A Study On The Creation Of Uniform Conflict Rules For International Railway Freight Contracts

This article is based on the growing number of Sino-Europe international railway freight and the extremely optimistic development trend.It explores the current status of the applicable law to international railway freight in Eurasia from the perspective of regulation support.Although there is a trend of continuous integration and interoperability between the two conventions in Asia-Europe rail freight,given the nature of the uniform substantive law,it is not simple to achieve the goal of adopting the same uniform substantive law in each country.This article provides a new idea,which is to indirectly achieve the goal of unifying the private international law of international railway freight in Eurasia through the creation of a uniform conflict rule.The concessions and compromises made by countries in the process of accepting this uniform conflict rule should be fewer and easier to reach agreement,and the task of uniform rules should be completed in a smoother way.With such a starting point,this article,based on the reference to the conflict laws of major countries and the legislative model of uniform conflict rules in contract area,proposes a set of uniform conflict rules for international railway freight contracts,and a number of regulations in these rules have been analyzed and elaborated theoretically.This article is divided into six chapters.The first chapter is an introduction,which briefly introduces the development of international railway freight transportation in Asia and Europe from the perspective of the China Railway Express.With reference to the current status of maritime and road transport regulations,the necessity of unifying international railway freight regulations is put forward.The second chapter is an overview of the international railway freight regulations,which introduces the two major international railway-related organizations in Asia and Europe and their rules,and introduces the relationship between Europe,especially the European Union and these two major international organizations.Given that Europe is the other end point of the China Railway Express,it is necessary to have a better understanding of its rules and policies in order to have a better discussion.The third chapter analyzes and contrasts the freight-related rules of the two major international railway organizations and starts with the specific regulations to explain the difficulties existing in the unification and application of the rules,and efforts of various parties to break through these difficulties.The fourth chapter reflects on the background that led to the above dilemma.It examines the current stage of the uniform substantive law from a more macro perspective,and proposes a uniform conflict rule as a path and method to break this kind of restriction.The process of harmonizing the private law of freight contracts provides another way of solving the above dilemma.The fifth chapter lists the preliminary ideas and specific provisions of the proposed uniform conflict rules,and theoretically analyzes and discusses some of the more important and potentially divergent issues,and then explains the unified conflict rules and the reasons behind such way they are proposed.The sixth chapter is the conclusion of this article,summarizing the viewpoint of this article and restating the importance and feasibility of creating this set of uniform conflict rules,and the significance of this rule for the unification of the private law of international railway freight contracts in Asia and Europe.