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Konstantin Glukhenkiy
Many Legal Instruments
ONE Legal Instrument
ONE liability system
ONE consignment
note
United Nations Convention on the Contract for the International Carriage of Goods by Road (CMR) of 1956
ROAD
Hague-Visby and Hamburg Rules
Chicago Convention and other treaties (Warsaw MontrealConventions)
Budapest Convention on the Contract forthe Carriage of Goods by Inland Waterways (CMNI) of 2001
bull COTIF Conventionbull SMGS Agreementbull Many other regional and
National agreements
MARITIME
AIR
INLAND WATER
TRANSPORT
RAIL
The Global Rail Network
Other National or Regional Rail Legal Regimes
Source of extra costs
Source of extra time
Source of corruption
Obstacle to railways development
The lack of a Unified Railway Law is
bull 1 extra employee for translation
bull 1 extra employee for inspection
bull Office amp administration costs
bull ~$10 per consignment note (sometimes 1 container more than 1 CN)
bull ~ 20 min per CN bull 1 block train with 45
containers has extra cost of ~ $ 1100 and ~ 18 hours delay
bull Needless to mention mistakes inspections at next borders etc
COTIF Convention
SMGS AgreementReconsignement Point
Source CIT
bull Developed by OSJD OTIF and CITbull Based on the United Nations
Layout Key for Trade Documentsbull Sum of the CIM and SMGS
consignment notesbull Recognized as a customs transit
document and bank document bull Going electronic
bull Private (contractual) law arrangements bull Bridge the practical differences between CIM and SMGS bull Does not change the liabilities under two contracts of carriagebull Do not modify the underlying mandatory legal provisions of
national law and international public law such as COTIF or SMGS
bull A very useful first step towards harmonization
COTIFCIM
1 contract of carriage (CIM)1 consignment note (CIM)
1 liability system (CIM)
SMGS
1 contract of carriage (SMGS)1 consigment note (SMGS)1 liability system (SMGS)
Euro-Asian rail transport regime(bdquoGeneva Rulesldquo)
1 contract of carriage1 consignment note
(CIMSMGS)1 liability regime
Short-term optionalmodel rules
(GTC EurAsia)
Reconsignement2 contracts of carraige (CIM+SMGS)2 consignment notes (CIM+SMGS)
2 liability systems
bull Governments (UN member States in particular OSJD and OTIF members)
bull UNECE and UNESCAPbull Organization for Cooperation between Railways
(OSJD)bull Intergovernmental Organization for International
Carriage by Rail (OTIF) bull International Rail Transport Committee (CIT)bull Railway undertakings bull Work under the UNECE Working Party of Rail
Transport (SC2) and its groups of experts
bull Joint Ministerial Declaration in 2013 on the promotion of Euro-Asian rail transport and activities towards Unified Railway Law (signed by the Ministers of Transport of 38 eight countries)
bull Resolution of the Inland Transport Committee (ITC) in 2016bull Legal provisions for the contract of carriage prepared and
agreed bull Text in three UNECE official languages optimized bull A consignment note prepared in order to perform real pilot
tests bull Virtual pilot tests performed along several corridors
bull Include all other provisions needed to become an international treaty bull depository bull administrative committee bull procedure for amendmentsbull voting rights bull regional economic integration organizations etc
bull Consider different options for the management and the secretariat of this new international treaty
bull Finalize the necessary documents to perform international rail transport including the consignment note of the new Convention and its manual
bull Extend the scope to include common provisions on related issuesbull Dangerous goodsbull Use of freight wagonsbull Rail infrastructurebull Rolling stock
Many Legal Instruments
ONE Legal Instrument
ONE liability system
ONE consignment
note
United Nations Convention on the Contract for the International Carriage of Goods by Road (CMR) of 1956
ROAD
Hague-Visby and Hamburg Rules
Chicago Convention and other treaties (Warsaw MontrealConventions)
Budapest Convention on the Contract forthe Carriage of Goods by Inland Waterways (CMNI) of 2001
bull COTIF Conventionbull SMGS Agreementbull Many other regional and
National agreements
MARITIME
AIR
INLAND WATER
TRANSPORT
RAIL
The Global Rail Network
Other National or Regional Rail Legal Regimes
Source of extra costs
Source of extra time
Source of corruption
Obstacle to railways development
The lack of a Unified Railway Law is
bull 1 extra employee for translation
bull 1 extra employee for inspection
bull Office amp administration costs
bull ~$10 per consignment note (sometimes 1 container more than 1 CN)
bull ~ 20 min per CN bull 1 block train with 45
