On The Law Application Upon The Contract Of International Multimodal Transport Of Goods

With the development of science and technology, international trade are more and more frequent. The advantages of international multimodal transport of goods have been growing, and the scope of its application is also gradually expanded. The role of international multimodal transport of goods is becoming more and more important in economic development. However, the international legislation on the contract of international multimodal transport of goods, which has not got the significant achievement, has not achieved any mandatory international convention till now. The development of the international multimodal transport is impeded. There are several clauses about the multimodal transport in Maritime Code of the People's Republic of China and Contract Law of People's Republic of China. These provisions can not meet the requirement of multimodal transport development and need to be improved and developed. As the contract of international multimodal transport of goods itself is more complex compared with the general contract, as well as the non-uniformity in the international area and the imperfections of domestic legislation, the law application in this aspect becomes a major difficulty. At present, there is little research on this issue. The purpose of this paper is to sort out the complexity of the issue and clearly define the approach of application of law. Hope the research of this article would attract the attention of the scholars domestic and abroad on this issue. This article is divided into four chapters, the content is as follows:The first chapter is about the analysis and definition of some basic concepts about the contract of international multimodal transport of goods, while analyzing about how to identify the multimodal transport contract in practice.The second chapter does research on the law application on the contract of international multimodal transport of goods from the aspects of private international law theory and China's legislation on application of law in relation to foreign-related matters. At the same time, the law application, at situation of the concurrence of liability for breaching contract and tort, is discussed. The third chapter focuses on the provisions of domestic law and regulations, as well as some international conventions about the contract of international multimodal transport of goods, which are enforced in China, and analyzes the unreasonable clauses.The forth chapter is "conclusion", conclude the opinions and suggestions.