Liability and Jurisdiction Issues in International Transport Law under Turkish Law: Managing Legal Complexities

Introduction

International transport law governs the movement of goods and passengers across borders by different modes, such as road, sea, air, and rail. Turkey plays a pivotal role as a transit country due to its strategic location between Europe, Asia, and the Middle East. However, international transport introduces challenges, particularly concerning liability for loss, damage, or delays and jurisdiction over disputes. This article explores the liability and jurisdictional complexities in international transport law under Turkish law, focusing on international conventions and local regulations.

Legal Framework Governing International Transport in Turkey

Turkey is a party to several international conventions, each governing a specific mode of transportation. These conventions, along with Turkish national laws, outline the liability regime and jurisdictional rules.

1. Road Transport: The CMR Convention
   • Turkey is a signatory to the Convention on the Contract for the International Carriage of Goods by Road (CMR). The convention regulates liability for road transport, stipulating that carriers are liable for loss, damage, and delay unless they can prove circumstances beyond their control.
   • Jurisdiction: The CMR allows claimants to bring disputes before courts in the country where the carrier has its principal place of business or where the goods were received or delivered.
2. Maritime Transport: Hague-Visby Rules and Rotterdam Rules
   • Turkey has adopted the Hague-Visby Rules, which govern carrier liability in international maritime shipments. The rules set limits on liability and define the obligations of the shipper and carrier.
   • Although Turkey has not yet ratified the Rotterdam Rules, maritime disputes must also align with Turkish Commercial Code (Law No. 6102), which governs local maritime trade and jurisdictional matters.
3. Air Transport: The Montreal Convention
   • Air carriage in Turkey is regulated by the Montreal Convention, which establishes the liability of air carriers for passenger injuries, baggage loss, and delays. The convention provides for multiple jurisdictions, including the carrier’s place of business or the passenger’s destination.
4. Rail Transport: CIM Convention
   • The CIM Convention governs rail transport in Europe, including Turkey. It outlines liability rules for loss or damage and determines the applicable jurisdiction.

Liability Challenges in International Transport

1. Multimodal Transport and Overlapping Liabilities
   • Many international shipments involve more than one mode of transport (e.g., sea and road). Turkish courts must determine which convention or legal framework applies to loss or damage occurring at different stages of the transport.
2. Limitation of Liability
   • Most international conventions, including the CMR and Hague-Visby Rules, impose limits on liability based on the weight or value of the goods. However, Turkish courts may reject these limits if gross negligence or willful misconduct by the carrier is proven.
3. Force Majeure and Carrier Exemptions
   • Carriers may invoke force majeure (events beyond their control) to escape liability. Turkish courts carefully evaluate such claims to ensure they align with international conventions and local rules.

Jurisdictional Issues and Forum Shopping

1. Choice of Forum and Parallel Proceedings
   • Disputes in international transport often involve multiple jurisdictions. Turkish courts must determine whether they have jurisdiction under the applicable convention, such as the CMR or the Montreal Convention. Claimants may engage in forum shopping, seeking more favorable courts.
2. Arbitration vs. Litigation
   • While arbitration is commonly used in international trade, disputes related to transport contracts governed by international conventions are typically resolved through litigation. Turkish courts recognize arbitration agreements, but the scope of arbitration may be limited by public policy concerns.
3. Recognition and Enforcement of Foreign Judgments
   • Turkey is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, ensuring that foreign arbitration awards are enforceable in Turkish courts. However, judgments involving transport disputes must also comply with Turkish legal standards.

Practical Solutions and Recommendations

1. Clear Contract Terms
   • Carriers and shippers should ensure that transport contracts explicitly define liability limits, jurisdiction, and the governing law. Including arbitration clauses can help avoid jurisdictional conflicts.
2. Monitoring Legal Changes
   • As international transport law evolves, carriers and shippers operating in Turkey should stay informed about amendments to conventions like the Rotterdam Rules, which may impact future liability and jurisdictional rules.
3. Local Legal Assistance
   • Engaging legal counsel familiar with both Turkish law and international conventions is essential to navigating complex disputes, particularly in multimodal transport cases.

Conclusion

International transport law involves intricate liability and jurisdiction issues that must be carefully managed to minimize legal risks. Turkish courts play a crucial role in interpreting international conventions and resolving disputes. Aligning contracts with international and local regulations, managing liability risks, and ensuring compliance with jurisdictional rules are essential strategies for carriers and shippers engaged in international trade through Turkey.