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 toaddress the multimodal problem
Gertjan van der Ziel
How to achieve
Rotterdam Rules achievethisfor mm transport withmaritime leg.
Whynot making thispossiblefor mm transport withotherlegs?
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.
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.