ABSTRACT

This chapter discusses the relationship between the unimodal conventions, and the multimodal contract of carriage. From the general presentation of the liability regimes in force above, it appears that the regulation of the carrier’s liability is basically unimodal. The emergence of multimodal contracts has triggered the question of whether the unimodal conventions are at all applicable to multimodal contracts of carriage. Most unimodal conventions regulate not only the carrier’s liability during transport as such, but also the carrier’s liability during loading and unloading. The legal uncertainty appears to be twofold. On the one hand there is a substantial inadequacy relating to the application of the network system, a system that is far from seamless. On the other hand, there is legal uncertainty caused by legal developments in precedence and doctrine. However, before accepting this latter status quo, the arguments brought forward should be scrutinized.