The Application of the Rotterdam Rules in International Multimodal Transportations: The Conflicts of Liability Between the Rotterdam Rules and Other Relevant International Legal Regimes

In view of the continuing growth of international multimodal transportation, consideration of the need for an effective international instrument to govern multimodal transportation is appropriate. If ratified, the Rotterdam Rules will likely become the mandatory international multimodal legal regime. However, because of the existence of current valid international unimodal regimes, conflicts of law will arise. Whether the Rotterdam Rules or another unimodal convention applies to cargo loss or damage will become a complicated issue. This article first analyzes the scope of application of existing unimodal international conventions for the carriage of goods and the coverage of loss or damage on the sea leg. Next there is a discussion of the advantages and disadvantages of multimodal contractual documents designed by industry organizations to cover the whole multimodal contract. It then focuses on the scope of application of the Rotterdam Rules, the provisions for resolving conflicts within multimodal transport, and circumstances under which the Rotterdam Rules are trumped even when loss or damage occurred on the sea leg. Finally, the article answers the question as to which legal regime prevails for both localized and unlocalized losses and damage. Emphasis is on Articles 26 and 82 of the Rotterdam Rules and its limited network system.

• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/oclc/31144651
• Authors:
  • Li, Ling
• Publication Date: 2011

Language

• English

Media Info

• Media Type: Print
• Pagination: pp 207-220
• Serial:
  • Journal of Transportation Law, Logistics and Policy
  • Volume: 78
  • Issue Number: 3
  • Publisher: Association for Transportation Law, Logistics and Policy
  • ISSN: 1078-5906
  • Serial URL: http://www.atlp.org/journal.html

Subject/Index Terms

• TRT Terms: Cargo handling; Carriers; Contracts; Freight transportation; International trade; International transportation; Legal documents; Legal factors; Liability; Logistics; Loss and damage claims; Maritime industry; Maritime law; Multimodal transportation; Shipping
• Identifier Terms: Rotterdam Rules; United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea
• Subject Areas: Administration and Management; Freight Transportation; Law; Marine Transportation; Policy; I10: Economics and Administration;

Filing Info

• Accession Number: 01357097
• Record Type: Publication
• Files: TRIS
• Created Date: Nov 10 2011 11:25AM