Uniform International Law on the Carriage of Goods by Sea: Recent Trends Toward a Multimodal Perspective

Abstract

This paper focuses on the evolution of the regulation of the international transport of goods by sea with particular reference to the issues connected to multimodal transport. In the current economic context international maritime transport is more and more frequently a mere phase in a complex multimodal transport operation, but this is not specifically regulated by any international convention currently in force; furthermore, the analysis of the relevant comparative case law demonstrates that national courts are uncertain as to what is the applicable regime of liability for the multimodal transport operator. Although the new Rotterdam Rules are not revolutionary, for the first time they provide a regime concerning the liability of the sea carrier which specifically takes into consideration the development of sea transport into a “multimodal perspective” and they fill the gaps left open by the international conventions currently in force. In this perspective the authors would like to see the Rotterdam Rules being promptly ratified by the major maritime States in order to (at least partially) resolve the situation of uncertainty that characterizes the subject of multimodal transport.