Arrangements of intermodal transport in the field of conflicting conventions

The continuing advance of containerization emphasizes the need for a more uniform legal approach to international intermodal transport. With the current lack of a uniform instrument regulating such transport, the next best solution - both in legal theory as well as in practice - seems to be the broadly accepted network system knitting the existing unimodal transport regimes together. However, problems arise in reconciling the principles of the network system with the more desirable uniform approach of multimodal transport operations. This article looks at the `maritime plus' approach in the UNCITRAL/CMI Draft Instrument against the backdrop of the scope rules of the existing unimodal transport conventions, and the CMR Convention in particular

Intermodal transport under unimodal arrangements

When it comes to determining the applicable legal regime in relation to cargo claims multimodal carriage contracts generate ample work for the judiciary. Due to the unimodal orientation of the existing uniform carriage law and the differences in opinion as to how their scopes of application are to be interpreted the question which legal regime applies is not easily answered. Especially the CMR which regulates international road carriage has been a focalpoint for many a discussion in this light. In the article issues such as the CMR's scope of application and the consequences of its jurisdiction rules are discussed in relation to multimodal carriage