The Impact of Location of Damages to Goods on Multimodal Transport Operator’s Liability; Analysis of Hypothetical Contract under “Rotterdam Rules”

Document Type : Scientific Research

Authors

1 Ph.D. in Private Law, Payame Noor University (PNU), Tehran, Iran

2 Professor of private Law, Department of Law, Payame Noor University (PNU), Tehran, Iran

3 Associate Professor,, Department of Private Law, Allameh Tabataba’i University, Tehran, Iran

Abstract

Multimodal transportation requires Appyling at least two or more different modes of transport. The liability of carrier can be fixed (which is called the Uniform System) or to be considered fixed after determining where the damage had occurred (which is called the Network System). Despite the growing global multimodal carriage of goods, this area suffers from a lack of a binding international document. In the law of carriage of goods, there are only two Geneva Conventions of 1980 and Rotterdam 2009, as well as UNCTAD/ICC 1992 regulations, which have taken into account the multimodal carriage of goods in particular, and a comparative study of these documents, especially on the liability of carriers and their factors and the type of liability system, whether network or uniform, will help stakeholders in transportation industry greatly. Rotterdam Rules has predicted Hypothetical Contract in Article 26, so it has presented a better solution in comparison with other international instruments.

Keywords

References

Beare, Stuart N. (2009).  A Brief History of the Involvement of The CMI from The Initial Stages to The Preparation of The UNCITRAL Draft Convention On The International Carriage of Goods Wholly Or Partly By Sea, CMI Year Book.
Berlingieri, Francesco. (2012). “An Analysis of Two Recent Commentaries of the Rotterdam Rules”, Il Diritto Marittimo: Quarterly Journal of Italian and Foreign Doctrine Jurisprudence and Legislation, Roma, Fasc. I.
Besong, Christine. (2007). Towards A Modern Role for Liability in Multimodal Transport Law, A Thesis for The Degree of Doctor of Philosophy, University of London, London.
Briant, Adeline M. (1996).  A Critical Look at The United Nations Convention On International Multimodal Transport of Goods (Geneva, 24th May 1980), LL.M thesis, The Faculty of Graduate Studies and Research, McGiII University, Montreal.
Conrado, Iara Costa. (2011). Multimodal Aspect of the Rotterdam Rules: a Critical Analysis of the Liability of the MTO, Master Thesis, Faculty of Law, Lund University, Lund.
Eftestöl-Wilhelmsson, Ellen. (2010). “The Rotterdam Rules in a European Multimodal Context”, Journal of International Maritime Law, Vol.16.
Fayzi Chekab, G. N., & Azarmehr, M. (2014). Applicability of the Rotterdam Rules to Multimodal Transportation and Coexistence with Other Transportation Conventions. Private Law Research, 3(8), 137-174. (In Persian)
Hoeks, Marian. (2009).  Multimodal Transport Law, University of Rotterdam.
International Convention for the Unification of Certain Rules of Law Relation to Bills of Lading 1924.
Marin, Jasenko. (2012). “The Harmonization of Liability Regimes Concerning Loss of Goods During Multimodal Transport”, [on line]. Available: https://www.semanticscholar.org/ visited on: 2018/08/11
MohammadZadeh, A. (1998). United Nations Convention on International Multimodal Transport of Goods 1980. Law Quarterly, 41, 101-128. (In Persian)
MohammadZadeh, A., & Kardan, K. (2012). ROTERDAM RULES. Law Quarterly, 42(1), 255-275. doi: 10.22059/jlq.2012.29825. (In Persian)
Najandimanesh, H., & Lalegani, S. (2015). Applicable Law to International Multimodal Transport Contracts for Goods. Public Law Researsh, 16(46), 155-190. (In Persian)
Nikaki, Theodora, Soyer, Bariş. (2012). “A New International Regime for Carriage of Goods by Sea: Contemporary, Certain, Inclusive and Efficient, or Just another One for the Shelves?”, Berkeley Journal of International Law, Vol. 30, Iss. 2, Art. 2.
Ramberg, J. (1973).  "Harmonization of the Law of Carriage of Goods", Scandinavian law Review, Vol. 17.
Review of Maritime Transport 2017, (2017) UNCTAD.
Review of Maritime Transport 2018, (2018) UNCTAD.
Rokhchakav, N., & ansari, A. (2017). The Governing Law of Multimodal Transport within the Framework of Hamburg and Rotterdam Rules. Encyclopedia of Economic Law Journal, 24(11), 56-83. doi: 10.22067/le.v24i11.60847. (In Persian)
Samavati, H. (2010). The Law of International Trade, Tehran: Qoqnoos Publications. (In Persian)
Schelin, Johan. (2009). “The UNCITRAL Convention on Carriage of Goods by Sea: Harmonization or De-Harmonization?”, Texas International Law Journal, Vol. 44.
Simaee Sarraf, H., & Yari, M. (2012). General Scope of Application of the Rotterdam Convention: Conflicts of Application with Other Conventions. International Law Review, 28(45), 105-138. doi: 10.22066/cilamag.2011.16949. (In Persian)
Tghizaadeh, E., & Ahmadi, A. (2019). A Comparative Analysis of “Rotterdam Rules” (2009) Innovations in Carriage of Goods by Sea in Comparison with “Hague Rules” (1924) and “Hamburg Rules” (1978). Iranian Journal of Trade Studies, 23(90), 169-193. (In Persian)
Taghizaadeh, E., & Ahmadi, A. (2015). A comparative study on borders and basis of carrier’s liability under “Rotterdam Rules” with “Hague Rules” and “Hamburg Rules”. Comparative Law Review, 6(2), 443-467. doi: 10.22059/jcl.2015.55771. (In Persian)
Taghizaadeh, E. (2015). Law of Carriage of Goods by Sea, Tehran: Majd Publications. (In Persian)
The CMI International Working Group on the Rotterdam Rules. (2012). "Questions and Answers on The Rotterdam Rules"
United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea 2008.
United Nations Convention on the Carriage of Goods by Sea 1978.
United Nations Convention on International Multimodal Transport of Goods 1980.
https://www.imf.org/en/About/Factsheets/Sheets/2023/special-drawing-rights-sdr visited on: 2024/07/20
Yuzhou, Si, Hai Li, Henry. (2009). “The New Structure of the Basis of Liability for the Carrier”, Uniform Law Review, Vol. 14, Issue 4.
Zhang, Yu. (1993). The Liability of the Multimodal Transport Operator, A thesis for the degree of Master of Laws, The University of New South Wales.
Ziel, Gertjan Van Der. (2009).  Multimodal aspects of the Rotterdam Rules, ATHENS II, Documents of the Conference, CMI Year Book.
Civil Law Knowledge
Volume 14, Issue 28 - Serial Number 28
January 2026
Pages 195-208

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