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Study Papers | Law | China | Volume 13 Issue 1, January 2024 | Popularity: 5 / 10

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Study on the Necessity of Drafting a New Convention for International Multimodal Transport in the Context of the Belt and Road Initiative

Youa Narou, Han Lixin

Abstract: The International Multimodal transport?s actual relevance lies in its ability to provide efficient, integrated or coordinated operation between the different modes of transports involved, especially when it comes to operations going beyond established political boundaries. China?s Belt and Road Initiative is a vast transcontinental development project which carries in itself, a multimodal component and aims to promoting and improving global connectivity among nations across the continents of Asia, Africa, America and Europe. From a legal perspective, there is still, to date, no international legal liability regime in force to govern multimodal transport contracts. However, the current legal framework consists of a complex formation of mandatory International Unimodal Transport Conventions designed to regulate Carriages by Sea, Air, Road, Rail respectively, various regional/sub-regional agreements, and standard form contracts. Besides, there are also national legislations concerning international multimodal transport system, where there is a wide range of fragmented laws. However, the International Conventions that provide regulations for the international multimodal transport are not in force: the 1980 UN Convention and the 2008 Rotterdam Rules. Therefore, a question arises: what kind of legal regime should govern the multimodal transport aspect of the Belt and Road? This research was carried out in order to brainstorm what type of legal framework to provide and suitable to implement for international multimodal transport in the Belt and Road Initiative context. A call for a redefined system through a new Convention for the multimodal aspect of the Belt and Road Initiative is needed. The suggested liability system for multimodal transport of the Belt and Road Initiative is one that shifts the focus from mixed contract approach, to sui generis approach. This actually stems from the need to reconsider and redefine the nature of multimodal transport contracts. From a standpoint of the Belt and Road Initiative, adopting a sui generis approach would be a step forward in finding the solution to different problems brought up by the diversification of unimodal Conventions. Finally, in order for the new Convention to be successful, it is suggestedfor it to adopt a distributive approach when it comes to the applicable regulations concerning important matters in a multimodal transport contract in the Belt and Road Initiative.

Keywords: New Convention; International Multimodal Transport; Belt and Road Initiative

Edition: Volume 13 Issue 1, January 2024

Pages: 137 - 143

DOI: https://www.doi.org/10.21275/SR231231142657

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