containers has extra cost of ~ $ 1100 and ~ 18 hours delay
bull Needless to mention mistakes inspections at next borders etc
COTIF Convention
SMGS AgreementReconsignement Point
Source CIT
bull Developed by OSJD OTIF and CITbull Based on the United Nations
Layout Key for Trade Documentsbull Sum of the CIM and SMGS
consignment notesbull Recognized as a customs transit
document and bank document bull Going electronic
bull Private (contractual) law arrangements bull Bridge the practical differences between CIM and SMGS bull Does not change the liabilities under two contracts of carriagebull Do not modify the underlying mandatory legal provisions of
national law and international public law such as COTIF or SMGS
bull A very useful first step towards harmonization
COTIFCIM
1 contract of carriage (CIM)1 consignment note (CIM)
1 liability system (CIM)
SMGS
1 contract of carriage (SMGS)1 consigment note (SMGS)1 liability system (SMGS)
Euro-Asian rail transport regime(bdquoGeneva Rulesldquo)
1 contract of carriage1 consignment note
(CIMSMGS)1 liability regime
Short-term optionalmodel rules
(GTC EurAsia)
Reconsignement2 contracts of carraige (CIM+SMGS)2 consignment notes (CIM+SMGS)
2 liability systems
bull Governments (UN member States in particular OSJD and OTIF members)
bull UNECE and UNESCAPbull Organization for Cooperation between Railways
(OSJD)bull Intergovernmental Organization for International
Carriage by Rail (OTIF) bull International Rail Transport Committee (CIT)bull Railway undertakings bull Work under the UNECE Working Party of Rail
Transport (SC2) and its groups of experts
bull Joint Ministerial Declaration in 2013 on the promotion of Euro-Asian rail transport and activities towards Unified Railway Law (signed by the Ministers of Transport of 38 eight countries)
bull Resolution of the Inland Transport Committee (ITC) in 2016bull Legal provisions for the contract of carriage prepared and
agreed bull Text in three UNECE official languages optimized bull A consignment note prepared in order to perform real pilot
tests bull Virtual pilot tests performed along several corridors
bull Include all other provisions needed to become an international treaty bull depository bull administrative committee bull procedure for amendmentsbull voting rights bull regional economic integration organizations etc
bull Consider different options for the management and the secretariat of this new international treaty
bull Finalize the necessary documents to perform international rail transport including the consignment note of the new Convention and its manual
bull Extend the scope to include common provisions on related issuesbull Dangerous goodsbull Use of freight wagonsbull Rail infrastructurebull Rolling stock
The Global Rail Network
Other National or Regional Rail Legal Regimes
Source of extra costs
Source of extra time
Source of corruption
Obstacle to railways development
The lack of a Unified Railway Law is
bull 1 extra employee for translation
bull 1 extra employee for inspection
bull Office amp administration costs
bull ~$10 per consignment note (sometimes 1 container more than 1 CN)
bull ~ 20 min per CN bull 1 block train with 45
containers has extra cost of ~ $ 1100 and ~ 18 hours delay
bull Needless to mention mistakes inspections at next borders etc
COTIF Convention
SMGS AgreementReconsignement Point
Source CIT
bull Developed by OSJD OTIF and CITbull Based on the United Nations
Layout Key for Trade Documentsbull Sum of the CIM and SMGS
consignment notesbull Recognized as a customs transit
document and bank document bull Going electronic
bull Private (contractual) law arrangements bull Bridge the practical differences between CIM and SMGS bull Does not change the liabilities under two contracts of carriagebull Do not modify the underlying mandatory legal provisions of
national law and international public law such as COTIF or SMGS
bull A very useful first step towards harmonization
COTIFCIM
1 contract of carriage (CIM)1 consignment note (CIM)
1 liability system (CIM)
SMGS
1 contract of carriage (SMGS)1 consigment note (SMGS)1 liability system (SMGS)
Euro-Asian rail transport regime(bdquoGeneva Rulesldquo)
1 contract of carriage1 consignment note
(CIMSMGS)1 liability regime
Short-term optionalmodel rules
(GTC EurAsia)
Reconsignement2 contracts of carraige (CIM+SMGS)2 consignment notes (CIM+SMGS)
2 liability systems
bull Governments (UN member States in particular OSJD and OTIF members)
bull UNECE and UNESCAPbull Organization for Cooperation between Railways
(OSJD)bull Intergovernmental Organization for International
Carriage by Rail (OTIF) bull International Rail Transport Committee (CIT)bull Railway undertakings bull Work under the UNECE Working Party of Rail
