Electronic contracting and documentation in international transport: special mention to the consignment note. An analysis from private international law

Keywords: private international Law, international carriage by road, electronic contracting and documentation, applicable law

Abstract

This study aims to analyses and critically assess the legal and regulatory developments in the field of electronic contracting and documentation in road transport in the EU. In particular, the analysis will focus distortions that could arise related to the insertion in the road transport sector of electronic contracting and documentation, the absence or not of international trade re­gulation on the subject and its impact on the common transport policy in force.

Received: 15 November 2021
Accepted: 03 February 2022

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Author Biographies

José Luis Iriarte Ángel, Universidad Pública de Navarra, Spain

Professor of Private International Law at the Public University of Navarra. Jean Monnet Chair of the EU. Of Counsel at Lupicinio International Law Firm. Among others, he has held the position of Vice-rector at his current University (2003-2007). During his training he has carried out various research stays at prestigious foreign centers (Harvard University, Swiss Institute for Comparative Law in Lausanne, Cambridge University, etc.). He has taught numerous courses and conferences on his specialization, in addition to Spain, at Universities and institutions in Cuba, Chile, Moldova, Colombia, Germany, Poland, Hungary, Japan, Brazil, United States of America, Ecuador, France, Venezuela, Nicaragua, Andorra, Italy, Mexico, Russia, Guatemala, Ukraine and Peru. Throughout his university career he has received various scholarships and grants financed with public and private funds. In this sense, he has participated in numerous research projects (European, national, autonomous and private entities), in several as principal investigator. His research have materialized in several books, including five monographs, as well as numerous commentaries on different legal texts —one of them, a commentary on the Civil Code in which he collaborates with the Magistrates of the 1st Chamber of the Supreme Court, and of which its 2nd edition has already been published—, and several dozen articles. Likewise, he is the scientific editor of four books. He is also the co-author of a compilation of legal texts on Private International Law, which is currently in its 18th edition. At present he works mainly in the field of internal conflicts of Laws, international sanctions, business and human rights and some figures in international contracting. His research activity has been positively evaluated with seven research periods (research and transference) by the national committee for the evaluation of research activities (CNEAI).

Eduardo Andrés Calderón Marenco, Universidad Cooperativa de Colombia, Colombia

Degree in Law from the Central American University (UCA), Master in Law of International Business from the Ibero-American University of Mexico City, Doctor in Law from the Central American University (UCA) and Colombia Externado University through The co-guardianship program. He researcher at the Center for Legal, Policies and Social Research of the Faculty of Law of the Cooperative University of Colombia (CIBAD). Professor and tutor of research works of the Master of Law of the University of Guadalajara. Teacher of the Master’s Degree in International Economic Law at Colombia Externado University. Professor of the Doctorate Program in Law of the American University (Nicaragua). Member of the Editorial Committee of the Vox Juris magazine of the San Martín University of Porres de Perú and the magazine contributions to the law of the University of Flores de Argentina. Junior researcher of the National System of Science, Technology and Innovation-SNCTEI of Colombia. General Coordinator of the Ibero-American Interdisciplinary Network of Researchers and Researchers. Social juridical node. Author of various works (collective books and articles in specialized journals) in the fields of international commercial law.

Jaime Elías Torres Buelvas, Universidad Cooperativa de Colombia, Colombia

Candidate to Doctor in Legal Sciences from Javeriana University. Master in International Trade Law from the International University of La Rioja, Master in Affaires et Commerce Internationaux Avec Les Pays Émergents by the University of Paris 13. Researcher Professor of the Center for Legal Research, Policies and Social of the University Law Faculty Cooperativa de Colombia (CIBAD). Author of diverse works (collective books and articles in specialized journals) in the fields of international private and commercial law.

Tatiana Vanessa González Rivera, Universidad Nacional Autónoma de México, México

Full-time Associate Researcher «C» at the Regional Center for Multidisciplinary Research (CRIM) of the National Autonomous University of Mexico (UNAM). She is a member of the National System of Researchers of CONACyT, level I. D. in Law and Globalization and Master in Law from the Universidad Autónoma del Estado del Morelos. Law Degree with specialization in Economic Law from the Universidad Centroamericana de Nicaragua. Author of several publications (individual and collective books and articles in specialized magazines) in the fields of Corporate Law, International Commercial Law, Social and Solidarity Economy Law.

Unai Belintxon Martin, Universidad Pública de Navarra, Spain

Profesor Titular acr. in Private International Law, PhD in Law at the University of the Basque Country (UPV/EHU), Master in Business Law at the University of Deusto, Master in Political and Economic Integration in the European Union at the University of the Basque Country, UPV/EHU (to Access of PHD), and Master in Law and Legal Practice at the Gipuzkoa Bar Association. Teaching-researcher at the Public University of Navarra (UPNA) and associated researcher at the Institute of Democratic Governance (Globernance) and the Institute I-Communitas. He has been a visiting fellow at several universities, including the Institut Suisse de Droit Comparé. His main work-lines cover areas such as private international law, international transport law, sport law and cross border litigation, and human rights and business. His last works are Derecho europeo y transporte internacional por carretera (Aranzadi-Thomson Reuters 2015), La necesaria adecuación de la legislación vasca del transporte a la dimensión transfronteriza (Aranzadi-Thomson Reuters 2018), Cooperación, Seguro y Actividades deportivas transfronterizas. Un estudio jurídico (Aranzadi-Thomson Reuters 2018), and La transmisión de la empresa familiar. Cuestiones de Derecho europeo e internacional (Aranzadi-Thomson Reuters 2022).

Published
2022-05-23
How to Cite
Iriarte Ángel, José Luis, Eduardo Andrés Calderón Marenco, Jaime Elías Torres Buelvas, Tatiana Vanessa González Rivera, and Unai Belintxon Martin. 2022. “Electronic Contracting and Documentation in International Transport: Special Mention to the Consignment Note. An Analysis from Private International Law”. Deusto Journal of European Studies, no. 66 (May), 163-97. https://doi.org/10.18543/ced.2371.
Section
Articles