article

Evolution of the market and impact on international transport law

Liberalisation, digitalisation, multimodality, new business models – the railway landscape is changing; but international rail transport law currently lags behind these developments and the ever-greater gap between law and business reality is creating disruptive legal uncertainty. Cesare Brand, Secretary General of the International Rail Transport Committee (CIT), explains more.

law

In Europe, freight market liberalisation began in 1991 with Directive 91/440, but railways mostly continued to use their ‘tried-and-tested’ cooperative model until the turn of the millennium. Competition has come to dominate the freight sector in the last 15 years (apart from in wagonload, where cooperation remains standard because the system will not work otherwise). Likewise, over 90 per cent of international passenger journeys take place under cooperation agreements, and liberalisation began in 2010.

The impact of liberalisation and digitalisation

The law governing the international carriage of passengers and freight by rail dates from the 1990s (COTIF 99). As the law of private contract, it governs the relationship between customers and railway undertakings. Though COTIF 99 was intended to enable implementation of liberalisation via the legal system, its solutions were heavily influenced by the market context at the time, in which railways cooperated. Meanwhile, market liberalisation with open access and the separation of infrastructure and operations has increased the number of actors and business models, with many railway undertakings, infrastructure managers, service providers, wagon keepers, and sales and logistics firms present on the market, often with diverging interests. What railways previously offered from a one-stop-shop, i.e., the ‘rail system’, no longer exists as such.

The rest of this article is restricted - login or subscribe free to access

Global Railway Review issue 6 2018 coverThank you for visiting our website. To access this content in full you'll need to login. It's completely free to subscribe, and in less than a minute you can continue reading. If you've already subscribed, great - just login.

Why subscribe? Join our growing community of thousands of industry professionals and gain access to:

  • bi-monthly issues in print and/or digital format
  • case studies, whitepapers, webinars and industry-leading content
  • breaking news and features
  • our extensive online archive of thousands of articles and years of past issues
  • ...And it's all free!

Click here to Subscribe today Login here

 

Send this to a friend