Liability of the multimodal transport operator – the case of Kosovo A RT I C L E I N F O (original) (raw)

Liability Of The Multimodal Transport Operator The Case Of Kosovo

SSRN Electronic Journal

This paper gives a particular attention to the handling of the multimodal transport operator's liability in view of the new legislation in Kosovo, in terms of comparison with international legislation. From the research carried out in this area of transport, it has been found that, over the last decades, the international transport of goods has become more sophisticated and effective, and has increased rapidly because of the increased use of containers. Containers have advanced the flexibility to focus more on an integrated movement of goods instead of the movement specifically associated with a certain mode of transport. Unfortunately, this technical flexibility has been accompanied by a severe rigidity in the legal field in Kosovo as well. Although the transfer of goods from one type of transport to another type of transport has been greatly facilitated as a result of the container revolution, developments in the area of international and Kosovo legislation in the field of transport have not followed this pace. The recommendations on the necessity of a better regulation of the liability of the multimodal transport operator in the new legislation in Kosovo have been given at the end of this paper.

CONCLUSION OF THE CONTRACT FOR MULTIMODAL TRANSPORT OF GOODS, IN VIEW OF THE NEW LEGISLATION IN KOSOVO

This paper will address the general issues concerning the contract of multimodal transport , such as the notion, meaning, terminology, presentation and development, then the elements of the contract, contract forms, and the manner of concluding the contract. The legal defi nition of multimodal transport contract is given in the United Nations Convention for International Multimodal Transport of Goods, Article 1, and paragraph 3. This convention defi nes the contract for multimodal transport as follows: " The contract for multimodal transport is a contract whereby the multimodal transport operator undertakes , against payment of freight, to perform or to procure the performance of international multimodal transport. For the realization of multimodal transport activity, the participating parties will clearly defi ne their rights and obligations with the contract that they will conclude, for the multimodal transport of goods. The contract for multimodal transport of goods is a special category regulated by the provisions of the above-mentioned Convention , but in certain cases the provisions of national laws, which regulate legal relations between the operator of multimodal transport (MTO) and third parties that he has engaged in the transport process, are applied. Law on Obligational Relationships as lex gene-ralis does not contain special provisions that regulate the multimodal transport contract, but the provisions of this law, regulating the contracts in general and the freight contracts in particular, apply to this contract.

Legal Framework for the Transport of Dangerous Goods in Kosovo

The great importance of the legal regulation of the transport of dangerous goods pushed me to analyse issues in this paper related to the new legislation in the field of transportation of dangerous goods in Kosovo adopted after 1999.Given the fact that in Kosovo we do not have any other scientific paper which addresses legislation in the field of transport of dangerous goods, this paper presents a special contribution in addressing theoretical and scientific analysis on this issue. In this paper, a special emphasize has been given to harmonization, respectively, to the approximation of the new legislation in Kosovo with the acquis, in the field of transport of dangerous goods, as well as the aspects of direct implementation in Kosovo of EU Legislation and other international acts in this area. In the final part of this paper, as a result of scientific research, important recommendations were provided for the future inter alia present an immediate request to amend and supplement the ...

Multimodal Transport in Kosovo

SSRN Electronic Journal

Development of the classic branches of transport until after the year 1999 was a characteristic of economic policies in Kosovo, which came as a result of improper functioning of the market economy and non-application of modern technologies. Despite the great importance that the multimodal transport has for Kosovo, till today initial steps have been taken with the approval of the sector strategy for the multimodal transport 2015-2025 by the Kosovo Government, respectively by the Ministry of Infrastructure. The aim of this strategy is to set priorities in terms of infrastructure, as well as in terms of legal regulation. This paper addresses this topic in Kosovo for the first time, among other things notes the newly established circumstances in Kosovo after the war in 1999, which led to the change of policy development in the field of transport in order to adapt to the newly created circumstances and approximate with EU integration processes.

