국제복합운송계약에서 로테르담 규칙의 적용상 문제점에 관한 연구

A Study on Problems Arising from Application of the Retterdam Rules under International Multimodal Transport Contracts

The continuing advance of multimodal transport with the importance for efficient and effective logistics management emphasizes the need for uniform legal approach to international multimodal transport. However, the current fragmented instrument regulating such transport is being an obstacle to development of multimodal transport as it aggravates confusion and uncertainty. The Rotterdam rules, which was adopted in December 2008 by UNCITRAL, expands its scope of application to door-to-door transport. However, the new rules has some problems in its application to multimodal transport operation as it has been conceived not to regulate general multimodal carriage but to regulate contract of carriage by sea that extends its services to the transport by other modes. This article examines conflict of conventions in the Rotterdam Rules. The applicability of the Rotterdam Rules in international multimodal transport contract and possibility of potential conflict with other transport conventions are analyzed with some hypothetical cases. Furthermore, problems arising from application of the Rotterdam Rules under international multimodal transport Contracts are indicated in the chapter IV.