Carriage of dangerous goods and law : the case of Finland Railas, Lauri
Series: DaGoB publication series ; 3:2006Publication details: Åbo Turku School of Economics. DaGoB Project Office, 2006Description: 17 s. + bilISBN:- 951564366X
The carriage of dangerous goods is a heavily regulated field and the legal provisions are subject to regular changes and amendments. There are international conventions and agreements in this field. Some of them apply to international carriage, some to domestic carriage as well. The carriage of dangerous goods has also been the subject of comprehensive EU legislation. A predominant part of the provisions emanates from international treaties or European Union directives, although there exist provisions of a national origin as well in the countries of the Baltic region. This introduction to the subject covers the main provisions relating to the obligations and liabilities of the parties involved in the carriage of dangerous goods. The huge volume of legislation is a result of the legislators´ concern regarding the public safety in connection with the transportation of dangerous goods. In addition to these special provisions, which impose obligations on the parties of a contract of carriage, the carriage of dangerous goods is subject to general legal framework allocating risks and liabilities between the parties. It is the law of the international or domestic sale of goods that determines the parties´ obligations in respect of organising and contributing to the operation of the carriage. The law of international sales means, in particular, the Incoterms1 of the International Chamber of Commerce and the United Nations Convention on Contracts for the International Sale of Goods (CISG). In addition, the law applicable to the relevant mode of transport determines the general obligations and liabilities of the parties in respect of shipments and consignments. The extensive legislation for safety measures and other particular requirements for the carriage of dangerous goods defines the obligations of the parties in greater detail.