments on Road Carriers’ Contractual Liability Prof. Jacques Putzeys IRU Geneva 24 February 2012 9th Symposium of Lawyers J.Putzeys - IRU - 24 02 2012

  2. Developments • Evolution does not meanfreedom! • Eliminatingbarriersacross modes and faircompetitionentail Constraints PrimarilyPOLITICAL but also - economic - environmental - logistic - legal - technical - protective J.Putzeys - IRU - 24 02 2012

  3. Economic Constraints • Globalization, thereforecombined transport • Lean supplychain – stock-en-route • Therefore: just-in-timedelivery • Transport is an integrated part of LOGISTICS J.Putzeys - IRU - 24 02 2012

  4. Logistic Constraints Foresee the unforseeable! Changing company structure > IT is vital Europe 2009 Package: > access to the market > admission to the occupation > new documents (e-CMR ?) J.Putzeys - IRU - 24 02 2012

  5. Technical Developments IT management fleet tracking cargo tracking documents Vehicles Traffic J.Putzeys - IRU - 24 02 2012

  6. Containers • A REVOLUTION! • Technical: yes, but… • Above all legal: • “said to contain” • Unknown cargo • Unknown packaging • Impossible to check J.Putzeys - IRU - 24 02 2012

  7. Environmental Constraints • For companies: settlement permit • For vehicles: CO² emissions • Threat to road carriers “Break the system’s dependence on oil” (EC White Paper, 2011) J.Putzeys - IRU - 24 02 2012

  8. Legal Developments • Each mode has built its own protection instruments • But today, there is only one supply chain, therefore a single transport chain • What about transfers from one mode to another? • What about different and successive liabilities? J.Putzeys - IRU - 24 02 2012

  9. “All Risks” Insurance • General observation: The clients don’t care The choice of a transport mode is not dictated by itsgoverninglegalframework. ° Therefore: the coverage issue reverts to the insurers Whatinsurers? The sameones! No claims!: insurers, co-insurers, reinsurers, retrocedinginsurers, etc. J.Putzeys - IRU - 24 02 2012

  10. QUO VADIS? • Uniform legislation for all? • 1980 TCM? 2008 Rotterdam Rules? • Multimodal General Conditions? • IRU to takeinterest in multimodal transport + a more open market. Likelyevolution? Greaterliability! J.Putzeys - IRU - 24 02 2012

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