Multiparty and Linked Contracts, Transport Logistics, and the Uniform Transport Law


Book Description

"This book introduces legal aspects of business networks in logistics with the example of shippers' co-operation in cargo bundling, which is the practice of manufacturing and distributing companies (shippers) consolidating cargo before the engagement of a carrier. Shippers agree to co-operate and to detect cargo matching opportunities before shipment. As a result, shippers can organize joint transportation, yielding significant efficiency gains in both logistics and sustainability terms. However, the current legal framework is not adapted to cargo-bundling co-operation. This book not only clarifies the operation of laws (with the special focus on international uniform transport laws) but also provides legal solutions facilitating legal certainty in co-operation. It is the first comprehensive book on the legal aspects of shippers' co-operation in logistics, particularly liability issues in multiparty contracts, network contracts, and long-term contracts in the international carriage of goods domain. It is also the first providing an interpretative framework for transport conventions considering new business models and new technologies. Proposals are made for solutions at regulatory levels but also for contracts, which are especially important because contractual solutions can facilitate shippers to enter co-operation and help transport orchestrators operating through online platforms to prepare standard terms and conditions. The comparative part of the text features three jurisdictions (Poland, Germany and England), which offer readers an insight into how multiparty context in the carriage of goods operates at the crossroads of national laws and international transport conventions. This book is written for interested legal practitioners, policymakers, lobbying bodies, industry professionals (logistics, management of selling and producing companies), and scholars. It will also broadly appeal to those dealing with sustainable logistics and concepts such as sharing economy in logistics"--




Multiparty and Linked Contracts, Transport Logistics and the Uniform Transport Law


Book Description

This book introduces legal aspects of business networks in logistics with the example of shippers' co-operation in cargo bundling, which is the practice of manufacturing and distributing companies (shippers) consolidating cargo before the engagement of a carrier. Shippers agree to co-operate and to detect cargo matching opportunities before shipment. As a result, shippers can organize joint transportation, yielding significant efficiency gains in both logistics and sustainability terms. However, the current legal framework is not adapted to cargo-bundling co-operation. This book not only clarifies the operation of laws (with the special focus on international uniform transport laws) but also provides legal solutions facilitating legal certainty in co-operation. It is the first comprehensive book on the legal aspects of shippers' co-operation in logistics, particularly liability issues in multiparty contracts, network contracts, and long-term contracts in the international carriage of goods domain. It is also the first providing an interpretative framework for transport conventions considering new business models and new technologies. Proposals are made for solutions at regulatory levels but also for contracts, which are especially important because contractual solutions can facilitate shippers to enter co-operation and help transport orchestrators operating through online platforms to prepare standard terms and conditions. The comparative part of the text features three jurisdictions (Poland, Germany and England), which offer readers an insight into how multiparty context in the carriage of goods operates at the crossroads of national laws and international transport conventions. This book is written for interested legal practitioners, policymakers, lobbying bodies, industry professionals (logistics, management of selling and producing companies), and scholars. It will also broadly appeal to those dealing with sustainable logistics and concepts such as sharing economy in logistics.




Transportation Law on the Move


Book Description

The scope of this book is to present the cornerstones of a modern transportation law embedded in a modern logistics and supply chain environment. For this purpose, internationally leading experts write contributions on specific topics of transportation law. The authors compare different legal approaches and present conceptually convincing answers. In addition, they discuss unsolved issues in transportation law. In a first step, the challenges and chances regarding the transformation of the transportation market will be illustrated. Subsequently, several key topics such as the basic principles in transportation law, regulative frameworks form digital freight documents and a look towards a modern logistics will be covered. In conclusion, the insights for a reform in Swiss transportation law reform are identified.




