Reguły rotterdamskie a unimodalne konwencje przewozowe

Abstrakt

The aim of the article is to present the problem of potential conflicts between a new Convention of Contracts for the International Carrying of Goods Wholly or Partly by Sea (?the Rotterdam Rules?) and the binding unimodal transport conventions. The Rotterdam Rules are called ?a maritime plus convention? because they break with unimodal tradition and include ?carriage by other modes of transport in addition to sea carriage?. The idea in the new Convention is that it shall apply door-to-door, regardless of the mode of transportation, as long as an international sea leg is involved. This broad scope of application of Rotterdam Rules carries a risk of conflicts with unimodal transport conventions which regulate carriage by air, road carriage, carriage by rail and carriage by inland water. The new convention includes some conflict rules, but in the author?s opinion they are not sufficient. The main problem is that the Rotterdam Rules are based on the notion that in general unimodal conventions ? except those which concern air carriage ? cannot be applied to any part of multimodal transport autonomously. It means that, for example, according to the designers of the Rotterdam Rules, the Convention on the Contract for the International Carriage of Goods by Road does not apply when a carrier undertakes to carry goods by road in a vehicle and some other means of carriage. However, this concept is not unanimously accepted in Europe and an opposite view has at least as much support. The author is of the opinion that those potential conflicts between the Rotterdam Rules and unimodal conventions may discourage some countries from ratifying the new Convention.