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Chapter 17 Matters Not Governed by this Convention

Rotterdam Rules: A Practical Annotation

17 Matters Not Governed by this Convention Article 82. International Conventions governing the carriage of goods by other modes of transport Nothing in this Convention affects the application of any of the following international conventions in force at the time this Convention enters into force, including any future amendment to such conventions, that regulate the liability of the carrier for loss of or damage to the goods: (a) Any Convention governing the carriage of goods by air to the extent that such Convention according to its provisions applies to any part of the contract of carriage; (b) Any Convention governing the carriage of goods by road to the extent that such Convention according to its provisions applies to the carriage of goods that remain loaded on a road cargo vehicle carried on board a ship; (c) Any Convention governing the carriage of goods by rail to the extent that such Convention according to its provisions applies to carriage of goods by sea as a supplement to the carriage by rail; or (d) Any Convention governing the carriage of goods by inland waterways to the extent that such Convention according to its provisions applies to a carriage of goods without trans-shipment both by inland waterways and sea. NOTES [82-01] The Rotterdam Rules do not affect the application of other Conventions that regulate the liability of the carrier. All too frequently, States do not give full and complete effect to their obligations under Conventions to which they are contracting parties. They do not always denounce Conventions that clash with other Conventions to which they are already parties, they do not enact the Conventions properly, and do not make adequate or any arrangements for the transition from one Convention to another. As a result, gaps, confusion and conflicts in the law are inevitable. But the best endeavours of a State may still not prevent these occurrences. A gap could occur where, for example, a State ratifies the Rotterdam Rules and quite properly denounces a competing Convention; but the Rotterdam Rules themselves have not, or do not, come into force internationally. Confusion could occur when, for example, goods carried by road remain loaded on a road vehicle when undergoing sea carriage by ferry, or when goods are carried by ship without transhipment by both inland waterways and sea. If the carriage is between two States that are parties to conflicting Conventions that are in force, giving rise to different liabilities, the parties to a dispute are likely to engage in forum shopping. Chapter 17 attempts to prevent such occurrences. It does this by providing that the Rotterdam Rules leave intact the application of the network of other Conventions that provide for multimodal and unimodal carriage of goods.

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