Legal issues of dangerous goods transportation under the International Convention on the Contract for the International Carriage of Goods by Road

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Abstract

The aim of this paper is to investigate some of the legal issues related to the International Convention on the Contract for the International Carriage of Goods by Road (CMR). The interest in the research is driven by the recognition that road transport of dangerous goods is a dangerous activity that can lead to serious problems if a vehicle onto which hazardous goods are loaded is involved in an accident. The methodological approach adopted takes into consideration existing legislation and case law. The liability regime set out in the CMR is comprised of complex elements. The cases of liability deriving from breach of the duty of custody, from loss or damage, and from delay in delivering the goods to the consignee by the term specified in the contract, are specifically regulated. The findings show that for the transport of dangerous goods, specific obligations rest upon the sender, which lead to specific liabilities in the case of their infringement. It follows that liability does not lie only with a carrier. As a result, it seems more correct to discuss liability deriving from the transport of dangerous goods rather than carriers’ liability.

Keywords: Transport, CMR, Dangerous Goods, Liability

Authors’ individual contribution: The Author is responsible for all the contributions to the paper according to CRediT (Contributor Roles Taxonomy) standards.

Declaration of conflicting interests: The Author declares that there is no conflict of interest.

JEL Classification: K00, K33

Received: 07.03.2024
Accepted: 17.09.2024
Published online: 20.09.2024

How to cite this paper: D’Alonzo, C. (2024). Legal issues of dangerous goods transportation under the International Convention on the Contract for the International Carriage of Goods by Road. Corporate Law & Governance Review, 6(3), 53–59. https://doi.org/10.22495/clgrv6i3p6