On May 19 1956, the CMR-Convention was signed, aiming at providing uniform rules for the contract of carriage of goods by road. The Convention proofed to be very successful and is after 60 years still in force in 55 member states. With this, the Convention provides uniform rules in most of Europe and the Middle East and still contributes to the underlying aim of legal certainty and predictability. Even though the Convention is very successful, there are also a returning number of critiques on the CMR Convention.
In general, critiques on the Convention can be found in two domains:
1. The absence of a uniform interpretation of certain key provisions of CMR (for example the scope rule, force majeure provision and breaking through rule).
2. The unfitness of CMR for twenty-first century transportation (for example the height of the limits, the absence of specific rules for multimodal contracts and optional carriage contracts, the outdated (?) rules on successive carriage and even the mode-specific nature of CMR all together).
For the occasion of the 60th birthday of the Convention these questions were presented to a panel of prominent CMR-scholars: Is it time for retirement or is the CMR Convention future proof? The answers to this questions were provided during a two day conference in October 2016. This book is a result of that conference and bundles the conference contributions which earlier appeared in TVR and EJCCL. We trust that this book can provide inspiration for legal engineers taking care of the maintenance, reparations and revisions of the engine of international road transport Law.
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Introduction
Part I Interpretation of key provisions of CMR by national courts
1 Article 1 CMR overview countries
2 Article 17 CMR overview countries
3 Article 29 CMR overview countries
Part II Evaluation of the CMR Convention
4 The CMR Convention – 60 years on – Annemieke Spijker
5 Scope of CMR (1) Multimodal Transport of Goods, CMR and the Effects on the Liability Regime of the Persons Involved in the Whole Carriage Operation – Elena Orrù
6 Scope of CMR (2) Is the CMR fit as the applicable regime for B2C e-commerce deliveries? – Wouter Verheyen
7 Scope of CMR (3) When Technology takes the Wheel – Marta Katarzyna Kołacz and Gerald Hopster
8 Evaluation of Article 29 Should one adapt Article 29 CMR? – Marc Hendrikse
9 Evaluation of the rules on successive carriage (1) The Concept of the Successive CMR Carrier on Trial – Simone Lamont-Black
10 Evaluation of the rules on successive carriage (2) Carriage performed by successive carriers – Massimiliano Musi
11 Models for CMR in other fields of law (1) The CISG Advisory Council: A Model to Improve Uniform Application of the CMR? – Cécile Legros
12 Models for CMR in other fields of law (2) ‘One Belt One Road’, Sub-Regional Transport Agreements and the CMR – a case of mutual dependency? – Jason Chuah
13 Evaluation of CMR CMR: Have we reached the end of the road? – Michael Antapasis
Conclusion: 60 years of CMR time for retirement or future proof?