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Political and legal environment of multimodality
- for the sea transport (CMI)
Prof. Alexander von Ziegler
CIT / IRU Joint Conference
Political and legal environment of multimodality 5 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.
Political and legal environment of multimodality 5 September 2013 Page 3/21
CMI’s 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 …….»
Political and legal environment of multimodality 5 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.
Political and legal environment of multimodality 5 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
Political and legal environment of multimodality 5 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
Political and legal environment of multimodality 5 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
Political and legal environment of multimodality 5 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
Political and legal environment of multimodality 5 September 2013 Page 9/21
Segmentation of the law depending on the stage of the multimodal logistical chains
Customer(FCA BuyerCFR Seller)
Road RoadRail Road Rail RoadMaritime
CMR CMR
COTIF / CIM COTIF / CIMHR
Political and legal environment of multimodality 5 September 2013 Page 10/21
Role of the Shipping Documentation
Customer(FCA BuyerCFR Seller)
Road RoadRail Road Rail RoadMaritime
CMR Consignment Note letter de
voiture CIM Bill of
Lading
letter de voiture CIM
CMR Consignment Note
Political and legal environment of multimodality 5 September 2013 Page 11/21
Freight Forwarder as “Carrier”The NVOCC concept
Customer(FCA BuyerCFR Seller)
Road RoadRail Road Rail RoadMaritime
FF
Political and legal environment of multimodality 5 September 2013 Page 12/21
Door-to-Door Ocean Shipping
Customer(FCA BuyerCFR Seller)
Road RoadRail Road Rail RoadMaritime
Political and legal environment of multimodality 5 September 2013 Page 13/21
Multimodality under the Rotterdam Rules
Political and legal environment of multimodality 5 September 2013 Page 14/21
Contractual Relations under the Rotterdam Rules
Customer(FCA BuyerCFR Seller)
Road RoadRail Road Rail RoadMaritime
Shipper
Carrier
Political and legal environment of multimodality 5 September 2013 Page 15/21
Liability Regime for the „Maritime +“ Carrierunder the Rotterdam Rules
Customer(FCA BuyerCFR Seller)
Road RoadRail Road Rail RoadMaritime
Shipper
Carrier
Political and legal environment of multimodality 5 September 2013 Page 16/21
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.
Political and legal environment of multimodality 5 September 2013 Page 17/21
Impact for the Rail Road / Road Carrierunder the Rotterdam Rules?
Customer(FCA BuyerCFR Seller)
Road RoadRail Road Rail RoadMaritime
Political and legal environment of multimodality 5 September 2013 Page 18/21
Impact for the Rail Road / Road Carrierunder the Rotterdam Rules?
Customer(FCA BuyerCFR Seller)
Road RoadRail Road Rail RoadMaritime
FF
Political and legal environment of multimodality 5 September 2013 Page 19/21
Opportunity for the Rail Road / Road Carrierunder the Rotterdam Rules?
Customer(FCA BuyerCFR Seller)
Road RoadRail Road Rail RoadMaritime
FF
Political and legal environment of multimodality 5 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
Political and legal environment of multimodality 5 September 2013 Page 21/21
Prof. Alexander von Ziegler
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
Thank you for your attention.
