Conflict Of Laws And Application In International Multimodal Transport Contract

International multimodal transport is an independent mode of transport which is made up of several transport modes. From its beginning, the scholars of all the countries have researched the legal issues of international multimodal transport. However, they all neglect the issue of the conflict of laws in international multimodal transport contract. This issue is a new and complicated one in the modern transport law.This dissertation introduces the basic theory of international multimodal transport at first. Then take the international conventions applicable to unimodal transport for example, it compares all the rules governing the different transport modes, and analyzes the difference between them on scope of application, period of liability, basis of liability and limitation of liability of the carrier, assessment of compensation, time-bar and jurisdiction. This difference may not lead to any conflict originally, but when different transport modes are combined into international multimodal transport, the difference will constitute an obstacle to the development of international multimodal transport. The dissertation also compares the international and domestic regulations of multimodal transport, and analyzes the difference between them on scope of application, period of liability, form of liability, basis of liability and limitation of liability of the multimodal transport operator, assessment of compensation, time-bar and jurisdiction. Such difference leads to the conflict of laws in international multimodal transport contract. To settle the conflict of laws, this dissertation brings up the direct adjustment method and the indirect adjustment method, based on the basic theory of international private law, and clarifies the feasibility of these two method, so comes to a conclusion that only constituting a new transport convention to govern all the transport modes, including international multimodal transport can avoid the conflict of laws in international multimodal transport contract. At last, the dissertation discusses the drawbacks of our present regulation of multimodal transport and how to perfect them.