The Contract of Carriage: Multimodal Transport and Unimodal Regulation provides a new perspective on how to approach the question of multimodal transport regulation regarding liability for goods carried. Unlike previous literature, which has approached the issue of applicability from a strict interpretation-of-the-convention angle, this book will analyse the issue from a law of contracts perspective.
If goods are damaged during international transport, the carrier’s liability is governed by rules laid down in international conventions, such as the CMR convention, the Hague–Visby Rules and the Montreal Convention. Such rules apply to certain modes of transport, to contracts for unimodal carriage. When goods are carried under a multimodal contract of carriage, which provides for carriage by more than one mode of transport, the question is whether these rules are applicable to transport under multimodal contracts of carriage.
This book investigates the rules of carrier’s liability applicable to unimodal transport, and whether these rules are applicable to carriage under multimodal contracts of carriage, with focus on the actual contract of carriage.
This unique text will be of great interest to students, academics, industry professionals, and legal practitioners alike.
Table of Contents
Table of Cases
Table of Legislation
Part I Introduction and Method
Part II Current Law and Theory
2. The Carrier’s Liability under Current Regimes
3. Application of Unimodal Conventions in a Multimodal Context – Status Quo
Part III Analysis
4. The Scope of Application of the Unimodal Conventions Revisited
5. The Contractual Approach to Applicability and Multimodal Contracts
6. General Conclusions
Dr Paula Bäckdén is a Swedish practicing lawyer (advokat) in maritime and transport law. As a government-appointed average adjuster, she settles marine insurance-related disputes. She has twice been appointed an expert to Governmental Inquiries, the purpose of which is to draft and suggest new legislation. She completed her PhD at the Scandinavian Institute of Maritime Law, Oslo, Norway.