Study On The Identification Of The Liability Of International Multimodal Transport Operators In China And The Countries Along The Belt And Road Under The Initiative

In 2013,in order to adapt to the regionalization of global economic development,China proposed the "Belt and Road" initiative based on China's historical and cultural background and economic foundation,actively promoting the all-directional opening up process of the country,and taking the initiative to carry out diversified and friendly cooperation with countries along the route.The 19 th National Congress of the Communist Party of China(CPC)report also includes the promotion of the Belt and Road Initiative in the Constitution of the Communist Party of China,and states that in the future it will actively promote international cooperation in the Belt and Road Initiative,promote the common development and progress of human society and thus build a community of shared future for mankind.Therefore,China's attention to regional trade development can be seen.At the same time,international multimodal transport with its integration efficiency,in the current boom and development of trade,also get the favor of both freight.At present,however,international multimodal transport is regulated by a vast network of legal frameworks that combines international conventions on single forms of transport with numerous domestic legislation.At present,however,international multimodal transport is governed by a vast network of international conventions on single forms of transport and numerous national legislations,which combine them,and the lack of uniformity between the international conventions and domestic legislations in terms of the form,basis and limits of liability of multimodal transport operators,as well as the diversity of conventions to which countries along the Belt and Road are parties,and the shortcomings of the laws and regulations in force before the era in terms of balancing the interests of freight,The time spent in solving the liability problem of international multimodal transport and the emergence of new disputes are caused.What legal rules should be used to determine the liability of operators in the event of disputes over international multimodal transport contracts concluded by countries along the Belt and Road? In determining the responsibilities of the operator,how should the conflicts between the nodal regulations of the vast international network of legal frameworks for multimodal transport be addressed in order to promote the universalization of international multimodal transport in countries along the Belt and Road and achieve a prosperous trade? These problems are the fetters faced by the legal circle which studies the initiative of the Belt and Road.In conclusion,this study uses the theory of balance of interests and the theory of regional economic integration to discuss the problems in the practical cases through the domestic legislation of the countries of the Belt and Road and the countries along the route to adjust international multimodal transport,as well as the classification and analysis of the forms of the responsibilities of the operators,the basis of the responsibilities and the limitation provisions.It is concluded that at present,the responsibility of the international multimodal transport operator between China and the countries along the Belt and Road is divided into two parts: the legislative framework,the blind zone,the different basis and the limitation.At the same time,a comparative analysis of the results of the international uniform legislation on international multimodal transport shows that,The establishment of the minimum network liability form of the Rotterdam Rules,the refinement of the burden of proof on both parties on the basis of full fault liability,and the increase of the traditional maritime liability limits have contributed to balancing the interests of both parties in freight transport.The legislative framework for international multimodal transport has been well coordinated,further improving the judicial efficiency of dispute resolution and facilitating the development of international multimodal transport.As a new achievement of international multimodal transport,countries have joined the rules and the international community has had a good response.In order to promote the Belt and Road and promote the prosperity of regional trade,China,as the leading country,should take the initiative to promote the entry into force of the Rotterdam Rules.