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.

Language

  • English

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Filing Info

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