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A new approach to address the multimodal problem

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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  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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