Container Carrier's Liability in International Multimodal Transport

Jia, Jia

• Publisher: Cuvillier Verlag
• Year: 2023
• eBook ISBN:
  9783736968493
• Print ISBN:
  9783736978492
• Edition: 1

International multimodal transport has been developed rapidly in recent 50 years and the worldwide use of containers made a valuable contribution. There are various effective international conventions for different modes of transport and this monograph focuses on the fundamental parts of the international multimodal transport, container carrier's liability regime. The central research question is has the current liability regime provided a sufficient framework for container carriers in international multimodal transport? The question can be divided into three issues. Firstly, how wide should the scope of application of the international unimodal conventions be to cover the period of liability of container carrier in international multimodal transport? Secondly, do the existing conventions provide a proper and satisfactory framework to govern container carrier's liability? Thirdly, if not, what solutions can be adopted? In order to answer the above questions, the novelty of this monograph lies on experiences gained from recent case law in relation to container transport. This monograph does not only discover problems in the existing legal system but also provides feasible suggestions for container carrier's liability regime based on the Rotterdam Rules.

Table of contents

• Declaration of Sponsorship
• Dedication
• Table of Cases
• CHAPTER 1 Introduction
• 1.1 The Importance of Container Transport
• 1.2 The Concept of International Multimodal Transport
• 1.3 The Status Quo: the Lack of a Single Uniform Solution
• 1.4 The Objectives, Methodology and Structure
• CHAPTER 2 The Scopes of Application of International Unimodal Conventions
• 2.1 The International Sea Conventions
• 2.2 The International Road Convention: the CMR
• 2.3 The International Rail Convention: the COTIF-CIM
• 2.4 The International Inland Waterway Convention: the CMNI
• 2.5 Conclusion
• CHAPTER 3: The Liability of the Container Carrier under the International Unimodal Conventions
• 3.1 Liability of the Carrier at Common Law
• 3.2 Liability of Carrier in International Sea Conventions
• 3.3 Liability of Carrier in International Road Convention: the CMR
• 3.4 Liability of Carrier in International Rail Convention: the COTIF-CIM
• 3.5 Liability of Carrier in International Inland Waterway Convention: the CMNI
• 3.6 Conclusion
• CHAPTER 4 Liability of Relevant Third Parties on behalf of the Carrier in International Unimodal Conventions
• 4.1 International Sea Conventions
• 4.2 International Road Convention: the CMR
• 4.3 International Rail Convention: the COTIF-CIM
• 4.4 International Inland Waterway Convention: the CMNI
• 4.5 Conclusion
• CHAPTER 5 Limitation of Liability in International Unimodal Conventions
• 5.1 International Sea Conventions
• 5.2 International Road Convention: the CMR
• 5.3 International Rail Convention: the COTIF-CIM
• 5.4 International Inland Waterway Convention: the CMNI
• 5.5 Conclusion
• CHAPTER 6 Liability systems in International Multimodal Transport
• 6.1 The Need for a Liability System
• 6.2 Liability Systems for the Multimodal Transport Operator
• CHAPTER 7 The MT Convention
• 7.1 Historical background
• 7.2 Provisions of the MT Convention
• CHAPTER 8 The Rotterdam Rules
• 8.1 Scope of Application
• 8.2 Liability Regime
• 8.3 Identity of the Carrier, the Performing Party and the Maritime Performing Party
• 8.4 Limitation of Liability
• 8.5 Recommendation for the Rotterdam Rules
• 8.6 Summary
• CHAPTER 9 Conclusion
• 9.1 Overview of this Monograph
• 9.2 How Wide Should the Scope of Application of an International Convention be to Apply to International Multimodal Transport?
• 9.3 Do the Existing Conventions Provide a Proper and Satisfactory Framework to Govern Container Carrier’s Liability?
• 9.4 Proposals regarding Relevant Provisions of the Rotterdam Rules
• 9.5 Conclusion
• Bibliography