Carriers Beware! - Circumstances in Which Navigation Addresses Conflicting Liability Regimes

摘要

The Rotterdam Rules, as the latest marine cargo convention, seek to promote legal uniformity of multimodal transport. The network-liability approach of this convention attempts to harmonise conflicts of liability regimes among different types of navigation in multi-modal transport. However, its Articles 26 and 82 only harmonise limited scenarios among all the potential conflicts of interest. Additionally, the network-liability approach itself relies on localising any occurrence of damage to or loss of goods, which corresponds to different degrees of liability among marine, land and air navigation. Thus, it is impossible for carriers and navigators to anticipate their liabilities when entering into a contract of multimodal transport. Through analysing UNCITRAL negotiating documents, a comprehensive safeguard is proposed to solve these problems.