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A new approach to address the multimodal problem
by
Gertjan van der Ziel
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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 achieve this for mm transport with maritime leg.
Why not making this possible for mm transport with other legs?
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Example carriageBergen (Norway) – Oslo by road/railOslo - Hamburg by seaHamburg – Bern by road/railunder a single contract of carriage concluded by a Norwegian road/rail carrier
Currently, this contract does not qualify for application of COTIF/CIM or CMR. Once in force, the RR will apply, which would be odd.
The better option would be making also COTIF/CIM or CMR to apply to thiscontract and leaving the choice to the parties which convention should apply.
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Why is it the better option?
• Parties and their insurers use the conditions to which they are used to and thoroughly know.• Nevertheless, it provides for uniform liability for a multimodal
contract.• It avoids the disadvantages of the network liability system: the
complications of the patchwork and the need for a residual liability regime (for non-localised damages and to fill possible gaps between different modes).
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What is, from legal point of view, required to achieve this?
Adding a Protocol to each unimodal convention (also RR) that includes: (i) an extension of its scope of application to unimodal-plus, and an alignment of this scope with the unimodal-plus scope of the other conventions, (ii) a proper conflict of convention provision, also to be aligned with the corresponding provision in the other conventions, and (iii) possible consequential adjustments that are specific for the convention involved.
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What is, from political point of view, required to achieve this?
• Willingness of the (private and public) organisations involved to cooperate.
• Sufficient support of State-Parties to the existing unimodal conventions.
• These two political conditions apply anyhow, whatever the possible solution for the multimodal problem.