Responsibility Of International Container Multimodal Transport Study

The international container multi-modal transport is a characteristic of the trade and international transport, which has caused some new problems inevitably, that is, it can not guarantee cargo far from damages. When cargo isn't held and packed carefully or the container itself exists defects, it often causes damages. Under this situation, the claim for compensation is more troublesome than which by the traditional manner. When cargo is held in the cabin, the carrier is able to manage it directly and properly, and the damage comes to light easily. However, during the container transport, it is often the carrier or the shipper to load, so the other party can hardly know the cargo condition in the container. Because of this, it is difficult to cognize the liability for certain damage. Especially by multi-modal transport, it brings the liability cognizance between the Segment Carriers and the multi-modal transport operator (MTO). Secondly, in the container transport, various accidents occur, which results in the losses of other properties, sometimes even the damage of the body and property of the third-party.At home and abroad, the academe has paid attention to the multi-modal transport liability issue. At the same time, there are many cases with regard to this matter, which is also noticed by some large ship companies. In addition, the provisions of every international convention differ from each other, which add complexity to the liability cognizance. Our country's container transport started later, which should be perfected by practice. In theory, there are disputed issues (e.g. distinguishing related parties and deciding liabilities). In practice, there are also problems should be settle urgently, (e.g. "Concealed Damage" is the same focus of shipping circles, trading circles, banking circles and insurer, which can not be settled by uniform and fairly method to this day). All of above is the way the international multi-modal transport system to improve and develop.The whole passage can be divided into 6 chapters.Chapter 1 introduces the basic concept, status in quo and advantage of the international container multi-modal transport.Chapter 2 mainly discusses the legal status of the MTO and some other relative parties, and deeply discusses their recognition with concrete cases.Chapter 3 starts with the liability of the international container multimodal transport and refers to the doctrine of liability fixation, liability limit, etc. of the MTO, freight forwarder and terminal operator. It contains achievements which the maritime experts have made and the author's understanding is also added.Chapter 4 is about the questions faced in practice. It mainly touches on the "Concealed Damage", and also mentions some suggestion for the cargo owner to insure cargoes against conceal damage except for the essential insurance.Chapter 5 makes research into the risk guarantee of the multi-modal transport, viz. container multi-modal transport insurance.Eventually, Chapter 6 emphasizes the temporary situation of our country's multi-modal transport, in addition, makes legal suggestion to adopt Net Work Liability System and lower liability limit.The paper begins with basic principle of civil law and shipping practice and character of maritime law. It combines legislation of some countries and provision of international conventions, makes research into the liability of the international container multi-modal transport. It is worth mentioning that it's unlikely to deeply discuss all the legal problems. Owning to author's level some mistakes are evitable. The author hopes this paper's research can have an active effect on normalization and perfection in international container multi-modal transport.