Study On The International Multimodal Transport Operator's Liabilities Under The “The Belt And Road” Initiative

Experts and scholars pay attention to the topic of International Multimodal Transport since 1980 s,especially in 2008,the enaction of The Rotterdam Rules triggered a new wave of legislative research on Multimodal Transport.Under the "One Belt and One Road" initiative,there is an urgent demand for multimodal transport mode that can efficiently integrate transportation resources,but,the lackness of related international and domestic legislation,pushed another climax of relevant legislation study.At present,there is a lack of international multimodal transport law in China,International multimodal transport is regulated by maritime law and contract law respectively according to whether it includes sea sections or not.They fail to form complete complementarity or even split with each other,and are incompatible with the international prevailing rules,which is inconsistent with the demand of the rapid development of international multimodal transport of goods under One Belt And Road Initiative.As for the liability of the international multi-modal transport operator,the choice of the liability basis is controversial,the feasibility of the application of the minimum network liability system needs to be demonstrated,and the limit of liability for delayed delivery needs to be improved.This paper analyzes and demonstrates the above problems.This thesis can be divided into three parts,part one is a brief introduction of International multimodal transport operator's liability,the identification and the liability of multimodal transport operator,as well as the core of liability,the basis and the form of liabiliaty as well as its limitation;Part two makes a comparative analysis and comments of the multimodal transport operator liability basis on the existed international multimodal transport conventions and domestic multimodal transport law of major “The Belt and Road” countries;The third part mainly starts from the dilemma of the current legal regulation of China's multimodal transport,combines the practical needs of the "One Belt And One Road" initiative,analyzes the current situation of China's multimodal transport combination mode,respectively from the form of liability liability basis liability limit liability period and other aspects of the argument.Finally it is concluded that “the minmum network liability” has its own possibility and feasibility to be applied in our present situation,the inner reason and significance of conversion from present disparity basis of liability for two kind of multimodal transport mode to a unified “Presumption of liability for fault”,differentiate the limitation of liability of damaged or delay without advanced delivery time,and make the delay delivery without clearly agreed delivery time into the scope of legal adjustment.