Environmental Liabilities in Ports and Costal Areas
This title, recently published by the Institute of Maritime and Commercial Law, Åbo Academy University, focuses on the liabilities of public authorities and other actors. Erik Røsæg and Ellen Eftestøl-Wilhelmsson from the Scandinavian Institute of Maritime Law in Oslo have contributed.
Photo from the frontpage of the book.
Minimizing Energy Consumption in Logistics Chains – in Particular a Green Analysis of Port Operators’ Responsibilities
By Erik Røsæg, Professor, Scandinavian Institute of Maritime Law, University of Oslo.
Erik Røsæg’s contribution concerns reduction of energy consumption in logistics chains, for example when new cars are to be distributed from a car factory to dealers by several different modes of transport. Lower energy consumption typically means lower CO2 emissions, and is for this and other reasons environmentally better.
The issue is whether it is the contracts and other rules that hinder the parties in reducing energy consumption as much as possible. Several different transport chains are scrutinized, and it appears that, yes – it may very well be that the contracts are the cause of the wasting of energy. The paper demonstrates how one can deal with this problem. If one still does not opt for the environmentally better alternative, it is the determination, and not the legal framework that is to blame!
European Sustainable Freight - The Role of Contract Law
By Ellen Eftestøl-Wilhelmsson, Dr. Senior Researcher, Institute of International Economic Law, University of Helsinki and Scandinavian Institute of Maritime Law, University of Oslo.
Sustainability is a core issue in the rapidly developing European Transport Policy. Increased use of multimodal or intermodal transport is an important aspect of this policy. Ellen Eftestøl-Wilhelmsson discusses the role of contract law in this context.
One question is how contract law could be used as a means promoting the use of environmentally friendly multimodal transport. Providing the industry with a predictable and transparent liability regime has been identified as one option.
Another question discussed is how environmental issues can be integrated in the obligations of the planners and providers of a multimodal carriage of cargo, such as the freight forwarders and the multimodal carriers. The task is difficult due to the “nature” of contract law as self-implementing and not controlled by authorities. The author argues that the environmental issues are so important that it nevertheless will force its way into contract law.