A new approach to address the multimodal problem
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A new approach to address the multimodal problem. by Gertjan van der Ziel. Key issue. How to achieve a single legal regime for a single contract of carriage, performed by m ore than one mode of carriage. Rotterdam Rules achieve this for mm transport with maritime leg.

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A new approach to address the multimodal problem

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A new approach to address the multimodal problem

A new approach toaddress the multimodal problem

by

Gertjan van der Ziel


Key issue

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?


Example carriage

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.


Why is it the better option

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).


What is from legal point of view required to achieve this

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.


What is from political point of view required to achieve this

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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