로테르담 규칙상 복합운송에 대한 적용상 문제점

The Problems on Application of Multimodal transportation in the Rotterdam Rules

The Hague and Hague-Visby Rules, Hamburg Rules were limited in their application strictly to marine transportation. Now that containerized transportation has become routine, it is common for the carrier to assume responsibility for an entire transport from the place of original shipment to the final destination. Therefore, A single coherent liability regimes that covers the entire period of transport without the “tackle to tackle" or “port to port" limitation is more logical from a legal perspective and more efficient from a practical perspective. The Rotterdam Rules have applied a “limited network system". The Rotterdam Rules article 26 are to examine the important aspects to see how the limited network system operates in practices. Although the limited network system largely resolved the concern over any potential conflict of conventions, article 82 eliminates the possibility that in some specific situations a contracting state under both another international convention and the Rotterdam Rules could face in compatible obligations. Therefore, the main purpose of this study is to analyse the Rotterdam Rules article 26 and article 82, to suggest the practical problems on the application of the Rotterdam Rules article 26 and article 82 in multimodal transport. The suggestions as a conclution are ① lilmit of Rotterdam Rules in appling multimadal transport, ② uncertainity of appilcation rules in multimadal transport, ③ lndetermination of carrier' liability limitation, ④ the compulsory application of Rotterdam Rules article 26 and article 82, ⑤ the dual translation of Rotterdam Rules article 26.