국제화물운송계약에 대한 로테르담규칙의 적용과 실무적 유의점에 관한 연구

Applying the Rotterdam Rules under an International Transport Contract: What Problems Lie Ahead for Their Practical Use?

This paper delved into the practical factors that have to be examined when the Rotterdam Rules are enacted and effectuated as a unification treaty. The Rotterdam Rules which seeks the unification of the International Transport Law embraces the present customs of transport based on the law as much as possible. Since it inherits part of the Hague-Visby Rules and includes the Hamburg Rules, it pursues the unification of Maritime Transport Law in terms of carriage of goods by sea. Practically, this rule includes transport of containers and bulk cargo, accepts not only the imperative law of transport contract parties’ obligations and liabilities but also the exceptions. In addition, it regulates the principle of proportional liability under the proof of causation by distributing the burden of proof in a balanced way. As a practical action to the bill of lading crisis, it accepts the sea waybill as a transport document under the reflection of CMI Uniform Rules for the Sea Waybill and includes contents of contract of electronic transport record as a non-mandatory provision with the consensus of the contract parties.