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Study On The Liability System Of Multimodal Transport Operators Under The Rotterdam Rules

Posted on:2014-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:X JiFull Text:PDF
GTID:2256330401477957Subject:International Law
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With the wide use of the containers and other mature technicalconditions, the multimodal transport breaks through the geographicrestrictions and uses more than two modes of transportations to meetthe needs of “door to door” transport. It plays an important rolein the international transportation of goods with the advantages ofhigh efficiency, low cost, convenient procedure etc. As a new modeof transportation parallel to the ocean shipping, air transportation,highway, railway transportation and so on, the multimodal transportshould have its unique liability system. However, because themultimodal transport covers different modes of transportation andpersons and its legal relationship is more complicated, it will beruled by different domestic laws, regional regulations orinternational conventions regulating single transports andmultimodal transports. All the above laws are intertwined in thisregion, which leads to uncertainty on application of law and resultsfrom disputes settlement. Because of some inherent flaws they own,the network liability system or uniform liability system cannot beadopted alone as the liability basis of the multimodal transport operators. Therefore, the international community has tried tocoordinate these two liability systems and it is urgent need toestablish a unified legal framework. The "Rotterdam Rules" came intobeing, which was approved by General Assembly on December11th,2008.For the purpose of promoting the unity of legislation on internationalmultimodal transport and maritime transport and the balance of theparties’ interests, this convention has a lot of institutionalchanges and innovations to coordinate with other existing transportconventions in a more practical attitude, rejects the application ofdomestic laws, extends the period of responsibility to “door todoor”, first applies the provisions of maritime convention to landtransport conditionally.This thesis tried to study the rules related to the liabilitysystem of multimodal transport operators under Rotterdam Rules andfind out the possible effects and problems resulted from applicationof this convention, especially the influence to our country. Thestructure of this thesis is as follows:Chapter One mainly defines the related concepts of internationalmultimodal transport. It is discussed in three sections. Section Oneintroduces the development of international multimodal transport,Section Two defines the concepts of international multimodaltransport and multimodal transport operators, and Section Threediscusses the standards and basis of international multimodaltransport.Chapter Two analyzes the legal framework and unification trends,concludes the legislative status quo of liability of multimodaltransport operators, discusses two main liability systems andseparately introduces the international legislations.Chapter Three discusses the institutional arrangement of the Rotterdam Rules from the introduction of “Performing Party”,adoption of limited network liability and application of the rulesof maritime convention to land transport, finding out how to balancethe interest of the parties and its effects.Chapter Four describes the process of China participating indrafting the Rotterdam Rules, clarifies our stands and discusses theinfluence on our legislation of liability system of multimodaltransport operators, even if our country does not ratify theconvention soon.
Keywords/Search Tags:International multimodal transportation, multimodal transport operator, liability system, theRotterdam Rules, performing party, limited networkliability
PDF Full Text Request
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