Izvorni znanstveni članak
EDI-CMR PROTOCOL 2008 : A step in the right direction
Nikoleta Radionov
orcid.org/0000-0003-0556-4879
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Martina Mišković Aguilar
; Odvjetničko društvo Markač-Greif & partneri j.t.d., Zagreb, Hrvatska
Sažetak
The EDI-CMR Protocol of 2008 entered into force in 2011. So far 9 states have become
parties to it, Croatia not being among them. Compared to 55 states parties to the original
document, the CMR Convention of 1956, this is certainly a modest number. The reason
for such reluctance in accepting this new and modern international instrument is
certainly not to be found in its content. The EDI-CMR Protocol of 2008 relies on two
major principles: technological neutrality that ascertains that legal rules apply equally,
notwithstanding the technology used; and functional equality, whereby transport documents
issued on paper and in the electronic mode have the same legal treatment. The
EDI-CMR Protocol of 2008 does not impose any obligation with respect to the use of
electronic consignment note. Quite to the contrary, it only gives the basic legal framework
for the use of such a document, in case parties to the contract of carriage wish to use
such technology, avoiding therefore the possibilities of divergent legal regimes and solutions
in diff erent countries. The basic practical prerequisite for the use of the electronic
consignment note is the same technological platform used by the parties to the contract
of carriage of goods, which is basically reserved for large companies with steady business
relationship. Countries ratifying the EDI-CMR Protocol of 2008 will, therefore, not impose
any new obligation on their road freight carriers; they will only give a new incentive
and legal certainty to the best among them that are able to compete more safely on a new
level of e-commerce and e-transport either within the single market, or internationally.
It is hence largely advisable for Croatia to ratify this new and modern instrument in the
fi eld of international road transport law.
Ključne riječi
CMR Convention; EDI-CMR Protocol; electronic signature; electronic consignment note; contract of carriage of goods by road
Hrčak ID:
166986
URI
Datum izdavanja:
27.7.2016.
Posjeta: 1.415 *