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Impact of Economic and Technical Developments on Road Carriers’ Contractual Liability

Impact of Economic and Technical Developments on Road Carriers’ Contractual Liability. Prof. Jacques Putzeys IRU Geneva 24 February 2012 9 th Symposium of Lawyers. Developments. Evolution does not mean freedom ! Eliminating barriers across modes and fair competition entail

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Impact of Economic and Technical Developments on Road Carriers’ Contractual Liability

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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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