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Law Adjustment for International Multimodal Transport of Goods
Author: SunRui
Tutor: LiHai;YuanShaoChun
School: Dalian Maritime University
Course: International Law
Keywords: Multimodal transport International legislation practice of multimodal transport Network system of liability Uniform system of liability
CLC: D996.1
Type: Master's thesis
Year: 2008
Downloads: 140
Quote: 4
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Abstract
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Along with the swift boom of the carriage of container and logistic economy, multimodal transport becomes more and more important economically. From the very beginning, the law of the multimodal transport is eager for international uniformity, however subject to the difference in various transport mode concerning equipment, cost, geography, politics and risk therein, there are remarkable diversity existing the applicable legislation, especially in the aspect of the liability regime. Despite the active probe held by UN and ICC, no mandatory international convention has been achieved till now and the development of the international multimodal transport is impeded.On the basis of the principle of maritime law and multimodal transport law, this dissertation exert on the discussion on the differences between the network system of liability and the uniform system of liability. This paper analyses the legislation practice of International Multimodal Transport of Goods, Transport Law Draft Convention on the carriage of goods (mentioned as Draft hereunder) and the regulation of Chinese internal law by the way of historical analysis. It’s important that learning from the experience of the former legislations for the success of the legislation of Transport Law Draft Convention on the carriage of goods.In China, the research and legislation is far behind of the practice of International Multimodal Transport of Goods.There are only five clauses about the International Multimodal Transport of Goods that must includes the part of ocean shipping.The other kinds of International Multimodal Transport of Goods should be coverd by Contract Law of the People’s Republic of China. Now, the active laws in China are not fit with the business practice, and should be in accord with the international legislations.Finally, the dissertation also offers proposals for the multimodal transport of goods and hope to be beneficial to the study of the international and internal multimodal transport law.
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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law )
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