Transport (SC2) and its groups of experts
bull Joint Ministerial Declaration in 2013 on the promotion of Euro-Asian rail transport and activities towards Unified Railway Law (signed by the Ministers of Transport of 38 eight countries)
bull Resolution of the Inland Transport Committee (ITC) in 2016bull Legal provisions for the contract of carriage prepared and
agreed bull Text in three UNECE official languages optimized bull A consignment note prepared in order to perform real pilot
tests bull Virtual pilot tests performed along several corridors
bull Include all other provisions needed to become an international treaty bull depository bull administrative committee bull procedure for amendmentsbull voting rights bull regional economic integration organizations etc
bull Consider different options for the management and the secretariat of this new international treaty
bull Finalize the necessary documents to perform international rail transport including the consignment note of the new Convention and its manual
bull Extend the scope to include common provisions on related issuesbull Dangerous goodsbull Use of freight wagonsbull Rail infrastructurebull Rolling stock
Source CIT
bull Developed by OSJD OTIF and CITbull Based on the United Nations
Layout Key for Trade Documentsbull Sum of the CIM and SMGS
consignment notesbull Recognized as a customs transit
document and bank document bull Going electronic
bull Private (contractual) law arrangements bull Bridge the practical differences between CIM and SMGS bull Does not change the liabilities under two contracts of carriagebull Do not modify the underlying mandatory legal provisions of
national law and international public law such as COTIF or SMGS
bull A very useful first step towards harmonization
COTIFCIM
1 contract of carriage (CIM)1 consignment note (CIM)
1 liability system (CIM)
SMGS
1 contract of carriage (SMGS)1 consigment note (SMGS)1 liability system (SMGS)
Euro-Asian rail transport regime(bdquoGeneva Rulesldquo)
1 contract of carriage1 consignment note
(CIMSMGS)1 liability regime
Short-term optionalmodel rules
(GTC EurAsia)
Reconsignement2 contracts of carraige (CIM+SMGS)2 consignment notes (CIM+SMGS)
2 liability systems
bull Governments (UN member States in particular OSJD and OTIF members)
bull UNECE and UNESCAPbull Organization for Cooperation between Railways
(OSJD)bull Intergovernmental Organization for International
Carriage by Rail (OTIF) bull International Rail Transport Committee (CIT)bull Railway undertakings bull Work under the UNECE Working Party of Rail
Transport (SC2) and its groups of experts
bull Joint Ministerial Declaration in 2013 on the promotion of Euro-Asian rail transport and activities towards Unified Railway Law (signed by the Ministers of Transport of 38 eight countries)
bull Resolution of the Inland Transport Committee (ITC) in 2016bull Legal provisions for the contract of carriage prepared and
agreed bull Text in three UNECE official languages optimized bull A consignment note prepared in order to perform real pilot
tests bull Virtual pilot tests performed along several corridors
bull Include all other provisions needed to become an international treaty bull depository bull administrative committee bull procedure for amendmentsbull voting rights bull regional economic integration organizations etc
bull Consider different options for the management and the secretariat of this new international treaty
bull Finalize the necessary documents to perform international rail transport including the consignment note of the new Convention and its manual
bull Extend the scope to include common provisions on related issuesbull Dangerous goodsbull Use of freight wagonsbull Rail infrastructurebull Rolling stock
bull Developed by OSJD OTIF and CITbull Based on the United Nations
Layout Key for Trade Documentsbull Sum of the CIM and SMGS
consignment notesbull Recognized as a customs transit
document and bank document bull Going electronic
bull Private (contractual) law arrangements bull Bridge the practical differences between CIM and SMGS bull Does not change the liabilities under two contracts of carriagebull Do not modify the underlying mandatory legal provisions of
national law and international public law such as COTIF or SMGS
bull A very useful first step towards harmonization
COTIFCIM
1 contract of carriage (CIM)1 consignment note (CIM)
1 liability system (CIM)
SMGS
1 contract of carriage (SMGS)1 consigment note (SMGS)1 liability system (SMGS)
Euro-Asian rail transport regime(bdquoGeneva Rulesldquo)
1 contract of carriage1 consignment note
(CIMSMGS)1 liability regime
Short-term optionalmodel rules
