Droit du transport intermodal international de marchandises : une perspective « supply chain management »

This thesis aims to introduce a global perspective in the legal analysis of international intermodal transport. The global perspective is based on logistics strategy of the corporation. The traditional legal approach is considered inappropriate, due to the operational and organisational evolution of the transport industry, which leads to the legal uncertainty.  Carriers have to adjust their offers to their customers’ requirements of flow optimization in the supply chain management (SCM). This concept changed the methods of production and distribution of the companies who seek competitive advantage in the global market. The SCM concept was introduced because of globalisation and information technologies’ advances. Globalisation and flow optimization increase competition forcing corporations to adopt new strategies to enter and to stay in the market. Theses strategies involve cross-functional and cross-organisational integration that forms a global supply chain, in which intermodal transport has a key role. It builds links and coordinates production and distribution networks of the firms by providing efficient movements between several points of origin and destination with value-added services. Finally, it increases shippers’ competitiveness through space and time management at a lower cost.  Thus, carriers have, on one hand, to integrate transport operations in order to optimize movements and, on the other hand, to be integrated in the supply chain of the shipper by providing value-added services that strengthen competitiveness of the value chain. Consequently, intermodal transport chain is technically and economically unified whereas legally it is fragmented.  International Conventions regulate each mode of transport separately without taking into account possible interaction between them or between transport operators. As a result, intermodal transport is considered as a juxtaposition of modes and liability regimes. This contrasts with the intermodal chain conceived as a system in which the whole (i.e. the chain) is greater than the sum of its parts (i.e. the modes).  The extent of legal uncertainty related to the scope of operations covered by the international conventions is first exposed. Particular attention is paid to diverging interpretations which affect the international unification of transport law. We then focus on the interactions between transport and supply chain by setting out production and distribution methods of shippers, because intermodal chain is closely related to customer’s logistics strategy. From this global system, we identify basic features of intermodal transport.  The thesis results in a qualification of intermodal transport which could clear confusion leading to diverging interpretations and legal uncertainty. In addition, it emphasizes the economic unity of an intermodal transport contract which should be the starting point of a liability regime dedicated to this integrated transport system. In short, it proposes a new approach to the legal issues raised by the intermodal transport.

Keyphrases: Supply chain management, International intermodal transport, Carriage contracts, Liability, Supply chain management, Value chain, Flows, Value-added services, Integration, Strategic logistics, Competitive advantage