Study On The Legal Issues Of Liability Of Compensation In Respect Of International Multimodal Transport

Along with the further development of the global economy and the international trade, especially the increasing liberalization of global economy and commercial competition, international multimodal transport of goods has become more and more important in international transport of goods. But there is no uniform and mandatory international convention which regulates international multimodal transport of goods at present. This fact imposes much restriction on the development of international multimodal transport of goods.Analyzing the relevant legal systems of different countries and regions comparatively, by reference to the relevant theories and standpoints of transport law, the author studies the legal issues of liability of compensation in respect of international multimodal transport from the view of the basic principles of traditional civil and commercial law in this dissertation in the hope of being beneficial to the establishment of the uniform legal system on international multimodal transport.Firstly, international multimodal transport is definited in chapter one. Then the author makes comments on the international and domestic legislative situation concerning international multimodal transport.The definition, legal status, legal characteristics and qualifications of multimodal transport operator are clarified in chapter two. The author analyzes the relationship between multimodal transport operator and freight forwarder. Then the author emphasizes the legal issues of liability of compensation of multimodal transport operator, which is the most important part of the legal system of international multimodal transport. At last, the author puts forward a preliminary legal framework regulating the liability of compensation of multimodal transportoperator, which includes period of responsibility, liability regime, basis of liability and limitation of liability.The scope of the third party to multimodal transport contract is made clear in chapter three. Then the author makes comments on the attitudes of the relevant laws in our country and other countries and the ralavant international convention and international rules on the lawsuit which the cargo party sues the third party by using tort as the cause of action. The author puts forward a comparatively ideal solution at last.The localization of the stage where the damage to goods occurs is studied in chapter four. The function of the localization is clarified in this chapter. The standard which should be accorded to during localizing is put forward. The author also analyzes who should take the burden of proof of the localization.Analyzing the domestic legislative situation on international multimodal transport, the author points out some defects of the present situation and puts forward some advice on amending those legislations.The author makes deeply analysis to the legal issues of liability of compensation in respect of international multimodal transport, points out the defects of the prevailing international conventions, rules and domestic legislations on international multimodal transport and puts forward comparatively reasonable liability systems of multimodal transport operator and the third party in this dissertation which is helpful to solving the loss resulting from the loss, damage to the goods as well as delay in delivery.