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Achieving a Unified Legal Regime for Multimodal Transport Contracts

Explore a new approach to address the multimodal transport problem, proposing a single legal regime for contracts involving multiple modes of transport. Discover the potential for aligning existing conventions to create a uniform liability system and avoid network liability complexities. Unlock the benefits of standardizing liability while maintaining flexibility in convention choice. Delve into the legal and political requirements for implementing this innovative solution.

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Achieving a Unified Legal Regime for Multimodal Transport Contracts

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  1. A new approach toaddress the multimodal problem by Gertjan van der Ziel

  2. Key issue How to achieve • a single legal regime for • a single contract of carriage, performed by • more than one mode of carriage. Rotterdam Rules achievethisfor mm transport withmaritime leg. Whynot making thispossiblefor mm transport withotherlegs?

  3. Examplecarriage Bergen (Norway) – Oslo byroad/rail Oslo - Hamburg bysea Hamburg – Bern byroad/rail under a single contract of carriageconcludedby a Norwegianroad/rail carrier Currently, this contract does notqualifyforapplication of COTIF/CIM or CMR. Once in force, the RR willapply, whichwouldbeodd. The better option wouldbe making also COTIF/CIM or CMR toapplytothis contract andleaving the choiceto the partieswhichconventionshouldapply.

  4. Why is it the better option? • Partiesandtheirinsurersuse the conditionstowhichthey are usedtoandthoroughlyknow. • Nevertheless, itprovidesfor uniform liabilityfor a multimodal contract. • It avoids the disadvantages of the networkliability system: the complications of the patchwork and the needfor a residualliability regime (for non-localiseddamagesandtofillpossiblegapsbetween different modes).

  5. What is, fromlegal point of view, requiredtoachievethis? Adding a Protocol toeachunimodalconvention (also RR) thatincludes: (i) an extension of its scope of applicationtounimodal-plus, andan alignment of this scope with the unimodal-plus scope of the otherconventions, (ii) a proper conflict of conventionprovision, alsotobealignedwith the correspondingprovision in the otherconventions, and (iii) possibleconsequentialadjustmentsthat are specificfor theconventioninvolved.

  6. What is, frompolitical point of view, requiredtoachievethis? • Willingness of the (private and public) organisationsinvolvedtocooperate. • Sufficientsupport of State-Partiesto the existingunimodalconventions. • These twopoliticalconditionsapplyanyhow, whatever the possible solution for the multimodalproblem.

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