Multimodal transport: legal framework and liability of the carrier

ABSTRACT

This thesis examines the legal framework for multimodal transport, especially the legal status and liability of multimodal transport operators. First, the problem of conceptualising this type of goods transport contract is examined. The elements of this type of transport are analysed to enable it to be characterised. Second, this thesis examines the diverse problems arising from the current legal regulation and the law applied given that this type of transport usually entails various unimodal regulations, this often leading to disputes. After analysing these topics, solutions are proposed for regulating multimodal transport. The approach underlying these solutions is based on creating a regulation for this type of transport in which the different modes of transport are provided for without imposing one upon another. An independent regulation providing for uniform liability is put forward, thus entailing a revaluation of the traditional approach of applying a unimodal regulation to govern this type of transport in which various modes of transport are involved.