Research On The Rules Applicable To International Multimodal Transport Contract

The boom of international multimodal transport and The Belt and Road Initiative require the research on the rules applicable to international multimodal transport contract.This research not only promotes the development of methods of choice of law,but also provides answers to problems in practice of international multimodal transport.The methods of this dissertation are normative analysis,case analysis and comparative analysis and so on,beside the introduction and conclusion,this dissertation is divided into six chapters.Chapter I provides the theoretical base for deciding the rules applicable to international multimodal transport contract.Deciding rules applicable to international multimodal transport contract included whether transport conventions should be applied,how to decide and utilize the applicable law of international multimodal transport contract.This chapter points out the particularity of deciding the rules applicable to international multimodal transport contract,the reason for this particularity and the theory solving this particularity.This chapter argues the values which need to be complied in deciding the rules applicable to international multimodal transport contract.Chapter II focuses on the issue of jurisdiction.This chapter deals with the necessity about considering jurisdiction.By compare the rules of jurisdiction of China,US,UK and EU for multimodal transport operator as corporation and not domiciled in forum state,this chapter points out the way to ascertain competent court for dispute about international multimodal transport contract.Chapter III focuses on whether the transport conventions should be applied to international multimodal transport contract.Based on the research on the clause of scope of application in different transport conventions,the nature of international multimodal transport contract and the practice of international multimodal transport,transport conventions should be applied to corresponding carriage included by international multimodal transport contract.This chapter argues that extending the scope of application of transport convention to international multimodal transport contract is impracticable,based on the study on the condition under which the transport convention extending its scope of application to international multimodal transport contract.Chapter IV demonstrates how to employ the methods of choice of law to decide the applicable law of international multimodal transport contract.This chapter deals with how to decide the validity of choice of law provision in international multimodal transport contract.This chapter discusses the scope and limitations of party autonomy in international multimodal transport contract,if choice of law provision is validity.This chapter contains how to make sure the implied choice of law.If choice of law provision is invalidity,this chapter points out that localized loss should be governed by transport convention or mandatory rules of the country where localized loss happened,other issues should be governed by the law of the country where international multimodal transport operator receipts the goods.Most closely connected principle can only be applied to decide the rules or principles deciding the validity of international multimodal transport contract.Chapter ? revolves around how to utilize the applicable law of international multimodal transport contract.This chapter argues how to solve problems in the process of ascertaining the content of the applicable law of international multimodal transport contract.This chapter argues the condition under which the applicable law of international multimodal transport contract can be applied to the tort connected with the contract and third party beyond the contract.Chapter ? points out problems,ignoring the particularity of deciding the rules applicable to international multimodal transport contract and the tendency of applying Lex fori,in legislation and juridical practice in China in deciding the rules applicable to international multimodal transport contract,by analyzing cases about deciding the rules applicable to international multimodal transport contract in Chinese forum.This chapter states the new problems encountered by Chinese forum in deciding the rules applicable to international multimodal transport contract under The Belt and Road Initiative.This chapter points out,in order to solve problems mentioned,we should formulate rules,under the background of legal globalization and based on the idea of justice of large country,about how to apply transport conventions and how to decide and utilize the applicable law of international multimodal transport contract.