On Liability Of Multi-modal Transport Operator In Rotterdam Rules

Rotterdam Rules expand period of responsibility of the carrier to the mode Door to Door,andchange the mode Port to Port which is been formed since Hamburg Rules.It is of benefit topromote carrier to the develop the maritime multimodal transport mode of sea carriage and othertransports.On the basis of responsibility, Rotterdam Rules choose the responsibility system ofcomplete fault, and abolish carrier responsibility exemption of the navigational fault and fire fault.In addition, in order to prompt the shipper and carrier to reach their new balance of interests,Rotterdam Rules enlarge the carrier’seaworthiness obligation to the whole shipping period, as wellas increase their limits of liability. The paper is based on the maritime multimodal transport ofRotterdam Rules, respectively explains and analyzes the multi-modal transport operator liabilityon substantial and procedure level,study the period of responsibility, basis of liability, liabilityform and liability limits of the multi-modal transport operator in Rotterdam Rules. And then, onthe base of explaining Chinese current situation of legislation of multi-modal transportoperator’liability in Maritime law, and use for reference the useable terms of Rotterdam Rules,wecan come up with proposal of perfect legislation for multimodal transport operator liability inMaritime law.Besides the introduction and conclusion, there are four main parts. Part one mainly introduce thelegislation practice of three rules of multimodal transport in20th century and the recognition ofmulti-modal transport operator in Rotterdam Rules. Part two mainly analysis the liability issues ofmulti-modal transport operator on substantial facet, which include the period of responsibility,liability form, seaworthiness obligation and the goods delivery obligation,also limits ofcompensation liability. Part three mainly analysis the liability issues of multimodal transportoperators on procedure facet, which include the basis of liability,administration and arbitration.Part four pass the explain of Chinese current situation of legislation of multi-modal transportoperator’liability in Maritime law,and then come up with the proposal of perfect legislation.In this paper, the liability of multi-modal transport Operator items in Rotterdam Rules, it not onlysolves nowdays international multi-modal transport problems in practice and reflects the necessaryfor multi-modal transport development,but also provides some useful references to perfect theliability of multi-modal transport operator in Maritime law. Therefore, we should study activelyand fully in Rotterdam Rules.