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International Multimodal Transport Of Goods Undermine The Law Of The Given Domain

Posted on:2009-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:W YangFull Text:PDF
GTID:2206360248450871Subject:International Law
Abstract/Summary:PDF Full Text Request
International multimodal transport is such a transportation that the combined operator ships the goods from one country to another country by one shipping document. It's a new way of transportation that emerge and develop on the container transport. The localization of damage is to fix the secific area that where the damages occured. It's a special legal phenomenon in international multimdal transport. The localization of damage is the premise to construct and operate the system of responsibility for transport operator and the result of location will directly effect the compensation for damages.Presently, the international mutimodal transport rapidly develops in the world-wide, and become the main way of transportation. Eevery country has made legislation for this transportation. Howerer, the localization of damage seems to be neglected, and it will effect the application of legistation. So, this paper focus on the localization of damage in order to perfect the interrelated legislation.This paper is consisted of four parts. The partⅠis an outline of this problem. It introduces the reason why the localization of damage to come into existence and the function of it. The author considers the reason of localization has to do with the system of responsibility through studing the legal rules. And the location has the function of coordinating the application of law and clearing the responsibility of compensation between the operator and the third party.The partⅡdeals with the interrelated legal problems of localization of damage. It discussed mainly on these three aspects: the criterion of localization, the means of localization, and the way to put to the proof. Through comparing and anaysing ,the author considers it should be taken the criterion of the place where the reason that causes the damage ,by doing thus , it can balance the right and duty between the operator and the third party. To the means of localization, we could infer it by way of the facts, the documents and some scientific technologies etc.This part mainly illustrates by examples. The responsibility of quotation should follow this principe: one should take on the responsibility of quotation who benefits from it.The partⅢanalyzes the relationship between localized or unlocalized damage and the responsibility of compensation. To the operator, grasping the relationship could strenghen the predication on the risk of damage and realize the interest to the best.The last part of this article is the author's suggestionon how to perfect Chinese legislation about the localization of damage. First ,it introduces the basic frame of Chinese IMT legislation, then, points out the flaw and blank of it ,finally, gives some suggestions to it.
Keywords/Search Tags:international multimodal transport, localization of damage, system of responsibility, responsibility of compensation
PDF Full Text Request
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