Multiparty and Linked Contracts, Transport Logistics and the Uniform Transport Law

Legal Solutions for Co-Operation in Cargo Bundling
1. Auflage 2024
ISBN: 978-1-032-58608-3
Verlag: Taylor & Francis

Buch, Englisch, 256 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 535 g

Reihe: Contemporary Commercial Law

This book introduces legal aspects of business networks in logistics with the example of shippers’ co-operation in cargo bundling, which is the practice of manufacturing and distributing companies (shippers) consolidating cargo before the engagement of a carrier. Shippers agree to co-operate and to detect cargo matching opportunities before shipment. As a result, shippers can organize joint transportation, yielding significant efficiency gains in both logistics and sustainability terms. However, the current legal framework is not adapted to co-operation in cargo-bundling.

This book not only clarifies the operation of laws (with the special focus on international uniform transport laws) but also provides legal solutions facilitating legal certainty in co-operation. It is the first comprehensive book on the legal aspects of shippers’ co-operation in logistics, particularly liability issues in multiparty contracts, network contracts, and long-term contracts in the international carriage of goods domain. It is also the first providing an interpretative framework for transport conventions considering new business models and new technologies. Proposals are made for solutions at regulatory levels but also for contracts, which are especially important because contractual solutions can facilitate shippers to enter co-operation and help transport orchestrators operating through online platforms to prepare standard terms and conditions. The comparative part of the text features three jurisdictions (Poland, Germany, and England), which offer readers an insight into how multiparty context in the carriage of goods operates at the crossroads of national laws and international transport conventions.

This book is written for interested legal practitioners, policymakers, lobbying bodies, industry professionals (logistics, management of selling, and producing companies), and scholars. It will also broadly appeal to those dealing with sustainable logistics and concepts such as sharing economy in logistics.

Zielgruppe

Academic, Postgraduate, Professional, Professional Practice & Development, and Professional Reference

Autoren/Hrsg.

Kolacz, Marta K

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht
• Rechtswissenschaften Wirtschaftsrecht Handels- und Gesellschaftsrecht Transport-, Fracht-, Speditions- und Seehandelsrecht
• Wirtschaftswissenschaften Wirtschaftssektoren & Branchen Transport- und Verkehrswirtschaft
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales See-, Luft- und Weltraumrecht

Inhaltsverzeichnis

1. Co-operation in cargo bundling – business networks, multiparty and linked contracts 2. Transport conventions – interpretative framework for mandatory transport law in changing business and technological circumstances 3. Risk management under the transport conventions 4. Operation of exoneration grounds and their effect on carrier liability 5. Separate carriage contracts resulting from the co-operation agreement – first execution model of cargo bundling co-operation 6. Co-principals under one contract of carriage – second execution model of cargo bundling co-operation 7. Legal nature of a co-operation agreement for cargo bundling 8. Legal classification of the Bundling Company and Transport Orchestrator - third execution model of cargo bundling co-operation 9. Towards a legal framework for co-operation in logistics

Über Autor(innen)

Marta K. Kolacz is Assistant Professor in Private Law at Maastricht University in the Netherlands. Marta obtained her Doctor of Law degree at the Erasmus University Rotterdam, the Netherlands and University of Antwerp, Belgium (double degree). Her main areas of interest are the regulation of new technologies, regulation of sustainable logistics, and transport law.