Dilemmas and Optimisation Ideas for Liability Division in International Cargo Multimodal Transport

Abstract

This paper studies the dilemma and optimisation ideas of liability division in international cargo multimodal transport. It will not provide new empirical data but will collect existing legal and policy research on multimodal liability systems to clarify how uniform, network and modified systems distribute responsibility, and where practical and doctrinal gaps exist. First, the discussion will review the current system of unimodal conventions, regional agreements and contractual rules governing loss, damage and delay in door-to-door multimodal carriage, and point out problems such as unpredictability, recourse and fragmented liability. Then it will examine the main ways of liability division for multimodal transport operators (MTOs), such as uniform, network and modified systems, and refer to instruments such as the 1980 MT Convention proposals, UNCTAD/ICC Rules, the Rotterdam Rules and regional initiatives in Europe and Eurasia. Based on academic research and the recommendations of the UN, this paper identifies problems with unlocalised damage, overlapping regimes, limitation levels and contractual allocation. Therefore, any optimisation of liability division should consider the legal certainty, fairness to the interests of the cargo, and feasibility for carriers and insurers. The paper proposes a system of reforms for liability rules in the conclusion, which includes a clearer default mechanism, harmonised recourse arrangements, and improved integration of multimodal contracts with underlying unimodal conventions; however, it does not expect immediate global uniformity.