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The liability of the international multimodal transport operator for loss of or damage to the goods carried under a multimodal transport contract

Arbabi, Masoud (1991) The liability of the international multimodal transport operator for loss of or damage to the goods carried under a multimodal transport contract. Doctor of Philosophy (PhD) thesis, University of Kent. (doi:10.22024/UniKent/01.02.86091) (KAR id:86091)

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Official URL:
https://doi.org/10.22024/UniKent/01.02.86091

Abstract

Multomodal transport of goods has increasingly developed from about three decades ago when container transport system came into existence. At the present time there is no operative convention to govern different legal aspects of the international multimodal transport of goods contracts including the multimodal transport operator's (MTO's) liability for loss of or damage to the goods.

This thesis, therefore, attempts to consider the MTO's liability for loss of or damage to goods carried under a multimodal transport contract at the present time and in the future when the 1980 United Nations Multimodal Transport of Goods Convention comes into force. Since multimodal transport operations are mainly fulfilled through the use of containers, the MTO's liability is necessarily, therefore, considered in relation to the problem caused by container transport, i.e. the container-package problem, so that a special attention is given to that problem. To shed light on the container-package problem it was thought that the best way is to consider the courts' views in some countries which have a significant role in maritime and container transportation such as the U.S.A. and the U.K.

Chapter one of this thesis deals with definition, history, aim and importance of multimodal transport of goods. The MTO's liability for loss of or damage to the goods at the present time has been considered in chapters two, three and four. Chapter five deals with some problems which can be particularly posed in relation to multimodal transport contracts. The MTO's liability for loss of or damage to the goods under the 1980 U.N. Multimodal Transport Convention is dealt with in chapter six. Chapter seven makes a comparison between the MTO's liability for loss or damage to the goods at the present time and when the 1980 U.N. Convention comes into force. This is followed by a conclusion at the end.

Item Type: Thesis (Doctor of Philosophy (PhD))
DOI/Identification number: 10.22024/UniKent/01.02.86091
Additional information: This thesis has been digitised by EThOS, the British Library digitisation service, for purposes of preservation and dissemination. It was uploaded to KAR on 09 February 2021 in order to hold its content and record within University of Kent systems. It is available Open Access using a Creative Commons Attribution, Non-commercial, No Derivatives (https://creativecommons.org/licenses/by-nc-nd/4.0/) licence so that the thesis and its author, can benefit from opportunities for increased readership and citation. This was done in line with University of Kent policies (https://www.kent.ac.uk/is/strategy/docs/Kent%20Open%20Access%20policy.pdf). If you feel that your rights are compromised by open access to this thesis, or if you would like more information about its availability, please contact us at ResearchSupport@kent.ac.uk and we will seriously consider your claim under the terms of our Take-Down Policy (https://www.kent.ac.uk/is/regulations/library/kar-take-down-policy.html).
Uncontrolled keywords: Law; transport; commerce
Subjects: K Law > K Law (General)
K Law > KZ Law of Nations
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
SWORD Depositor: SWORD Copy
Depositing User: SWORD Copy
Date Deposited: 29 Oct 2019 16:28 UTC
Last Modified: 22 Nov 2021 15:23 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/86091 (The current URI for this page, for reference purposes)
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