Jurisdiction & Multimodal Transport : A Green Perspective.

Compétence juridictionnelle & transport multimodal : perspectives en matière de développement durable.

Cécile Legros (1, 2)

1 IRIHS - Institut de Recherche Interdisciplinaire Homme et Société
2 CUREJ - Centre Universitaire Rouennais d'Études Juridiques

The promotion of multimodal transport by European Authorities is based on several considerations, amongst which its positive influence on sustainable developement. From the point of view of private law, it is questionable whether EU law could be an incentive for promote modal shift. This issue will be adressed from the angle of litigation as the way litigations are settled can be considered as one of the criteria of sustainability. Considering the current jurisdiction and arbitration rules applicable to multimodal transport, it must be noted that no enforceable international convention specifically governs this type of transport. Identifying the applicable regime to litigations raised by multimodal transport is quite a challenging assignment as it is determined by a great variety of sources. The analysis of the rules governing this type of litigations prove that they are not an incentive for the development of multimodalism. Imagining a better way to settle multimodal litigations in Europe thus appears relevant.

Mots clés: international law; Sustainable development; jurisdiction; transport law

Mots clés: doit international; développement durable; Conflits de juridictions; droit des transports

Domaines: Droit

Cécile Legros. Jurisdiction & Multimodal Transport : A Green Perspective.. Marius, 2015, nr 459/2015 (pp 87-114.). ⟨hal-01654026⟩