Towards a Specialized Law of Logistics

Vers un droit spécial de la logistique

Ishola Bakari ()
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Ishola Bakari: CDE - Centre de Droit Economique - AMU - Aix Marseille Université

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Abstract: The in-depth analysis of the legal gap associated with logistics has allowed us to shed light on the existing limitations in transportation law and raise crucial questions regarding its specificity and independence from contract law. Drawing upon the metaphor of the "endless pit" evoked by Marcel Pagnol, we have identified the need to fill this legal void. It is evident that current transportation law has its limitations in the face of the increasing complexity of modern logistic activities. The observed gaps challenge the specificity of this law and raise concerns about its relationship with contract law. While contract law can partially contribute to filling these gaps, it cannot be considered the sole and adequate solution. Indeed, establishing a common law to special law relationship between these two domains is debatable, as the specificity of transportation law is limited. Moreover, the independence of transportation law from contract law seems compromised. In this perspective, the creation of a specialized law of logistics emerges as a potential solution to fill the legal void. This specialized law, specifically designed to address the challenges and demands of modern logistics, would clarify the norms and responsibilities in this complex field. It would be capable of adapting to the needs and constant developments of logistics, providing a solid and tailored legal framework.

Keywords: PSL; Specialized Law of Logistics; Droit commun / droit spécial; droit des transports; logistique; droit de la logistique; droit des contrats; droit autonome; prestataire des services logistiques (search for similar items in EconPapers)
Date: 2023-06-01
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