Law applicable to international carriage: EU law and international treaties
pages 27 - 60
ABSTRACT:

The main source of EU Law regarding law applicable to international carriage is Rome I Regulation of 17 June 2008, replacing the Convention on Law Applicable to Contractual Obligation of 19 June 1980/EEC. Article 5 of the EU Regulation introduces special (autonomous) conflict of law provisions for contracts of carriage and it does extend these special provision also to the transport of persons. Special provisions of Article 5 of the Regulation distinguish between special rules for contracts for the carriage of goods (Article 5(1) of the Regulation) and for contracts for the carriage of persons (Article 5(2) of the Regulation). The Convention, as opposed to the Regulation, nevertheless contains one provision that has been quite important and this is the third sentence of Article 4(4) of the Convention. It is clear from the concept of the Regulation that the latter has chosen to use a relatively very wide foundation for the qualification of contact of carriage. Pursuant to Regulation if the country of the habitual residence of the carrier and the place of receipt (into the custody of the carrier) or the place of delivery or the habitual residence of the consignor is also situated in that country, then the law of the country of the habitual residence of the carrier shall be used (Article 5(1) sentence 1 of the Regulation). If the place of receipt or the place of delivery or the habitual residence of the consignor are located in a country different from that of the habitual residence of the carrier, then the law of the country where the place of delivery as agreed by the parties is situated shall apply.

keywords
conflict of law
choice of law
law of the flag
place of loading
carriage of goods
carriage of persons
applicable law
operating facility
consignor
consignee
cargo
accommodation
passenger
boarding
disembarkation
carriage by air
carriage by water
railway
loss of goods
damage of goods
period of delivery
charter party goods in transit
res in transitum
vehicle
state of departure
road transport
dépeçage
voyage
autonomous qualification
Hamburg rules
Hague-Visby rules
CMR
COTIF
CIM
CIV
about the authors

Univ. Professor, Dr.iur., Mgr., Dipl. Ing. oec/MB, Dr.h.c. Lawyer admitted and practising in Prague/CZE (Branch N.J./US), Senior Partner of the Law Offices Bělohlávek, Dept. of Law, Faculty of Economics, Ostrava, CZE, Dept. of Int. and European Law, Faculty of Law, Masaryk University, Brno, CZE (visiting), Chairman of the Commission on Arbitration ICC National Committee CZE, Arbitrator in Prague, Vienna, Kiev etc. Member of ASA, DIS, Austrian Arb. Association. The President of the WJA – the World Jurist Association, Washington D.C./USA.

e-mail: office@ablegal.cz