European Sustainable Carriage of Goods: The Role of Contract Law, 1st Edition (Hardback) book cover

European Sustainable Carriage of Goods

The Role of Contract Law, 1st Edition

By Ellen Eftestøl-Wilhelmsson

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176 pages

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Description

This work discusses the rapidly developing European transport policy on sustainable freight and the connected efforts initiated by the European Commission (EC) on greening transport by the means of contract law.

Greening transport has been a central goal for the EU for decades. The main problem has been, and still is, that far too much carriage of goods within the EU is performed unimodally: by road carriage alone. This has caused severe problems particularly in central Europe, where both trade and environment is suffering from an ineffective transport industry with growing problems of congestion and pollution. A modal shift in transport from mainly road based to a form of transport in which more environmental friendly modes such as rail, inland waterways and sea born transport are integrated into one transport chain, is hence an objective of the EU. If successful, this model could then be extended to the international transport community.

The key question raised in this book is whether the traditional role of contract law is changing to such an extent that the parties involved must take external interests into account. In the case of the EU’s efforts to enhance sustainable carriage of goods within its realm, the author explores whether governmental interference is necessary, or if we can trust that the parties will integrate environmental issues into their contracts because there is a demand for such clauses. The different proposals for an EU regime on multimodal contracts of carriage are discussed in this context.

This book will be of great relevance to academics and practitioners with an interest in EU law, transport law, environmental law and maritime law in general.

Table of Contents

I Introduction 1 What this Book is All About 2 The Present Legal Context 3 EU competence in the area of international transport II The Common Transport Policy 4 The Aim of Sustainable Transport 5 The Call for a European Liability Framework for Multimodal Contracts of Carriage 6 The Main Legal Obstacles to a European Framework 7 Does a harmonised legal regime really enhance multimodal carriage? III Contract Law as a Tool to Promote Sustainable Carriage of Goods 8 Integration of Sustainability in EU Contract Law 9 The role of the Freight Integrator 10 Conclusion

About the Author

Dr. Ellen Eftestøl-Wilhelmsson is an Associate Professor in Law at the Scandinavian Institute of Maritime Law, University of Oslo, Norway and a Docent of Civil Law and Research Manager for the InterTran research group at the Faculty of Law, University of Helsinki, Finland.

About the Series

IMLI Studies in International Maritime Law

The IMO International Maritime Law Institute (IMLI) was established under the auspices of the International Maritime Organization, a specialised agency of the United Nations.

The Institute is an international centre for the training of specialists in international maritime law. It contributes to the development and dissemination of knowledge and expertise in the international regime of merchant shipping and related areas of maritime law and the general law of the sea, with special reference to the international regulations and procedures for safety and efficiency of shipping and the prevention of marine pollution. For further information on the Institute please visit its website at:www.imli.org.

The series is dedicated to publishing original, scholarly contributions which analyse key issues in international maritime law. The works published in the series will be of interest to an audience of students and scholars in maritime law, maritime lawyers and barristers, and professionals in the shipping industry.

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Subject Categories

BISAC Subject Codes/Headings:
LAW021000
LAW / Contracts
LAW034000
LAW / Environmental
LAW066000
LAW / Maritime