UNITED NATION CONVENTION ON INTERNATIONAL MULTIMODAL

TRANSPORTATION OF GOODS

(Synopsis for the term paper towards the fulfilment of assessment in the subject of Commercial
Transactions)

Submitted By: Submitted To:

Raja Reeshav Roy Mr. Bipin Kumar
BA, LL.B Assistant Professor
III- Semester National Law University, Jodhpur

NATIONAL LAW UNIVERSITY, JODHPUR

SUMMER SESSION

(JULY- NOVEMBER 2017)

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 INTRODUCTION

 A contract involving carriage by more than one mode of transport is called multi-modal
transport. Containerization facilitated the growth of multi-modal transport contracts but is
not a necessity. Since the container revolution in the 1950s, multimodal carriage has
increased dramatically. Evidence of the popularity of multimodal transport is the
emergence and increase of multimodal terminals everywhere. Article 1.1 of the United
Nations Multimodal Convention defines multimodal transport as follows: “‘International
multimodal transport’ means the carriage of goods by at least two different modes of
transport on the basis of a multimodal transport contract from a place in one country at
which the goods are taken in charge by the multimodal transport operator to a place
designated for delivery situated in a different country.

 A brief history of the MTC is that The General Assembly of the United Nations, by
resolution 33/160 of 20 December 1978, decided that a conference of plenipotentiaries
should be convened to consider and adopt a convention on international multimodal
transport, and requested the Trade and Development Board of UNCTAD to consider the
appropriate date for the Conference. The United Nations Conference on a Convention on
International Multimodal Transport was convened, under the auspices of UNCTAD, at
the United Nations Office at Geneva. The first part of the Conference was held from 12 to
30 November 1979 and the resumed session from 8 to 24 May 1980 Representatives of
the following 77 members of UNCTAD participated in both parts of the Conference,
namely representatives of: Algeria; Argentina; Australia; Austria; Belgium; Brazil;
Bulgaria; Burundi; Byelorussian Soviet Socialist Republic; Canada; Chile; Colombia;
Cuba; Czechoslovakia; Denmark; Ecuador; Egypt; Ethiopia; Finland; France; Gabon;
German Democratic Republic; Germany, Federal Republic of; Ghana; Greece; Hungary;
India; Indonesia; Iraq; Ireland; Israel; Italy; Jamaica; Japan; Kenya; Lebanon;
Madagascar; Malawi; Malaysia; Malta; Mexico; Morocco; Netherland among others.

 International multi modal transport is one means of facilitating the orderly expansion of
world trade; The need to stimulate the development of smooth, economic and efficient
multimodal transport services adequate to the requirements of the trade concerned along

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 with The desirability of ensuring the orderly development of international multimodal
transport in the interest of all countries and the need to consider the special problems of
transit countries .The desirability of determining certain rules relating to the carriage of
goods by international multimodal transport contracts, including equitable provisions
concerning the liability of multimodal transport operators; and The need that this
Convention should not affect the application of any international convention or national
law relating to the regulation and control of transport operations. The main aim was to
look over the right of each State to regulate and control at the national level multimodal
transport operators and operations and The need to have regard to the special interest and
problems of developing countries, for example, as regards introduction of new
technologies, participation in multimodal services of their national carriers and operators,
along with factors such as cost efficiency thereof and maximum use of local labour and
insurance .The need to ensure a balance of interests between suppliers and users of
multimodal transport services; and The need to facilitate customs procedures with ~ due
consideration.
 Another important aim of this convention was to maintain a fair balance of interests
between developed and developing countries and an equitable distribution of activities
between these groups of countries which should be attained in international multimodal
transport; That consultation should take place on terms and conditions of service, both
before and after the introduction of any new technology in the multimodal transport of
goods, between the multi modal transport operator, shippers and shippers organizations
and appropriate national authorities; and to maintain the freedom for shippers to choose
between multimodal and segmented transport services and the liability of the multi modal
transport operator under this Convention should be based on the principle of presumed
fault or neglect.

STATEMENT OF PROBLEM

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o In the modern context of growing international trade between the countries and that too
through multimodal carriages, the United Nation Convention on International Multimodal
transportation of goods has gained much importance. An in depth analysis of the MTC
and the implementation procedure of it in various countries has made it more interesting
and has left open many questions regarding the rules and regulations related to it. From
time to time many of the questions related to various facets of this convention has been
raised by the member countries.

o From time to time many of the questions related to various facets of this convention has
been raised by the member countries. A very important question related to it is regarding
the intentional misstatements and or omissions from the side of parties and the liability of
the carrier in case of damage during the multimodal transportation of goods. There are
also different approaches to this multimodal transportation of goods which require much
more clarity compared to current scenario.

o In India The Multimodal Transportation of Goods Act, 1993 (MMTG) provides for the
regulation of Multimodal Transportation of Goods from any place in India to any place
outside India involving two or more modes of Transport on the basis of a single
Multimodal Transport Contract is present which needs to be strengthen further and needs
to be made consistent with that of MTC so that international multimodal transportation is
provided with more smoothness and clarity with regard to that of India.

