Introduction
International logistics is one of the most critical elements of global trade. However, cross-border transportation is not only an operational process but also a multi-layered activity subject to both national and international legal rules. Every stage of the logistics process is directly related to customs regulations, carriage contracts, international conventions, and local laws.
1. Legal Basis in International Logistics
International logistics activities are regulated by different international agreements and conventions depending on the mode of transport:
- Road Transport → CMR Convention (Convention on the Contract for the International Carriage of Goods by Road)
- Air Transport → Montreal Convention (1999) and Warsaw Convention (1929)
- Maritime Transport → Hague-Visby Rules, Hamburg Rules
- Rail Transport → COTIF Convention
These conventions determine carrier liability limits, methods for calculating compensation, time limits for filing claims, and insurance obligations.
2. Parties and Contractual Relationships
The most common types of contracts in international logistics include:
- Carriage Contract → Regulates the obligations between the shipper and the carrier.
- Storage Contract → Defines the obligations for temporary storage in logistics operations.
- Multimodal Transport Contracts → Used when multiple modes of transport are integrated.
Parties:
- Shipper: Responsible for accurate declaration, packaging, and preparing the necessary documents.
- Carrier: Obliged to deliver the goods safely and on time.
- Consignee: Responsible for inspection, signing upon delivery, and damage reporting.
3. Delivery Terms and Risk Management
Incoterms 2020 rules define the point at which risk and costs are transferred:
- FOB: Risk passes to the buyer when the goods are loaded onto the vessel.
- DDP: All costs and risks are borne by the seller, with delivery in the buyer’s country.
4. Customs Compliance
Customs regulations are of critical importance in international logistics:
- Required documents (invoice, certificate of origin, packing list) must be complete for imports and exports.
- Incorrect declarations may result in customs penalties and delays.
- Special regulations, such as ADR or IMO, must be followed for dangerous goods.
5. Insurance and Liability Limitations
- Cargo Insurance: Minimizes the risks of damage, loss, and delay.
- Under conventions, carrier liability is generally limited by SDR (Special Drawing Rights).
- In maritime transport, Institute Cargo Clauses are widely used.
6. Dispute Resolution
Specifying the competent court or arbitration venue in logistics contracts speeds up dispute resolution.
- Arbitration: Offers confidentiality and speed in international trade.
- Convention provisions: For example, the CMR limits the jurisdictions where lawsuits can be filed.
7. Legal Recommendations for Companies
- Draft logistics contracts in compliance with international transport conventions.
- Choose the appropriate Incoterms after a risk analysis.
- Collect complete evidence in case of damage or loss.
- Optimize your insurance coverage according to your logistics activities.
Conclusion
International logistics is not just a transport operation; it is also a complex legal process. Proper contract management, compliance with international regulations, and effective risk management will enhance both your commercial and legal security.
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