GLOBAL LAW OF TRANSPORTS

Michele Maria Comenale Pinto

Instructional goals

The course provides an introduction to the main legal issues in transportation and logistics, focusing particularly on the handling of goods. The course will also cover passenger transportation. The main relevant legal sources with a focus on uniform law conventions and contractual practices will be examined.

Prerequisites

A sufficient understanding of general contract law.

Intended learning outcomes

Ability to identify the main legal sources in the field of transportation and logistics.

Course Contents

Sources, cases, and materials on transportation and logistics law

Reference Books

For students attending class: materials distributed and discussed during lectures. For students not attending class: Andreas Furrer (ed.), Transportation Law on the Move: Challenges in the Modern Logistics World. Stämpfli Verlag, 2020. A basic understanding of the main uniform law conventions is also required.

Teaching Methods

The course will be based on lectures and seminars:

Assessment Method

Oral Exam

Week 1

Developments in technology, modes of transport and legal frameworks. The trend towards the convergence of the regulatory framework for various modes of transport. Multimodal transport and the standardisation of cargo. Issues in integrated logistics.

Week 2

Relationships between carriers and cargo owners. Shippers' opposition to exemptions and limitations of liability.

Week 3

The international nature of transportation. The trend towards legal harmonisation. The Role of Professional and Business Organisations'

Week 4

The Evolution of International Rail Transport Legislation: From the CIM of 1890 to COTIF 1999. Rail Transport in European Union Law.

Week 5

Maritime Cargo Transport: From the U.S. Harter Act to the Hague-Visby Rules and Beyond

Week 6

The Evolution of International Air Transport Law: From the 1929 Warsaw Convention to the 1999 Montreal Convention

Week 7

International Road Transport and the CMR Convention. Multimodal and Door-to-Door Transportation

Week 8

From traditional transport documents to paperless documentation

Week 9

Employees, supervisors, and independent contractors. Freight forwarders. The legal status of terminal operators. Himalaya clauses