(GTC EurAsia)
Reconsignement2 contracts of carraige (CIM+SMGS)2 consignment notes (CIM+SMGS)
2 liability systems
bull Governments (UN member States in particular OSJD and OTIF members)
bull UNECE and UNESCAPbull Organization for Cooperation between Railways
(OSJD)bull Intergovernmental Organization for International
Carriage by Rail (OTIF) bull International Rail Transport Committee (CIT)bull Railway undertakings bull Work under the UNECE Working Party of Rail
Transport (SC2) and its groups of experts
bull Joint Ministerial Declaration in 2013 on the promotion of Euro-Asian rail transport and activities towards Unified Railway Law (signed by the Ministers of Transport of 38 eight countries)
bull Resolution of the Inland Transport Committee (ITC) in 2016bull Legal provisions for the contract of carriage prepared and
agreed bull Text in three UNECE official languages optimized bull A consignment note prepared in order to perform real pilot
tests bull Virtual pilot tests performed along several corridors
bull Include all other provisions needed to become an international treaty bull depository bull administrative committee bull procedure for amendmentsbull voting rights bull regional economic integration organizations etc
bull Consider different options for the management and the secretariat of this new international treaty
bull Finalize the necessary documents to perform international rail transport including the consignment note of the new Convention and its manual
bull Extend the scope to include common provisions on related issuesbull Dangerous goodsbull Use of freight wagonsbull Rail infrastructurebull Rolling stock
bull Private (contractual) law arrangements bull Bridge the practical differences between CIM and SMGS bull Does not change the liabilities under two contracts of carriagebull Do not modify the underlying mandatory legal provisions of
national law and international public law such as COTIF or SMGS
bull A very useful first step towards harmonization
COTIFCIM
1 contract of carriage (CIM)1 consignment note (CIM)
1 liability system (CIM)
SMGS
1 contract of carriage (SMGS)1 consigment note (SMGS)1 liability system (SMGS)
Euro-Asian rail transport regime(bdquoGeneva Rulesldquo)
1 contract of carriage1 consignment note
(CIMSMGS)1 liability regime
Short-term optionalmodel rules
(GTC EurAsia)
Reconsignement2 contracts of carraige (CIM+SMGS)2 consignment notes (CIM+SMGS)
2 liability systems
bull Governments (UN member States in particular OSJD and OTIF members)
bull UNECE and UNESCAPbull Organization for Cooperation between Railways
(OSJD)bull Intergovernmental Organization for International
Carriage by Rail (OTIF) bull International Rail Transport Committee (CIT)bull Railway undertakings bull Work under the UNECE Working Party of Rail
Transport (SC2) and its groups of experts
bull Joint Ministerial Declaration in 2013 on the promotion of Euro-Asian rail transport and activities towards Unified Railway Law (signed by the Ministers of Transport of 38 eight countries)
bull Resolution of the Inland Transport Committee (ITC) in 2016bull Legal provisions for the contract of carriage prepared and
agreed bull Text in three UNECE official languages optimized bull A consignment note prepared in order to perform real pilot
tests bull Virtual pilot tests performed along several corridors
bull Include all other provisions needed to become an international treaty bull depository bull administrative committee bull procedure for amendmentsbull voting rights bull regional economic integration organizations etc
bull Consider different options for the management and the secretariat of this new international treaty
bull Finalize the necessary documents to perform international rail transport including the consignment note of the new Convention and its manual
bull Extend the scope to include common provisions on related issuesbull Dangerous goodsbull Use of freight wagonsbull Rail infrastructurebull Rolling stock
COTIFCIM
1 contract of carriage (CIM)1 consignment note (CIM)
1 liability system (CIM)
SMGS
1 contract of carriage (SMGS)1 consigment note (SMGS)1 liability system (SMGS)
Euro-Asian rail transport regime(bdquoGeneva Rulesldquo)
1 contract of carriage1 consignment note
(CIMSMGS)1 liability regime
Short-term optionalmodel rules
(GTC EurAsia)
Reconsignement2 contracts of carraige (CIM+SMGS)2 consignment notes (CIM+SMGS)
2 liability systems
bull Governments (UN member States in particular OSJD and OTIF members)
bull UNECE and UNESCAPbull Organization for Cooperation between Railways
(OSJD)bull Intergovernmental Organization for International
Carriage by Rail (OTIF) bull International Rail Transport Committee (CIT)bull Railway undertakings bull Work under the UNECE Working Party of Rail
