This book discusses how the rules on international carriage of goods should be
changed in order to enhance sustainable carriage of goods within the EU. The
goal of sustainable carriage could be achieved if the steadily growing road carriage
within the Union could be replaced by more environmentally friendly multimodal
transport involving rail and sea carriage. One way to make this happen,
as suggested by the European Commission, is to provide the transport industry
with a harmonised liability regime for European multimodal transport. By doing
so, one obstacle to increased use of multimodal transport arrangements in the
shape of the unpredictable legal situation of the parties to a contract of carriage,
would be removed. The latter problem, identified as the regulatory gap in international
transport, has been discussed internationally for decades, but with no
solution so far.
This book outlines and analyses the common transport policy on multimodal
sustainable carriage of goods and its impact on the private law regimes governing
it. The different proposals for an EU regime on multimodal contracts of carriage
will be discussed in this context. One of the questions addressed is the competence
of the EU in the area of international transport, which previously was left to
the Member States in different international collaboration.
Despite the fact that environmental protection should be integrated in all
EU activities, its impact is more of a political than a legal question. Economic
research shows that efforts by the EU towards a harmonised liability regime
are not likely to be very effective as regards the desired modal shift. This book
accordingly argues that the EU Commission should rethink its strategy and not
rely upon the mere existence of a harmonised liability regime to reach its goal
of sustainable carriage of goods.