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EРCУБOРNИOКMАY
THE DEVELOPMENT OF
COMBINED TRANSPORT AND THE
NEED OF ITS LEGAL REGULATION
IN THE REPUBLIC OF MACEDONIA
Damjan Vidovski
The author is a master in law in
transportation and maritime law
at the University of Erasmus in
Rotterdam.
48 September 2016
The emergence of containers,
that is, the container revolution, of the key tools for realization of sustainable
has contributed for the growth
of trade at a world level. A new
service which is being offered
emerged with their increased use, which
is combined (multimodal) transport.
Combined transport implies transport of
goods with the use of at least two types of
means of transport. Such way of transport
provides quick and cost-effective transport
of goods which is due to the practicability
of the containers which are the most widely
used tool for transportation of goods today.
Containers provide quick transfer of goods
from one to another type of transport,
without a need to reload the goods
individually. With the implementation
of containers in transport, the borders
between the different types of transport
are deleted whereby an opportunity for
combined transport emerges. Certainly
this implies a need of development of
an infrastructure which will be adjusted
to such transportation. Construction of
multimodal centers is planned in the
Republic of Macedonia, which will have
to respond to the newly created technical
requirements. However, the successfulness
of an integrated transportation system
also depends on other factors such
as efficient administrative and legal
system. The international transportation
policy is oriented in this direction as
well, particularly within the European
Union where since 1992 the frameworks
of the Common Transport Policy have
been created. Within the EU Transport
Policy there is a clearly defined need of
development of combined transport as one
development. This also includes the issues
of the legal order or the combined transport
because the very nature of such transport
also entails many issues about the legal
regulations between the transporters and
the users of transport, and particularly in
the part of responsibility.
The main fact that responsibility
depends on, is the applicable legislation
for the agreement on combined transport.
The answer to this question depends on
each performed transport individually. Is
it a matter of an international or national
transport? What means of transport
were used for the transport? Who shall
be considered carrier, and who shall be
a forwarder? All these sub-questions
are essential in order to determine the
applicable law on a modern transport
agreement. The problem can be perceived
when one reviews the existing regulations
on the transport agreements. Each type
of transport is separately regulated,
both nationally and internationally. This
implies different rights and responsibilities
depending on the type of transport.
WORLD TRENDS
If one observes the world practice in the
conclusion of transport agreements, one
would notice that there is an increasing
representation of agreements which are
so called “door to door” agreements where
the mode of transport is not precisely
determined. Such formulated obligation
leaves the freedom to the carrier to choose
the way how he will perform the agreement