The Study On The Liability System Of International Multi-model Transportation Operator

Along with the rapid development of economic globalization, nations tend to pay more attention to and apply international multi-model transportation instead of traditional modes of transportation due to the tremendous advantages the multi-model transportation possesses. Research on the liability system regarding international multi-model transportation operator is of great help for us to analyze and ascertain liability issues in relation to cargo damage, loss and delayed delivery in international multi-model cargo transportation. Meanwhile, the international society has been for a long time striving to establish regulations on international multi-model transportation. Relevant international conventions and rules have been stipulated, although none of which has been effective or generally accepted. The Rotterdam Rules is a latest attempt to integrate international stipulations on carriage of goods by sea, and the expansion of its application indicates the possibility of its being applied with respect to international multi-model transportation that includes carriage of goods by sea. Certain parts of the Rotterdam Rules are contributive to research on the performance of the operator of multi-model transportation.This thesis mainly conducts research on the liability system of international multi-model transportation operator, develops comparative analysis on international legislations and the latest stipulations contended in the Rotterdam Rules, makes efforts to summarize an appropriate liability system of international multi-model transportation, and finally renders certain suggestions on the legislation in our country.The thesis consists of four chapters. The first chapter starts with a general introduction of international multi-model transportation, then presents current international legislations, points out that the approval of the Rotterdam Rules provides a beneficial chance of research on this topic, and analyses the meaning and characteristics thereof.The second chapter mainly discusses the legal status of the operator of international multi-model transportation, then describes the concept of the operator and defines the relations among the operator, cargo forwarder and performing carrier in certain transportation segment. This chapter provides a basis for further research on the liability system in following chapters.The third chapter is the main part of the thesis. Based on certain international regulations, such as the Uniform Rules for a Combined Transportation Document, United Nations Convention on International Multimodal Transport of Goods, ICC Rules for Multimodal Transport Documents and the Rotterdam Rules, this chapter presents detailed discussions on three topics which are the forms, the criterion and the limits of liability of international multi-model transportation operator, predominantly applying the method of comparative analyzing. The minimum network liability system, the clear and definite fault presumption principle and liability limits of compensation in the Rotterdam Rules contribute a lot to research on the liability system of international multi-model transportation operator. Author also probes into the most suitable liability forms, criterion of liability and limits of compensation modes.The forth chapter focuses on the present situation of legislation in our country on multi-model transportation, analyses the drawbacks and problems of those legislations, and presents suggestions on optimizing the liability system of multi-model transportation operator in terms of abstract legislation principles and concrete system frameworks as well.