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DOI10.4337/9781786437457
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Contents
Foreword vi
Acknowledgements viii
Abbreviations ix
Table of cases xiii
Table of legislation xvii
Table of international instruments xix
1 Introduction 1
2 International regimes on carriage of goods: a historical overview 11
3 Multimodal transport and logistics in the contemporary regime
of carriage of goods 28
4 Uniformity in international transport law 69
5 A new regime for maritime and multimodal transport: the
Rotterdam Rules, 2008 134
6 Shipper’s obligations and liabilities under the Rotterdam
Rules, 2008 205
7 Regional harmonization of transport law: EU law and policy 235
8 Summary and conclusions 299
Index 319
v
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Foreword
It is often said that trade is the lifeblood of a nation. Global trade is
largely seaborne; as such, maritime transportation is invariably the
dominant medium through which trade is conducted worldwide. How-
ever, other modalities, including rail, road and air, are also important and
sometimes are inextricably linked to sea transportation. At any rate, to
facilitate the smooth delivery of goods across the globe, a legal frame-
work for transport law is essential; and uniformity in this commercial
arena can only be achieved through the effectuation of international
regimes. This is the proposition put forward by Dr Olena Bokareva in
this book, aptly titled Uniformity of Transport Law through International
Regimes.
In the book, Dr Bokareva has skilfully considered international con-
vention regimes covering maritime and other transportation modalities in
linewiththeEuropeanUnionlegalframeworkfortransport.Thefocusof
the book is not exclusively on shipping but rather takes cognizance of the
fact that ‘the transportation industry has been turned upside down by the
container revolution’. With futuristic foresight, she opines that the real
transformation in the transport industry will take place later, when
changes are effectuated by blockchain technology, smart contracts and
digitization. Dr Bokareva addresses current and contemporary issues
relating to transportation and the multifarious laws relating to different
modalities articulated in international conventions, together with domes-
tic and regional practices.
Thecentralthemeisuniformity,andalargepartofthebookisdevoted
not only to sea carriage of goods but also to multimodal transportation
within the wide scope of logistics and the global supply chain. Dr
Bokareva delves into the notion of uniformity and the need for it in this
particular branch of law, harking back historically to the lex mercatoria
and lex maritima, among other legal regimes of antiquity. Even though
the Rotterdam Rules have not yet seen success, she explains pointedly
how their ‘maritime plus’ concept purports to govern the entirety of a
carriage contract, extending to segments performed by sea and other
transport modes. She takes a strong focus on the necessity of uniformity
inthefieldofcarriageofgoodslawfromthevantagepointofoperational
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Foreword vii
needs and practices in the entire transport chain. Overall, the book
provides a theoretical foundation underpinning transport law as a whole,
and the various convention regimes addressing different transportation
modalities. Regional harmonization is highlighted as a method for
reaching uniformity and the author exemplifies this in the context of the
law and jurisprudence of the European Union in this field.
The book has eight chapters in all, covering the matters referred to
above. In her conclusion, Dr Bokareva proposes a number of alternatives
for gauging the future of carriage law, including different approaches that
might be adopted in order to reach the ideal situation. The book
represents a gallant effort made by a promising young scholar to probe a
subject that is intensely complex and rife with contradictory views
fostering debate and argument. All who are interested in international
trade and transportation, be they academics, practitioners, lawyers or
students of the law, will be well rewarded by engagement with the
contents of this excellent text, which is at once challenging and thought-
provoking. Those of us involved in this highly specialized field of
commercial law in various capacities owe a debt of gratitude to the
author.
Proshanto K. Mukherjee, LLB (Dalhousie), PhD (Wales),
juris dr. honoris causa (Lund); Professor of Law and Foreign Expert,
Dalian Maritime University; Emeritus Professor of Maritime Law and
Policy, World Maritime University; Chancellor, CINEC Campus.
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Acknowledgements
I would like to express my sincere gratitude to Professor Proshanto K.
Mukherjee and Professor Lars-Göran Malmberg, for their guidance and
support.
I am also grateful to the Faculty of Law at Lund University for
providing me with excellent research facilities and opportunities to
conduct research abroad, and otherwise supporting me in various ways
during the writing of this book. I also want to thank my colleagues and
friends at the Faculty of Law for creating a special research environment
and sharing discussions and challenges.
I wish to take this opportunity to extend my gratitude to Professor
Gertjan van der Ziel of the Netherlands for sharing first hand experience
on various aspects of the Rotterdam Rules. I also would like to thank the
Erasmus School of Law for hosting me as a guest researcher.
I would like to express my appreciation to the Max Planck Institute for
Comparative and International Private Law in Hamburg for supporting
my stay and research at the Institute and library.
