The Legal Issue Research Of International Successive Freight Transport By Railway

This paper briefs on the origin and development of international railway successive freight transportation, and analyzes the legal features of such transportation from its conceptual purpose and legal perspective. By analyzing and comparing COTIF/CIM and International Railway Successive Transportation Agreement, the paper elaborates on the practice of establishing legal system for transportation of such kind. It stressed on the legal feature and three general functions of consignment note: first the basis of transportation contract; second, the certificate for the existence and content of the transportation contract; third the receipt for freight transportation. Proposal is made on improving consighment note to address the requirement of international trade business. The paper analyzes the legal liability of each part involved in successive transportation by explaining the reasons why consignees could change the transportation contract. It holds that the consignee and the shipper are of partnership and this relation also applies to the railway carriers involved. While for the shipper and consignee as the freight beneficiary party, their relation to different railways as the freight carrier, is of contract type by referring to such transportation as the standard. It describes the liability basis and scope of the railway carrier in such operations and proposes suggestions to improve railway carrier liability system by comparing the liability principle and compensation sum framed in COTIF/CIM and International Railway Successive Transportation Agreement. It also compares the difference and similarities in dispute disposal systems of the above two regulations, and analyzes the advantages and disadvantages of such disposal measures as self-determination and compromise, intermediation, arbitration and litigation. A further discussion is made on the jurisdiction and defendant with liability, the key issue in litigation mechanism. The paper holds that the legal dispute in such transportation...