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postgraduate thesis: Effectiveness of the Rotterdam Rules in multimodal transport : a critical evaluation

TitleEffectiveness of the Rotterdam Rules in multimodal transport : a critical evaluation
Authors
Issue Date2012
PublisherThe University of Hong Kong (Pokfulam, Hong Kong)
Citation
Li, K. [李家樂]. (2012). Effectiveness of the Rotterdam Rules in multimodal transport : a critical evaluation. (Thesis). University of Hong Kong, Pokfulam, Hong Kong SAR. Retrieved from http://dx.doi.org/10.5353/th_b5217410
AbstractEach mode of transport has their limitation but multimodal transport which combines various transport modes is an alternative solution to breakthrough such limitation by way of synergy. To achieve such synergy, containerization and electronic commerce are, inter alia, the two indispensible factors for the rapid development of the multimodal transport. In the modern supply chain operation, containerization facilitates the interchange of goods among different transport modes whereas electronic commerce expedites the documentation flow in a more efficient and secured manners. As a result, multimodal transport has become more efficient than ever so as to create a room for lower transportation cost and shorter travelling time. Nevertheless, it is observed that the prevailing liability system of the multimodal transport, in which, not a single and uniform convention for the international multimodal transport has been in place, is unable to keep pace with the astonishing growth of the multimodal transport. This results in unpredictability and uncertainty as to the obligation and liability of all the parties including shippers, multimodal transport operators, carriers and insurance companies. This paper discusses the effectiveness of the Rotterdam Rules which is a maritime-plus convention in multimodal transport to which many attempts such as the Multimodal Transport Convention 1980 and the UNCTAD/ICC Rules have been taken. To evaluate such effectiveness, a comparative study has been adopted that incorporates three aspects, namely the horizontal comparison with the Hague-Visby Rules and the Hamburg Rules, the vertical comparison with the Multimodal Transport Convention 1980 and the UNCTAD/ ICC Rules and the harmonization comparison with the multimodal aspects of other unimodal conventions. Regarding the first two horizontal and vertical comparisons, they are made on the basis of five multimodal parameters including door-to-door delivery, intermodality, just-in-time delivery, containerization and electronic commerce. Furthermore, a common law case “Quantum Corp Inc and others v Plane Trucking Ltd and another” is selected for the case study on how well the Rotterdam Rules tackled the typical issues of unspecific or optional carriage contracts in the multimodal transport if they were put in the real operation. The results show that the “Outward Approach” adopted in the Rotterdam Rules is a feasible alternative different from the traditional “Inward Approach” to regulate the multimodal transport. Besides, in view of the recourse action for unlocalized damages, the use of maritime-basis liability amount is seen as the fair balance of interest and risk among the stakeholders. In the comparative and case studies, it is found that the general results are Expand, Possess, Harmonize and Apply (EPHA) in the respective areas of the comparisons and case analysis. On the whole, the Rotterdam Rules are viewed as an effective convention in multimodal transport.
DegreeMaster of Arts in Transport Policy and Planning
SubjectTransportation
Dept/ProgramTransport Policy and Planning
Persistent Identifierhttp://hdl.handle.net/10722/199873

 

DC FieldValueLanguage
dc.contributor.authorLi, Kar-lok-
dc.contributor.author李家樂-
dc.date.accessioned2014-07-23T23:12:28Z-
dc.date.available2014-07-23T23:12:28Z-
dc.date.issued2012-
dc.identifier.citationLi, K. [李家樂]. (2012). Effectiveness of the Rotterdam Rules in multimodal transport : a critical evaluation. (Thesis). University of Hong Kong, Pokfulam, Hong Kong SAR. Retrieved from http://dx.doi.org/10.5353/th_b5217410-
dc.identifier.urihttp://hdl.handle.net/10722/199873-
dc.description.abstractEach mode of transport has their limitation but multimodal transport which combines various transport modes is an alternative solution to breakthrough such limitation by way of synergy. To achieve such synergy, containerization and electronic commerce are, inter alia, the two indispensible factors for the rapid development of the multimodal transport. In the modern supply chain operation, containerization facilitates the interchange of goods among different transport modes whereas electronic commerce expedites the documentation flow in a more efficient and secured manners. As a result, multimodal transport has become more efficient than ever so as to create a room for lower transportation cost and shorter travelling time. Nevertheless, it is observed that the prevailing liability system of the multimodal transport, in which, not a single and uniform convention for the international multimodal transport has been in place, is unable to keep pace with the astonishing growth of the multimodal transport. This results in unpredictability and uncertainty as to the obligation and liability of all the parties including shippers, multimodal transport operators, carriers and insurance companies. This paper discusses the effectiveness of the Rotterdam Rules which is a maritime-plus convention in multimodal transport to which many attempts such as the Multimodal Transport Convention 1980 and the UNCTAD/ICC Rules have been taken. To evaluate such effectiveness, a comparative study has been adopted that incorporates three aspects, namely the horizontal comparison with the Hague-Visby Rules and the Hamburg Rules, the vertical comparison with the Multimodal Transport Convention 1980 and the UNCTAD/ ICC Rules and the harmonization comparison with the multimodal aspects of other unimodal conventions. Regarding the first two horizontal and vertical comparisons, they are made on the basis of five multimodal parameters including door-to-door delivery, intermodality, just-in-time delivery, containerization and electronic commerce. Furthermore, a common law case “Quantum Corp Inc and others v Plane Trucking Ltd and another” is selected for the case study on how well the Rotterdam Rules tackled the typical issues of unspecific or optional carriage contracts in the multimodal transport if they were put in the real operation. The results show that the “Outward Approach” adopted in the Rotterdam Rules is a feasible alternative different from the traditional “Inward Approach” to regulate the multimodal transport. Besides, in view of the recourse action for unlocalized damages, the use of maritime-basis liability amount is seen as the fair balance of interest and risk among the stakeholders. In the comparative and case studies, it is found that the general results are Expand, Possess, Harmonize and Apply (EPHA) in the respective areas of the comparisons and case analysis. On the whole, the Rotterdam Rules are viewed as an effective convention in multimodal transport.-
dc.languageeng-
dc.publisherThe University of Hong Kong (Pokfulam, Hong Kong)-
dc.relation.ispartofHKU Theses Online (HKUTO)-
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.rightsThe author retains all proprietary rights, (such as patent rights) and the right to use in future works.-
dc.subject.lcshTransportation-
dc.titleEffectiveness of the Rotterdam Rules in multimodal transport : a critical evaluation-
dc.typePG_Thesis-
dc.identifier.hkulb5217410-
dc.description.thesisnameMaster of Arts in Transport Policy and Planning-
dc.description.thesislevelMaster-
dc.description.thesisdisciplineTransport Policy and Planning-
dc.description.naturepublished_or_final_version-
dc.identifier.doi10.5353/th_b5217410-
dc.date.hkucongregation2012-

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