Multimodal Aspect of the Rotterdam Rules: a critical analysis of the liability of the MTO

Abstract: The aim of this work is to critically examine the multimodal aspect of the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (the Rotterdam Rules), in order to determine if the Convention would, in practice, bring the long desired legal uniformity and an overall beneficial environment for the shipping industry. The focus is on the liability provisions of the Convention, as compared to the regulations currently in vigour and to the previous regulatory attempts to regulate multimodal carriage. The study focus on the basis of the carrier´s liability, the liability system and limitation of liability, as well as the new position of the sub-carriers (referred to as performing parties) in the new Convention. The analysis of hypothetical scenarios will show how the Rotterdam Rules will affect specific cases, while pointing out the positive and negative aspects of its provisions in practice.