On The Carrier’s Liability Of International Carriage Of Goods By Rail

With the Belt and Road Initiative being put forward and the Silk Road Economic Belt being constructed, it is more and more attractive that the significance and function of international carriage of goods by rail. There is also greater participation of China in the cooperation of international railway transport. Since the first China-Europe freight train(between Chongqing and Duisburg) launched on March 19,2011, many freights launched from Chengdu, Yiwu, Harbin, Zhengzhou, Wuhan,Suzhou. China-Europe freight train is becoming an indispensable way in international transport of goods and international trade because of its advantages of being efficient,environment-friendly, safe and stable. The trade and people communion and the government contact between surrounding countries is being more and more frequent and intimate. All above shows the significance of China-Europe freight train on regional international relationship, and these indicate that the Silk Road Economic Belt will become an important area with politics, economic and culture interworking.We need both realize the advantages and significance of China-Europe freight, and learn the regulations about international carriage of goods by rail. Only in this way can we hedge trade risk, protect legal interest and trade safety, promote international economic communication.SMGS and CIM are main treaties concerning international carriage of goods by rail. Both provides carrier’s liability of international carriage of goods by rail concretely. Carrier should be responsible for loss of goods and delay regardless of it did wrong or not, which is similar in two treaties. However, there is different in the limitation of carrier’s responsibility between SMGS and CIM, including period of carrier’s responsibility, limitation of action and exceptions of carrier’s responsibility.China is one of members of SMGS, which means not only domestic law, but also SMGS binds China-Europe freight train. Although domestic law concerning carriage of goods by rail is pretty comprehensive, many regulations became awkward after the Ministry of Railway being revoked. This dissertation provide some suggest about carrier’s liability of Chinese carriage of goods by rail on the basis of some research and analysis, including(a) revise relevant regulations;(b) clear the exceptions ofcarrier’s responsibility;(c) provide the special limitation of action about carriage of goods by rail;(d) link up the content of insured transport in domestic law and SMGS.