The Harmonization of Liability Regimes Concerning Loss of Goods During Multimodal Transport

2012

The terms “multimodal transport”, “combined transport”, “intermodal transport” are all used in the context of cargo movement from origin to destination. These terms have similar (although not the same) meaning, i.e. carriage of goods by more than one mode of transport through single fright contract. Containers enable transport of utilised cargo from its origin to its final destination, with a high level of efficiency and at least possible risk. Unfortunately, technical developments of multimodal carriage of goods are not supported by adequate legal framework. Despite various attempts that have been made in the past, there is no mandatory international convention governing multimodal carriage. The 1980 Multimodal Convention drawn by the UN has not come into force and is not likely to do so. All applicable international conventions are unimodal, i.e. applicable (in principle) only to specific mode of transport (sea, road, rail, air, inland waterways). Provisions contained in each of t...

New legislation of republic of Kosovo in thefield of transport

ILIRIA International Review, 2012

In this output are treated issues related to the new legislation in Kosovo in the field of transport. in particular, there is elaborated the law in force, regulations, administrative directions and other sub-legal acts issued by the Ministry of Transport Post and Telecommunication.Special importance was paid on the harmonization respectively on the approximation of the new legislation in Kosovo in the field of transport with acquis communitaire, as well as other aspects of direct implementation of the EU legislation from this field in Kosovo. It also reviewed the application of Law on Obligations provisions as lex generalis in the field of transport and recommendations are given for better and overall regulation of the field of transport, by supplementing and amending laws and by proposing the issuance of other special laws from this field.in the field of transport with international report, such as: European Agreement Concerning the International Carriage of Dangerous Goods by Road...

The carrier’s liability for damage to cargo in multimodal transport, with special focus on the Rotterdam Rules

Studia Iuridica Toruniensia

The turn of the 20 th and 21 st centuries has been the period of increasing importance of multimodal transport in commercial relations. This transport is characterized by using at least two different modes under the contract of carriage of cargo concluded between different countries 1. The development of this mode of transport entails the emergence of numerous problems, not only of technical, but also of legal nature. These problems include, in particular, the decision on the liability of the carrier in individual modes of transport, where international unimodal conventions are applicable. The most important of them are such conventions as the CMR Convention for the Carriage of Goods by Road 2 , COTIF-CIM Convention for the Carriage of Goods

Transportation management in Kosovo

2014

In this paper we are dealing with scientific management of transport in Kosovo The main aim of this research paper is how management made transport in Kosovo, management of roads, railway management, management of air transport. Kosovo roads categorization: international, regional, as roads are paved and asphalted for the year 2012 2013, international road is a public road that, with international act is classified road network of international, highways public road officially categorized as a Main Road , connecting two or more cities and which can serve as links with the neighboring countries, regional Roads public road officially categorized as a regional road , which connects two or more major cities local roads public road officially categorized as a local road connecting settlements inhabited areas within a municipality, unclassified road means any road that is not a public road , the owner of which is a citizen or group of citizens , and not the Ministry's responsibility ,...

International Law on the Multimodal Carriage of Goods: Recent Trends and Perspectives

International Journal of Legal Studies ( IJOLS ), 2017

Multimodal transport is a systematic combination of different modes of transport such as railway, road and water transport, aviation, and other traditional transport modes that can take advantages of each individual modes and achieve higher efficiency. This paper presents an overview of legal issues concerning the multimodal carriage of goods. The authors focus on the evolution of the international law regulations of the freight transportation with particular reference to the issues connected to multimodal transport. The critical review of existing international conventions and their provisions pertaining to multimodal transportation and the “maritime plus” regime of the Rotterdam Rules is provided. In addition, the problems generated by the lack of uniform multimodal carriage law are highlighted by the authors and the perspectives recommendations concerning multimodal transportation of goods are proposed. These problems will be addressed by means of an analysis of the current legal...