Can an international ministerial agreement—such as SMGS—serve as a genuine source of rights and obligations for businesses operating in cross-border rail transport? What mechanisms for enforcing claims are available to entities that are “bypassed” by the structure of this agreement but are actually involved in the logistics process?

These and many other questions are addressed in a new publication co-authored by dr hab. Krzysztof Koźmiński, prof. UW), and Managing Partner of Jabłoński Koźmiński & Partners Law Firm, along with Barbara Błaszczak. The publication is titled “Agreement on International Railway Freight Communications (SMGS) and the protection of the interests of the parties to the contract of carriage – analysis of legal force and sanctions for breach.” The article, published in the June issue of the Bulletin of the Modzelewski & Partners Institute of Tax Studies, is among the most comprehensive analyses of the legal nature of the SMGS agreement and its practical implications for those involved in transport contracts.

The authors explore, among other topics,

• the status of SMGS in the national legal order,
• legal protection instruments provided for in this agreement,
• SMGS’s relations with the Vienna Convention and the COTIF system,
• practical consequences of the lack of dispute procedures within the OSJD.

Link to full text available here.