Besong, C.; (2007) Towards a modern role for liability in multimodal transport law. Doctoral thesis , University of London.

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Abstract

It is now accepted that multimodal transport plays a key role in international trade and commerce, yet its' liability regime is uncertain and unpredictable. A sound liability regime is essential to bring certainty and enhance the development of this mode of transport. In international trade, goods may be carried in a variety of ways by sea, road, and rail or by air. These are not the only ways that goods are carried. Increasingly, goods are being carried by a combination of modes, which has come to be known as multimodal transport. As long as international transport continues, damage and loss to goods carried will occur such incidences are usually followed by a variety of claims and compensations. When such loss or damage occurs during carriage by a single mode, the liability of the carrier is regulated by one of the international transport conventions. However, when such loss or damage occurs during multimodal carriage, there is no such regulation available. What might apply is one of the international conventions applicable in unimodal transport, if the loss or damage can be localised to a particular mode. This stems from the fact that these conventions are mandatory and multimodal transport is regarded as a combination of modes. When it is not possible to predict when loss or damage occurred, the problem it creates is uncertainty and unpredictability as to the liability regime applicable. Following the attempts made over the past decades, in which attention has been focused on seeking a predictable liability regime in multimodal transport through existing mandatory law and model contracts, a consensus has emerged that unimodal solutions cannot be used to solve multimodal problems. In the light of these discussions, this thesis argues that multimodal transport is different and deserves a liability regime that will reflect its nature and bring about predictability. And the conclusion favoured in this work is a leadership role for multimodal transport, to lead rather than be led by unimodal transport.

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