The law governing the transportation of goods by land : a comparative perspective

Abstract

The international carriage of goods is a crucial part of today's cosmopolitan world. This paper aims to explain the approach taken by the Maltese Courts in interpreting the CMR Convention, which is today part of the Maltese legal system under Chapter 486 of the Laws of Malta. The main focus of this study is on the scope and application of the Convention, its liability regime and the compensation that can be granted under this legal instrument. One of the main conclusions reached from this study is that while the Court appears to have taken a middle position between the Continental and Common law schools of thought, it also has referred to National law in its interpretation of the Convention. This can be observed from the Courts reference to the rights and duties of the depositor under section 1628 of the Civil Code, Chapter 16 of the Laws of Malta. It will be observed that overall the interpretation made by the Maltese Courts concerning the International legal instrument subject to this study seems to be consistent with the analysis made by other foreign courts. This is mainly achieved through the Maltese Court's continuous reference to reputable authors and international jurisprudence on the matters treated by the CMR Convention.