The freight forwarder : his legal status and functions in modern trade

Abstract

It is apparent that the concept of the Freight Forwarder is an intersection where political, economical and legal doctrines meet. My aim is to study the freight forwarder from the jurist’s position but the legal aspect must not be isolated from the practical realities of modern day trade. Thus, the first chapter is devoted to the development of the forwarder over the centuries, offering us a historic outline, such that a general direction might be drawn from there. This is quickly followed, in chapter 2, by a closely chapter on the economic, social and political significance of forwarding in modern day trade. The frame of the study is then divided between the two main pillars of the thesis: the Forwarder’s Legal Status and his Functions. In dealing with his status, the author has adopted a step by step approach, tackling the problem from various angles, which are all closely related to each other. His legal status is sparked off by discussing the problem of terminology, where this important intermediary is referred to by several different terms, with the terms "Freight Forwarder" or “Forwarder” being considered in this day and age as the closest terms which reflect what he does. In the following chapter, the chronic problem of finding an adequate definition of the forwarder is discussed, with a tentative definition being offered, notwithstanding the continuous developments in the forwarder’s functions. Chapters 5, 6, 7 are fully devoted to the legal character of the forwarder qua forwarder. However, due to the fact that we are discussing an intermediary who is very active in international trade, Chapter 5 is divided into two main parts. The first part is an analysis of the concept of agency in the Common Law and the Civil Law wherein these underlying concepts are applied comparatively (which is the second part). Chapter 6 is an examination of the American situation where the dual concepts of the Domestic Freight Forwarder and the International Freight Forwarder are discussed, together with the relevant agencies which play such an important part in the forwarding industry. Chapter 7 is solely dedicated to the Maltese situation. Due to the fact that we have no provision or standard trading conditions, let alone a case on the issue, many of the conclusions are based on assumptions in that reference is made to those principles which could be best applied to the forwarder. In Chapter 8, the main functions of the Freight Forwarder are highlighted and explained in the best possible fashion, with due regard being given to the work he does behind the scenes. The final chapter serves as an appeal for greater innovation and uniformity both on the local and international plane.