Multimodal Transport Law


Book Description

We only have to look around us on the road while we travel to work or home, or to use our eyes at a railway station to know that the transport of goods takes up a lot of the room our modern day infrastructures provide. Sometimes perhaps a little too much; nowadays congestion seems to be the rule rather than the exception. This is an uncomfortable side effect of the explosive growth freight transport has experienced the last few decades1. Modern day transport offers a considerable array of possibilities; possibilities that are for the most part taken for granted by the general public that enjoys their benefits. The average European would not be surprised to learn that the fruit on offer in the local supermarket originates from another continent for instance. The idea that most of the things we use in our daily routine stem from a distant source, such as a cell phone from Japan, a trendy pair of designer jeans made in China or a glass of Australian wine, seems completely natural to us. Clearly the contemporary transport industry offers us a lot of benefits besides such discomforts as congestion and pollution. In earlier times, before machinery such as the steam engine had been invented it was hardly cost effective or even feasible when it came to perishables to carry goods halfway around the world if they were not at least valuable and extraordinary2. The limitations set on trade by the transport structures available did more however than simply curtail the range of affordable products on offer for the public. They also had a negative effect on the location of the industry, limited transport possibilities and forced production to take place near or in heavily populated areas to secure the necessary workforce and market possibilities. After all, industrial decentralisation is only feasible if there is an infrastructure capable of supporting a cost effective movement of goods and employees3 ...







The Handbook of Logistics Contracts


Book Description

The third-party logistics industry is a growing field. This is the first practical handbook to support managers in the creation and negotiation of logistics contracts from the legal and economic perspective. The book provides the general framework and an extensive analysis of the content, structure and best practices of logistics contracts.




The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea


Book Description

The international carriage of goods by sea has been regulated by international conventions. These include the “International Convention for the Unification of Certain Rules of Law relating to Bills of Lading” (“Hague Rules”); the “Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading” (“Visby Rules”); and the “UN Convention on the Carriage of Goods by Sea." They were adopted in 1924, 1968 and 1978 respectively and the transport industry's commercial needs have since substantially changed. Furthermore the advent of subsequent regimes has resulted in the uniformity in the carriage of goods by sea once provided by the Hague Rules being lost. In order to update and modernize existing regimes the “UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea” (“Rotterdam Rules”) was adopted on December 11, 2008 by the UN General Assembly and opened for signature on September 23, 2009. Since then drafters of the Rotterdam Rules, academics and practitioners have been publicizing, discussing, and evaluating the Rules. This book is an effort to further explore those same goals.




Freight Forwarding and Multi Modal Transport Contracts


Book Description

Freight Forwarding and Multimodal Transport Contracts, 2nd Edition, is a comprehensive guide to the law in relation to contract forms and terms created by operators, trade associations or international bodies such as the UN and used as a basis for trading conditions by freight forwarders, logistics suppliers, combined or multimodal transport operators and container operators. This second edition examines the latest editions of contract forms and terms, both where their object is the supply or procurement of multimodal carriage, as well as where they are directed to the use of combined transport equipment (ie containers, swap bodies). Of particular prominence will be a detailed examination of the latest versions of conditions used by the principal UK forwarding, logistics, intermodal and container operators such as the British International Freight Association (BIFA) conditions 2005A and the current Freightliner Conditions as well as updates on many of the conditions in use and legal developments relevant to them, eg Road Haulage Association Conditions 2009, Maersk Conditions of Carriage, TT Club Conditions.




Uniformity of Transport Law through International Regimes


Book Description

Uniformity of Transport Law through International Regimes addresses the problem of uniformity of transport law and the potential solutions at international and EU levels. It concerns transport conventions and other instruments dealing mainly with carriage of goods by sea and multimodal transport as well as examining the Rotterdam Rules as one of the solutions towards uniformity in carriage of goods law. The discussion on international uniformity in transport law is complemented by an examination of regional harmonization in the context of EU law-making and jurisprudence in the field of international transport. The comparison between international and regional regimes reveals the complexities in application and interpretation of the certain transport conventions which is detrimental to achieving uniformity.




Freight Forwarding and Multimodal Transport Contracts


Book Description

A valuable source of reference and guidance to this important and developing area of commercial law and practice. This book provides a comprehensive guidance on the law governing contracts used by operators concerned in the movement of goods focusing particularly on where more than one mode of transport is involved.