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Transportation, Logistics and the Law II

LAW II
Air, Ocean, Multimodal, Intermediaries and International


Objectives:

  1. To explain the laws and government regulations remaining after deregulation of the airline and ocean shipping industries, as well as intermediaries between carriers.
  2. To describe how government regulation of the air and ocean shipping industries affect shippers and receivers of goods shipped via those modes of carriage, including multimodal movements.
  3. To prepare all parties to transportation arrangements for the inevitable breakdowns, accidents and service failures that occur in the distribution system.
  4. To develop suggestions on how transit losses and disputes between parties to transportation arrangements can be prevented or diminished.
  5. To explain the rights and obligations of shippers, receivers, carriers, intermediaries and insurers of goods.
  6. To state the differences between carriers and intermediaries, such as truck brokers, freight forwarders, customs brokers, and intermodal companies.
  7. To explain the terms of sale used in domestic and global commerce.
  8. To summarize the international treaties and liability regimes governing international cargo movements, as well as current proposals to modernize those regimes.
  9. To describe the controversy concerning cross-border trucking between the U.S., Mexico and Canada pursuant to NAFTA.

Learning Outcome:

Students will be prepared for employment in transportation or logistics positions requiring a working knowledge of the airline or ocean shipping industries, including the use of intermediaries between shippers and carriers. Students will also understand the terms of sale used in both domestic and global commerce, the differences between domestic and international transportation, international treaties governing the liability of international carriers, and current proposals to modernize those liability regimes.

Instruction:

Major topics covered in this course are the U.S. Statutes and Regulations governing the movement of goods to, from and within the U.S. and its Territories and Possessions, including the most recent changes to Laws impacting Transportation and Logistics. Particular focus is provided for Transportation modes such as Air, Ocean, International, Multi-modal, and Intermediaries and how the laws affect these modes relative to contracts, bills-of-lading, claims, liability, and jurisdictional authority.

TOPICS: HOURS
1. The U.S. Statutes and Regulations governing airlines (both domestic and international) operating to, from and within the U.S. 15
2. The U.S. Statutes and Regulations governing the movement of cargo by ocean liners to and from U.S. ports. 15
3. The legislative history of international cargo liability treaties and laws. 10
4. Definitions of air and ocean carriers, multimodal operators, and intermediaries between shippers and those carriers, including Third Party Logistics Providers. 15
5. Case law concerning these modes of carriage. 10
6. Multimodal vs through bills of lading. 15
7. Liability for the payment of freight charges in these industries. 10
8. The use of tariffs and contracts in these industries. 10
9. The relatively recent introduction of Special Drawing Rights (SDR's) as a uniform monetary standard in all international treaties. 10
10. The use of Incoterms as a uniform standard for terms of sale in international commerce. 15
11. Case Studies 15
12. Final Exam 15
Total Hours 155

Textbook:

Transportation, Logistics and the Law, William J. Augello, Esq., Copyright 2001. ISBN: 971523207