Transport (SC2) and its groups of experts
bull Joint Ministerial Declaration in 2013 on the promotion of Euro-Asian rail transport and activities towards Unified Railway Law (signed by the Ministers of Transport of 38 eight countries)
bull Resolution of the Inland Transport Committee (ITC) in 2016bull Legal provisions for the contract of carriage prepared and
agreed bull Text in three UNECE official languages optimized bull A consignment note prepared in order to perform real pilot
tests bull Virtual pilot tests performed along several corridors
bull Include all other provisions needed to become an international treaty bull depository bull administrative committee bull procedure for amendmentsbull voting rights bull regional economic integration organizations etc
bull Consider different options for the management and the secretariat of this new international treaty
bull Finalize the necessary documents to perform international rail transport including the consignment note of the new Convention and its manual
bull Extend the scope to include common provisions on related issuesbull Dangerous goodsbull Use of freight wagonsbull Rail infrastructurebull Rolling stock
bull Governments (UN member States in particular OSJD and OTIF members)
bull UNECE and UNESCAPbull Organization for Cooperation between Railways
(OSJD)bull Intergovernmental Organization for International
Carriage by Rail (OTIF) bull International Rail Transport Committee (CIT)bull Railway undertakings bull Work under the UNECE Working Party of Rail
Transport (SC2) and its groups of experts
bull Joint Ministerial Declaration in 2013 on the promotion of Euro-Asian rail transport and activities towards Unified Railway Law (signed by the Ministers of Transport of 38 eight countries)
bull Resolution of the Inland Transport Committee (ITC) in 2016bull Legal provisions for the contract of carriage prepared and
agreed bull Text in three UNECE official languages optimized bull A consignment note prepared in order to perform real pilot
tests bull Virtual pilot tests performed along several corridors
bull Include all other provisions needed to become an international treaty bull depository bull administrative committee bull procedure for amendmentsbull voting rights bull regional economic integration organizations etc
bull Consider different options for the management and the secretariat of this new international treaty
bull Finalize the necessary documents to perform international rail transport including the consignment note of the new Convention and its manual
bull Extend the scope to include common provisions on related issuesbull Dangerous goodsbull Use of freight wagonsbull Rail infrastructurebull Rolling stock
bull Joint Ministerial Declaration in 2013 on the promotion of Euro-Asian rail transport and activities towards Unified Railway Law (signed by the Ministers of Transport of 38 eight countries)
bull Resolution of the Inland Transport Committee (ITC) in 2016bull Legal provisions for the contract of carriage prepared and
agreed bull Text in three UNECE official languages optimized bull A consignment note prepared in order to perform real pilot
tests bull Virtual pilot tests performed along several corridors
bull Include all other provisions needed to become an international treaty bull depository bull administrative committee bull procedure for amendmentsbull voting rights bull regional economic integration organizations etc
bull Consider different options for the management and the secretariat of this new international treaty
bull Finalize the necessary documents to perform international rail transport including the consignment note of the new Convention and its manual
bull Extend the scope to include common provisions on related issuesbull Dangerous goodsbull Use of freight wagonsbull Rail infrastructurebull Rolling stock
bull Include all other provisions needed to become an international treaty bull depository bull administrative committee bull procedure for amendmentsbull voting rights bull regional economic integration organizations etc
bull Consider different options for the management and the secretariat of this new international treaty
bull Finalize the necessary documents to perform international rail transport including the consignment note of the new Convention and its manual
bull Extend the scope to include common provisions on related issuesbull Dangerous goodsbull Use of freight wagonsbull Rail infrastructurebull Rolling stock
bull Extend the scope to include common provisions on related issuesbull Dangerous goodsbull Use of freight wagonsbull Rail infrastructurebull Rolling stock
