International Multimodal Transport Operator Liability System

Multi-modal transport plays an increasingly important role in the world transport and economy, for which more emphases are put on the unification of the liability system of multi-modal transport operator (MTO). China, as a developing country, needs to expand its development of multi-modal transport healthily. Though there are stipulations concerning multi-modal transport in Chinese Maritime Code (CMC) and Contract Law, the stipulations are very simple and in a mean a little contradictory. Therefore, improvement should be made to the existing laws to satisfy the development of multi-modal transport.This thesis mainly discusses the liability system of multi-modal transport operator, which consists of several parts, namely, the liability regime, the basis of liability, exoneration of liability, range of liability, period of liability and limitation of liability etc. At last the author brings forward her own points of view. The framework of this thesis is as follows:Chapter I general introduction to multi-modal transport gives a definition of multi-modal transport and distinguishes multi-modal transport from other similar expressions. It discusses the legal status, the features and the qualification of MTO, and also refers to multi-modal transport contract and multi-modal transport document.Chapter II MTO and some of the concerning parties is about the relationship and differences between MTO and related parties.Chapter III the liability system of MTO discusses the liability regime, the basis of liability, exoneration of liability, range of liability, period of liability and limitation of liability one by one.Chapter IV current status of the liability system of MTO and comments lists the related stipulations in different international conventions and practices, and then gives a description of the multi-modal transport legislation system in our country. In addition, the author gives some suggestions based on the comments and analyses.This thesis is intended to conduct a study on the liability system of MTO on the basis of principles of Civil Law and Commercial Law. The author's opinions have been concluded by virtue of the method of comparative analysis between the related legal systems of different countries and rules, meanwhile taking into account the transport practice. It is hoped that this thesis is helpful for the improvement of the liability system of MTO in China, and will help to attract more and more scholars' attention on this matter for a better and earlier solution.