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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Transport law
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Multimodal Transport Law - The Law Applicable to the Multimodal Contract for the Carriage of Goods (Hardcover)
Loot Price: R5,188
Discovery Miles 51 880
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Multimodal Transport Law - The Law Applicable to the Multimodal Contract for the Carriage of Goods (Hardcover)
Expected to ship within 10 - 15 working days
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Due to the fact that no attempt to create uniform law for
multimodal carriage has as yet met with success, transport law has
no adequate means to create certainty as to the legal consequences
of any loss, damage or delay of cargo resulting from multimodal
carriage contracts. A fragmented, complex and inconsistent
liability patchwork - which involves regional, subregional and
national laws usually focused on unimodal transport, supplemented
by contractual standard rules created by the industry - serves as
an international liability framework. The consequence of this state
of affairs is that the applicable liability rules vary greatly from
case to case and give rise to uncertainty concerning the extent of
a multimodal carrier's liability in a given situation. Indeed,
according to a 2003 UNCTAD survey, most parties involved in the
transport industry do not consider the existing legal framework for
multimodal transportation to be satisfactory or even
cost-effective. Now, progressing through an in-depth analysis of
the exact nature of the international multimodal carriage contract,
this important study assesses how the most advantageous law
applicable to a multimodal contract may be uncovered. Using the
ideas, legislation and case law on multimodal carriage in the legal
systems of Germany, The Netherlands and England to anchor her
presentation, the author offers a thorough investigation of the
existing framework of carriage law, the applicable rules of private
international law, and the options provided by choice of law based
on contractual conditions. In the course of the analysis all
essential issues are scrutinized, including the following: ‒
whether the modes of transport to be used may be left open by the
contract; ‒ time bars on protest and litigation and when they
commence; ‒ carriage documentation; ‒ liability of the carrier for
subcontractors; ‒ planning for 'friction costs'; ‒ rules on
jurisdiction and the resulting forum shopping practice; ‒ instances
where conventions overlap, or when no existing carriage regime
applies; ‒ damage or loss that occurs at the point where one
unimodal regime ends and another begins; ‒ damage or loss brought
about by multiple causes; and ‒ rights and obligations attached to
delivery. No comparable treatise exists on which rules may govern
international multimodal contracts for the carriage of goods and
under what conditions they will do so, and this book is thus an
indispensable asset to the work of any practitioner or official
connected with international transport. In addition, the author
presents a detailed review of the various drafts and propositions
that have been on offer in recent years, and submits a
well-thought-out proposal for a set of multimodal transport rules
to alleviate the difficulties that currently plague this area of
carriage law.
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