European Sustainable Freight – The Role of Contract Law
ENVIRONMENTAL LIABILITIES IN PORTS AND COASTAL AREAS – FOCUS ON PUBLIC AUTHORITIES AND OTHER ACTORS, Institute of Maritime and Commercial Law Åbo Akademi University, 2011
18 Pages Posted: 16 Jun 2011
Abstract
Sustainability is a core issue in the rapidly developing European Transport Policy. Increased use of multimodal or intermodal transport is an important aspect of this policy. The article discusses the role of contract law in this context. The first question discussed is how contract law could be used as a means of regulating traffic flows. Providing the multimodal industry with a predictable and transparent legal framework has been identified as one option. The second question discussed is how environmental issues can be integrated in the obligations of the planners and providers of a multimodal carriage of cargo, such as the freight forwarders and the multimodal carriers. The task is difficult due to the “nature” of contract law as self-implementing and not controlled by authorities. The author argues that the environmental issues are so important that it nevertheless will force its way into contract law. This development is already visible in business practisces. An example is the growing European group of green transport integrators, which focus on sustainable transport.
Keywords: sustainability, transport law, European transport policy, multimodal transport, intermodal transport, the role of contract law, contract law, multimodal carrier liability, freight forwarder, transport integrators, contractual obligations, environmental issues in contract law
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