1. THE ROLE OF TRANSPORT IN INTERNATIONAL TRADE Lecture 1 – introduction to mtl 1 MARCH 2018
doc.dr.sc. IVA SAVIĆ
Department for Maritime and Transport Law

2. COURSE overview
(Introduction )
AIR LAW 1 Introduction to International Air Law ; International and EU air law
AIR LAW 2 Liability of air carrier
ROAD 1 Road transport of goods and passengers - liability of road carrier (CMR+ CVR)
RAILWAY 1 Railway transport of goods and passengers (COTIF)
MARITIME 1 The Concept of Vessel in Maritime Law ; Shipowner, operator, ship manager, shipping agent, stevedore
MARITIME 2 Mortgage and Liens I – ship financing, single ship companies; Mortgage and Liens II – rights and obligations
MARITIME 3 Contracts of Affreightment – types, rights and obligations
MARITIME 4 Charterparties – Voyage and Time Charterparty, rights and obligations
MARITIME 5 Bills of Lading I: functions, applicable rules: Hague-Visby, Hamburg, Rotterdam rules; Bills of Lading II: B/L issued under Charterparties

3. COURSE overview - cont.’d
MARITIME 6 Bills of Lading III: Carrier’s liability for damages and delay, limitation of liability right
MARITIME 7 Direct and multimodal transport
MARITIME 8 Contract of Carriage of Passengers and Luggage by Sea I ; Contract of Carriage of Passengers by Sea II: duties and obligations, Breach of contract and contractual liability for damages
MARITIME 9 Carriage of Passengers by Sea III: Passengers’ rights under the EU law
INL. W 1 Inland Waterway Navigation and Carriage
MARITIME 10 General Average
MARITIME 11 Ship Collision
MARITIME 12 Salvage at Sea
MARITIME 13 Non-Contractual Liability of Shipowner and Ship Operator ; Marine Pollution – CLC, Bunker, HNS
MARITIME 14 Marine Pollution II - Wreck Removal
MARITIME 15 Marine Insurance – Contract; Institute Cargo Clauses; Institute Hull Clauses; P&I Clubs
MARITIME 16 Maritime Demesne

5. introduction International trade > transit of goods
Different modes of transport: sea (water) – land (road, rail) – air
Multimodal transport
SALES
TRANSPORT
INSURANCE

6. INTERNATIONAL SALE OF GOODS
Domestic v. international sales
*distance
*transport
*taking delivery of goods
*payment
Bill of lading/ Air waybill
*financing international sale – documentary credits

7. sALES CONTRACT – PARTIES’ OBLIGATIONS
SELLER:
Delivers goods
Hands in documentation
Transfers property to buyer
BUYER:
Pays the price
Takes delivery of the goods
DELIVERY OF GOODS
RISK TRANSFER
FULFILMENT OF SELLER’S OBLIGATION
* WHERE and WHEN is this obligation fulfilled in int.’l sales???

8. CISG
United Nations Convention on Contracts for the International Sale of Goods, 1980 – IF applied
Contract freedom
INCOTERMS = international sales terms
> minimising the risk of the conflict between parties
> easing interpretation of the agreement
> offering legal certainty to parties

9. INCOTERMS author: International Chamber of Commerce (ICC)
11 clauses – waterborne / used in all transport modes
1936 – 2010 edition
“critical point” of each clause = the moment of transfering the risk from the seller to buyer > e.g. alongside ship; on board etc.

10. SUITABLE for maritime transport ONLY - waterborne
FAS - Free Alongside Ship (named loading port)
FOB - Free On Board (named loading port)
CFR - Cost and Freight (named destination port)
CIF - Cost, Insurance, Freight (named destination port)

11. SUITABLE FOR ALL TRANSPPORT MODES
EXW - Ex Works
FCA – Free Carrier (named place of delivery)
CPT – Carriage Paid To (named place of destination)
CIP – Carriage and Insurance Paid to (named place of destination)
DAT – Delivered at Terminal (named terminal at port or place of destination)
DAP – Delivered at Place (named place of destination)
DDP – Delivered Duty Paid (named place of destination)

13. transport insurance
Marine Insurance – follows growth of cargo shipping and technological development of maritime transport
insuring a variety of material interest involved in transport chain
marine insurance – special legal regime, specific institutes