My final words of appreciation go to my family.Without you, I would
be unable to complete this project.
1 October 2018
Lund
viii
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Abbreviations
BIMCO Baltic and International Maritime Conference
BOLERO Bill of Lading Electronic Registry Organization
CJEU Court of Justice of the European Union
CIM Uniform Rules Concerning the Contract for
International Carriage of Goods by Rail, 1999
CISG United Nations Convention on Contracts for the
International Sale of Goods, 1980
CITEJA Comité international technique d’experts
juridiques aeriens
CLECAT EuropeanAssociation for Forwarding, Transport,
Logistics and Customs Services
CMI Comité Maritime International
CMNI Budapest Convention on the Contract for the
Carriage of Goods by Inland Waterway, 2000
CMR Convention on the Contract for the International
Carriage of Goods by Road, 1956
Combiconbill Combined Transport Bill of Lading
COMBIDOC Bill Combined Transport Document
CONLINEBILL Liner Bill of Lading
COTIF Convention Concerning International Carriage by
Rail, 1980
CTO Combined Transport Operator
EEA European EconomicArea
ECSA European Community Shipowners’Association
ESC European Shippers Council
EU European Union
EU Treaty Treaty on the European Union
FAO Food andAgriculture Organization
FCL Full container load
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x Uniformityof transportlawthroughinternationalregimes
FIATA International Federation of Freight Forwarders
Associations
FIATA FBL FIATA Bill of Lading
FIO Free in and out
FIOS Free in and out, stowed
FOB Free on board
GA GeneralAssembly of the United Nations
Hague Rules International Convention for the Unification of
Certain Rules of Law Relating to Bills of Lading,
1924
Hague–Visby Rules Protocol toAmend the International Convention
for the Unification of Certain Rules Relating to
Bills of Lading 1924, 1968
Hamburg Rules United Nations Convention on the Carriage of
Goods by Sea, 1978
IATA InternationalAir TransportAssociation
ICAO International CivilAviation Organization
ICC International Chamber of Commerce
ICJ International Court of Justice
ICS International Chamber of Shipping
ILA International LawAssociation
ILC International Law Commission
ILO International Labour Organization
IMDG Code International Maritime Dangerous Goods Code
IMF International Monetary Fund
IMO International Maritime Organization
Incoterms International Commercial Terms used in contracts
for the sale of goods
IRU International Road Transport Union
ISF International Shipping Federation
ISIC Integrated Services in the Intermodal Chain, 2005
ISM Code International Safety Management Code
LCL Less than container load
LLMC Convention on Limitation of Liability for
Maritime Claims, 1976
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Abbreviations xi
MARPOL International Convention for the Prevention of
Pollution from Ships, 73/78
Montreal Convention Convention for the Unification of Certain Rules
for International Carriage byAir, 1999
MTO Multimodal Transport Operator
MULTIDOC 95 Negotiable Multimodal Bill of Lading
Multimodal United Nations Convention on International
Convention Multimodal Transport of Goods, 1980
NGO Non-Governmental Organization
NITL National Industrial Transportation League
NVOC Non-Vessel Operating Carrier
P&I Protection and Indemnity Club
Rotterdam Rules United Nations Convention on Contracts for the
International Carriage of Goods Wholly or Partly
by Sea, 2008
SDR Special Drawing Rights
SMGS TheAgreement on International Railway Cargo
Transportation by Rail (Russian abbreviation
SMGS), 1951
SOLAS International Convention for the Safety of Life at
Sea, 1974
STCW International Convention on Standards of
Training, Certification and Watchkeeping for
Seafarers, 1978
SWIFT Society for Worldwide Interbank Financial
Telecommunication
TCM Draft Transport Combiné de Marchandises, Draft
Convention on Combined Transport
TEU Twenty-Foot Equivalent Unit (a container)
TFEU Treaty on the Functioning of the European Union
TRACECA Transport Corridor Europe, Caucasus,Asia
UCP 600 ICC Uniform Customs and Practice for
Documentary Credits, edition 2006
UN United Nations
UNCITRAL United Nations Commission on International
Trade Law
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xii Uniformityof transportlawthroughinternationalregimes
UNCLOS United Nations Convention on the Law of the
Sea, 1982
UNCTAD United Nations Conference on Trade and
Development
UNECE United Nations Economic Commission for
Europe
UNIDROIT The International Institute for the Unification of
Private Law
VCLT orVienna Vienna Convention on the Law of Treaties, 1969
Convention
Warsaw Convention Convention for the Unification of Certain Rules
Relating to International Carriage byAir, 1929
WSC World Shipping Council
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