Study On The Problems Of Liability Of International Multimodal Transport Operator

Law's mine of livingness is adaptability between law and economy, while inadaptability is the impetus of changes. With container revolution, in the middle years of twenty centuries, it brought about the naissance of international multimodal transport which gains indescribable development. Though there are not concrete data about international multimodal transport, we still can draw such a conclusion that international multimodal transport has an increasing trend. As containers are specially designed for multimodal transport, and there are accurate data about containers. Such is economic background of law's improvements.Law is always consistent with the society. Any new things exist, new problems and new needs arise. Since international multimodal transport has arrived, there are successive legislation attempts at national and international levels. At international level: United Nations Convention on International Multimodal Transport of Goods, 1980, (hereinafter 《convention, 1980》 ), ICC uniform rules on multimodal transport documents, (hereinafter ((uniform rules on document, 1973)) ), instituted in 1973 and amended in 1975 and UNCTAD/ICC rules on multimodal transport documents, enacted in 1991 and came into force in 1992 (hereinafter ((document rules, 1992)) )etc. Convention aims at realizing legal uniformity and furthermore expediting the progress of trade globalization. Yet the aim is not always the reality. There are not adequate countries ratify it and it is ineffective now. The two document rules are used often. However, the rules cover only a part of the customary contents of a multimodal transport contract. If an MTO wishes to use the rules as the basis for a contract, he would have to add other clauses dealing with matters such as freight and charges, liens, both-to-blame collision, general average, jurisdiction or arbitration, and applicable law, to satisfy his particular needs. At national level: special legislation on multimodal transport in most countries is in blank. Moreover, the provisions of the countries, which exist related legislation, are different. Therefore, it is that there has not forced convention at international and different legislations coexist at national increases law'scomplexity and difficulties in uniformity at certain degree. Although further works have been conducted, an uncontested fact is that the status is still scatters. Such is the general legal background of that above.Against such backgrounds, first, the article summarizes the general on international multimodal transport, multimodal transport operator. Second, it emphasizes several important problems of liability system, such as period of liability, basis and scope of liability, type of liability and limit of liability, etc. finally, it provides several suggestions on multimodal transport legislation, taking account of the status quo of multimodal transport and its' legislation limitation, and the need for joint of national and international.