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Multimodal Transport Law

Author : Marian Hoeks
ISBN : 9789041132468
Genre : Law
File Size : 37.5 MB
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Due to the fact that no attempt to create uniform law for multimodal carriage has as yet met with success, transport law has no adequate means to create certainty as to the legal consequences of any loss, damage or delay of cargo resulting from multimodal carriage contracts. A fragmented, complex and inconsistent liability patchwork - which involves regional, subregional and national laws usually focused on unimodal transport, supplemented by contractual standard rules created by the industry - serves as an international liability framework. The consequence of this state of affairs is that the applicable liability rules vary greatly from case to case and give rise to uncertainty concerning the extent of a multimodal carrier's liability in a given situation. Indeed, according to a 2003 UNCTAD survey, most parties involved in the transport industry do not consider the existing legal framework for multimodal transportation to be satisfactory or even cost-effective. Now, progressing through an in-depth analysis of the exact nature of the international multimodal carriage contract, this important study assesses how the most advantageous law applicable to a multimodal contract may be uncovered. Using the ideas, legislation and case law on multimodal carriage in the legal systems of Germany, The Netherlands and England to anchor her presentation, the author offers a thorough investigation of the existing framework of carriage law, the applicable rules of private international law, and the options provided by choice of law based on contractual conditions. In the course of the analysis all essential issues are scrutinized, including the following: * whether the modes of transport to be used may be left open by the contract; * time bars on protest and litigation and when they commence; * carriage documentation; * liability of the carrier for subcontractors; * planning for 'friction costs'; * rules on jurisdiction and the resulting forum shopping practice; * instances where conventions overlap, or when no existing carriage regime applies; * damage or loss that occurs at the point where one unimodal regime ends and another begins; * damage or loss brought about by multiple causes; and * rights and obligations attached to delivery. No comparable treatise exists on which rules may govern international multimodal contracts for the carriage of goods and under what conditions they will do so, and this book is thus an indispensable asset to the work of any practitioner or official connected with international transport. In addition, the author presents a detailed review of the various drafts and propositions that have been on offer in recent years, and submits a well-thought-out proposal for a set of multimodal transport rules to alleviate the difficulties that currently plague this area of carriage law.
Category: Law

Multimodal Transport Law

Author : Michiel Spanjaart
ISBN : 9781351819350
Genre : Law
File Size : 62.82 MB
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An accessible introduction to multimodal contracts of carriage, Multimodal Transport Law works from general principles toward specific, technical problems. Adopting an international approach, it addresses such key topics as: Contracts of carriage Transport documents The parties to a contract of carriage International conventions on the carriage of goods Multimodal situations covered by unimodal conventions Conflict of laws The rules applicable to the individual legs of multimodal contracts of carriage The Rotterdam Rules Providing a close examination of the relevant rules, regulations and case law, this is essential reading for law students, useful for claims handlers and practitioners, and of interest for academics and legislators seeking a better appreciation of multimodal contracts of carriage.
Category: Law

Carriage Of Goods By Sea Land And Air

Author : Baris Soyer
ISBN : 9781135124199
Genre : Law
File Size : 63.42 MB
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Written by a combination of top academics, industry experts and leading practitioners, this book offers a detailed insight into both unimodal and multimodal carriage of goods. It provides a comprehensive and thoroughly practical guide to the issues that matter today on what is a very complex area of law. From the papers delivered at the 8th International Colloquium organised by Swansea Law School's prestigious Institute of International Shipping and Trade Law, this original work considers current opinions, trends and issues arising from contracts of carriage of goods by sea, land, air, and multi-modal combinations of these, not to mention the legal position of vital participants such as freight forwarders, terminal operators and cargo insurers. The topics under discussion range through issues such as paperwork, piracy, liability for defective containers, damage in transit, the CMR Convention, and the possible effects of the Rotterdam Rules. An indispensable resource for transport lawyers, industry professionals, academics and post-graduate students of maritime law.
Category: Law

