A Research On The Coordination Of The Liability System Of International Multimodal Transport Operators

Unimodal transport has played a dominant role in the field ofinternational freight for a long time. Consequently, The InternationalConventions regulating unimodal transport also played a dominant rolein the field of carrying of goods internationally. However, with the risingand development of container transportation, the need for door-to-doortransport is increasing, and the disadvantage or shortcoming of unimodaltransport begins to manifest. Under the prevalent network liability systemof international multimodal transport, the liability undertaken by themultimodal transport operators is uncertain and unpredictable in themeanwhile, which troubles both the practice circle and the legalprofessionals. Besides, un-localized loss and the loss occurred in more thanone stage of transport also can not be resolved in a proper way. And thebalance of interest between consignors and multimodal transport operatorscan hardly be achieved. The hysteresis of law will to some extent barricadethe flourishing development of multimodal transport. What’s more, there isno international convention in force currently in this regard. Therefore, the international world eagerly calls on to unify the laws and regulationsin the area of multimodal transport. However, it seems to be infeasible tomechanically unify the liability systems of each unimodal internationaltransport convention. As a consequence, the Rotterdam Rules adopted a moreimplicit style to coordinate the relationship among the existing conventions,which might be a sensible approach.In this paper, a contrast of the carrier’s liability system between theunimodal transport conventions and international multimodal transportconvention is conducted, so as to find out the possibility of unification.And this paper also aims to discover potential conflicts of the existingconventions through cases. This paper also analyzed the articles concerningconflicts resolution in the new drafted Rotterdam Rules, in order to findout whether it will successfully coordinate the conflicts among the existingconventions and realize the so called unification on another level.The first chapter mainly introduced the origin, concept, characteristicsof international multimodal transport; the legal status of multimodaltransport operators；the constitution, category and circulation process ofmultimodal transport document.The second chapter revealed the current legal framework of internationalmultimodal transport, analyzed the merits and demerits of network liabilitysystem and uniform liability system through a table.The third chapter mainly made a comparison to the liability period,liability basis, and limitation of liability of various unimodal transportconventions, which helps to find out the possibility to unification. In thischapter, cases were also discussed to reveal the potential conflicts of someconventions, so as to illustrate the urgency of coordination and unificationof the existing conventions.The forth chapter interpreted Article26and Article82of RotterdamRules in detail, analyzed the way it confront and coordinate the conflicts between the new rule and the existing conventions. And this chapter made somesuggestions to the Rotterdam Rules as well so as to anticipate a well fixedsea-plus multimodal transport convention in the future.