"Regional harmonization of transport law: EU law and policy" [2019] ELECD 1052; in Bokareva, Olena (ed), "Uniformity of Transport Law through International Regimes" (Edward Elgar Publishing, 2019) 235

Book Title: Uniformity of Transport Law through International Regimes

Editor(s): Bokareva, Olena

Publisher: Edward Elgar Publishing

Section: Chapter 7

Section Title: Regional harmonization of transport law: EU law and policy

Number of pages: 64

Abstract/Description:

This chapter focuses on regional harmonization in transport law in the context of the EU. The roles of the EU and the CJEU in lawmaking and jurisprudence in the field of international transport will be examined; the discussion includes some conspicuous examples with regard to the Montreal Convention, and how it was perceived and shaped by the CJEU. As a part of this discussion, Regulation (EC) No 261/2004 related to carriage of passengers by air is provided as the only real illustration so far of how an international transport convention is applied and interpreted within the EU legal framework. Furthermore, an analogy can be made between the Montreal Convention in the EU context and the potential relationship between the Rotterdam Rules and any future EU legal instrument pertaining to sea and multimodal transport.