RESEARCH OBJECTIVES

 To analyse United Nation Convention on International Multimodal Transportation of

goods.

 To identify liability for intentional misstatements or omissions.

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 To identify the problems related to United Nation Convention on multimodal
transportation of goods and suggest changes to make it more effective.

 To identify and analyse The carrier’s liability for damage to cargo in multimodal
transport.

 To identify and discuss the merits of the uniform liability system created by the MTC.

 To have an overall assessrnent of the MTC and discuss some of the solutions proposed to
deal with the remaining problem

RESEARCH QUESTIONS

 Whether the present model of multimodal transportation of goods is competent enough

and is able to regulate the international multimodal transportation of goods.

 Whether the current MTC requires amendments to its structure in order to make the
multimodal transportation of goods more smooth and efficient.

 Whether the current multimodal transportation act in India and the provisions of MTC is
consistent with each other and whether they are able to make the multimodal
transportation of goods in relation to international perspective in India a smooth process.

TENTATIVE CHAPTERIZATION

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o Introduction to united nation convention on international multimodal transportation of
goods.

o Problems faced by the makers of united nation convention on international multimodal

transportation of goods.

o Main provisions of united nation convention on international multimodal transportation

of goods..

o Carrier’s liability for damage to cargo in multimodal transport.

o Assessrnent of the MTC and discuss some of the various solutions proposed to deal with
the remaining problem

o Implementation of MTC in India

o Conclusion

o Bibliography

LITERATURE REVIEW

 Driscoll, William; Larsen, Paul B. "Convention on International Multimodal Transport of

Goods." Tulane Law Review 57.2 (1982-1983): 193-281.

This article written by William Driscoll and Paul B Larsen assesses the overall
functioning of the mtc and talks about this convention and loopholes associated with it in
great details.

 Denniston, Thomas R.; Gunn, Carter T.; Yudes, Alfred E. Jr. "Liabilites of Multimodal
Operators and Parties Other Than Carriers and Shippers." Tulane Law Review 64.Issues
2 & 3 (1989-1990): 517-542.

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 This article is on liabilities of the multimodal parties and opearators other than carrriers
and shippers and talks about importants aspect of transportation such as losses during sea
journey with great deatail and in a very informative manner.

 Gerald F. FitzGerarld "The United Nations Convention on the International Multimodal

Transport of Goods(1980)

This article written by prof. Gerald F Fitzgerald talks about the mtc convention in great
deatil with respect to international business. The article along with MTC deals with other
convention and treaties associated with multimodal transportation of goods . This is a
very important source of information while dealing with this particular subject.

 M. Casson, ''The Growth of International Businesst (Boston: George Allen & Unwin,
1983

This article by prof. Casson traces the international business and the movement of goods
along the borders. The article tells us about the emergence of international law in this
regard and evolution of multimodal transportation of goods.

 Porter, James H. "Multimodal Transport, Containerization, and Risk of Loss." Virginia

Journal of International Law 25.1 (1984): 171-210

This article by Prof. James H porter deals with the multimodal transporatation of goods
with special emphasis on sea carriage along with different facets of multimodal
transportation such as contnerization and risk of loss along with emphasis on liability of
parties and losses assoicaited with it.

RESEARCH METHODOLOGY

SUBJECT- Commercial Transactions

TOPIC- United Nation Convention on International Multimodal transportation of goods

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The method of research which will be opted by me in this project will be doctrinal research from
both primary and secondary sources. Majority of research work has and will been done via
Articles, Case Laws, Treaties, Statutes and Case Laws available in online databases. Other
sources like various works by learned authors will also be referred

BIBILOGRAPHY

Articles

 Driscoll, William; Larsen, Paul B. "Convention on International Multimodal Transport of

Goods." Tulane Law Review 57.2 (1982-1983): 193-281.
 Denniston, Thomas R.; Gunn, Carter T.; Yudes, Alfred E. Jr. "Liabilites of Multimodal
Operators and Parties Other Than Carriers and Shippers." Tulane Law Review 64.Issues
2 & 3 (1989-1990): 517-542.
 Gerald F. FitzGerarld "The United Nations Convention on the International Multimodal
Transport of Goods(1980)
 M. Casson, ''The Growth of International Businesst (Boston: George Allen & Unwin,
1983.
 Erik Chrispeels, "The United Nations Convention on International Multimodal Transport
of Goods :Background Note" (1981)
 Crowley, Michael E. "The Limited Scope of the Cargo Liability Regime Covering
Carriage of Goods by Sea: The Multimodal Problem." Tulane Law Review79.Issues 5&6
(2005): 1461-1504
 Porter, James H. "Multimodal Transport, Containerization, and Risk of Loss." Virginia
Journal of International Law 25.1 (1984): 171-210
 Lynch, Jim. "Introductory Note to the United Nations Convention on Contracts for the
International Carriage of Goods Wholly or Partly by Sea." International Legal
Materials 48.3 (2009): 657-690.

International Treaties

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 The Rotterdam Rules, Rotterdam 23 September 2009

 United Nation Convention on International multimodal transportation of goods (Geneva)

1980.

 UNCTAD/ICC Rules for Multimodal Transport Documents (URM)

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