The Impact of CMR on Multimodal Transport
pages 149 - 168
ABSTRACT:

International multimodal transport has become more important in recent years and it is hard to find multimodal transport without a road leg. The contract of carriage in international carriage of goods by road is governed by an international convention known as Convention on the Contract for the International Carriage of Goods by Road (CMR). Article 2 of this convention contains rules for multimodal transport. Even though the provision of Article 2 CMR was adopted more than 50 years ago, there are still some uncertainties regarding this provision. Because of these uncertainties the application by courts and the opinions of scholars differ from country to country. Courts and scholars are also not unanimous in their answer to the question of whether the Article 2 CMR is the only provision of this convention applicable on the multimodal contracts. However, the impact of the CMR on multimodal transports goes beyond Article 2. This convention has influence on national legislation or new international conventions for example, such as the Rotterdam Rules. The Rotterdam Rules try to reduce the gap that exists because of the lack of international convention in force which deals with multimodal transports. Questions concerning the potential collision between the CMR and the Rotterdam Rules could be one of the reasons why most of the countries do not yet want to ratify this new convention.

keywords
Carriage of goods by road
international carriage of goods
multimodal transport
liability of the carrier
carrier
consignee
CMR
Hague Rules
Hague-Visby Rules
Rotterdam Rules
Hamburg Rules
private international law
choice-of-law norm
roll-on/roll-off transport
Piggyback transport
container
road vehicle
trailer
semi-trailer
RoLa
about the authors

JUDr. Jiří Lojda, LL.M. EUR., Ph.D. (born 1985) has been interested in transport law since his master studies at Charles University in Prague. Besides transport law, he is also active in the field of private international law (specifically European law relating to maintenance obligations). The author graduated from Charles University in Prague and Ludwig -Maxmilians - Universität in Munich. He also spent several months at the Scandinavian Institute for Maritime Law in Oslo during his doctoral studies.

e-mail: jiri.lojda@email.cz