The Contract of Carriage - multimodal transports and unimodal regulations [PhD] (completed)
In an international setting, the carrier’s liability for goods carried is regulated by international conventions. Traditionally, such conventions are unimodal, i.e. regulate carriage by one single mode only. With the development facilitating multimodal transports, legal issues have arisen as to the applicability of these conventions to carriage performed under a multimodal contract of carriage.
About the project
The Phd project is conducted by Paula Linnea Bäckdén. To a large extent these conventions apply to contracts of carriage (rather than performance) by a certain mode of transport. In this project the applicability of the Hague-Visby Rules, the Montreal convention, the CMR convention, the COTIF-CIM convention as well as the Rotterdam Rules are scrutinised and the contract of carriage is analysed from a law of contracts point of view.
The primary research question is: To what extent can unimodal transport of goods conventions be applied to transports carried out under a multimodal transport contract?
The secondary research question is: To what extent can contracts that provide for more than one mode of transport or are in fact carried out by more than one mode of transport be considered a contract for the carriage of goods by a particular mode of transport?
In the project, the applicability of the said conventions are closely analysed and discussed. Further, the law of contracts in general, and the interpretation of contracts in particular, is examined, both as regards civil law, primarily represented by Nordic law, as as regards common law, represented by English law.
Paula Linnea Bäckdén will finalise her Phd project during 2016.