Multimodal Transport

Author : Diana Faber
ISBN : 1859781144
Genre : Carriers
File Size : 45.81 MB
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Extensive capital investment by companies involved in multimodal transport industry has led to a more efficient industry in which customers are better served. The legal infrastructure has kept pace with neither technological development nor changes in functions of participants and therefore, there are numerous legal problems. This text covers the major legal questions encountered by participants in the multimodal transport industry. It offers advice on how to prevent these questions arising. It devotes four chapters to the day-to-day problems of cargo interests, forwarders, operators and cargo handling operators seeking resource for claims. The book provides plans of action designed to eliminate the possibility of legal disputes and claims arising in each of the above areas. It also identifies the deficiencies of the most recent international convention covering multimodal transport and provides concise practical replies to each of the following questions: which liability scheme applies?; what are the financial limits of liability?; and what is the time period within which claims must be brought?
Category: Carriers

Transport Law In Australia

Author : John Livermore
ISBN : 9789041133953
Genre : Law
File Size : 84.97 MB
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Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to transport law as applied in Australia. The book describes the main sources of transport law, jurisdiction and courts, stat
Category: Law

Multimodal Transport Rules

Author : Hugh M. Kindred
ISBN : 9041103600
Genre : Law
File Size : 64.62 MB
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Multimodal operations has become a major means of transport in international trade. Yet surprisingly, its risks & responsibilities are not well understood in the business & legal communities. This book offers insight into the complex legal regimes governing multimodal transport & the equally subtle commercial influences operating in the market for multimodal services. Since 1973, the international community has fashioned three sets of Multimodal Rules. In Multimodal Transport Rules, the authors analyse their application & compare their operation in a variety of typical situations. Multimodal Transport Rules provides needed information about the Multimodal Rules for traffic managers, logistics service providers, multimodal operators, carriers & other transport executives, & their legal advisors. It details the liabilities that may be incurred under the alternative rules & provides the facts needed to make informed decisions about managing risks in multimodal contracts. The book sheds light on a complex system & provides a clear picture of the commercial risks & legal responsibilities involved in modern multimodal transport operations.
Category: Law

Freight Forwarding And Multi Modal Transport Contracts

Author : David Glass
ISBN : 9781317995821
Genre : Law
File Size : 41.76 MB
Format : PDF
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Freight Forwarding and Multimodal Transport Contracts, 2nd Edition, is a comprehensive guide to the law in relation to contract forms and terms created by operators, trade associations or international bodies such as the UN and used as a basis for trading conditions by freight forwarders, logistics suppliers, combined or multimodal transport operators and container operators. This second edition examines the latest editions of contract forms and terms, both where their object is the supply or procurement of multimodal carriage, as well as where they are directed to the use of combined transport equipment (ie containers, swap bodies). Of particular prominence will be a detailed examination of the latest versions of conditions used by the principal UK forwarding, logistics, intermodal and container operators such as the British International Freight Association (BIFA) conditions 2005A and the current Freightliner Conditions as well as updates on many of the conditions in use and legal developments relevant to them, eg Road Haulage Association Conditions 2009, Maersk Conditions of Carriage, TT Club Conditions.
Category: Law

Wilful Misconduct In International Transport Law

Author : Duygu Damar
ISBN : 3642215092
Genre : Law
File Size : 26.68 MB
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The main rationale of the conventions on international transport law is to limit the liability of the carrier. However, an aspect common to these conventions is that in cases of "wilful misconduct" the carrier is liable without any financial limitation. "Wilful misconduct" denoting a high degree of fault is an established term in English law. The Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw Convention) of 1929 was the first international convention on transport law where the term was employed. A definition of "wilful misconduct", which can be found in later conventions regarding carriage of goods and passengers as well, was implemented in the Hague Protocol of 1955, amending the Warsaw Convention. However, the question as to exactly which degree of fault constitutes "wilful misconduct" has to date remained controversial and unanswered. This work seeks to answer this question. To this end, the historical background of the term, together with its function and role in marine insurance law, case law and international transport law, are examined from a comparative perspective.
Category: Law