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자료유형
학술저널
저자정보
저널정보
한국무역상무학회 무역상무연구 무역상무연구 제78권
발행연도
2018.5
수록면
1 - 29 (29page)
DOI
10.35980/KRICAL.2018.05.78.1

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This article demonstrates that both theWarsawConvention Systemand the Montreal Convention are not designed formultimodal transport, let alone for “Door to Door” transport. The polemic directed against the “Door to Door” application of theWarsawConvention systemand theMontreal Convention is predominantly driven by the text and the drafting philosophy of the said Contentions that since 1929 support unimodalism-with the rule that “the period of the carriage by air does not expend to any carriage by land, by sea or by inland waterway performed outside an airport” playing a profound role in restricting their multimodal aspirations.The drafters of theMontreal Conventionweremore adventurous than their predecessorswith respect to the boundaries of theMontreal Convention. They amended Art. 18(3) by removing the phrase “whether in an aerodrome or on board an aircraft, or, in the case of landing outside an aerodrome, in any place whatsoever”, however, they retained the first sentence of Art. 18(4). The deletion of the airport limitation fromArt. 18(3) creates its own paradox. The carrier can be held liable under theMontreal Convention for the loss or damage to cargowhile it is in its charge in awarehouse outside an airport. Yet, damage or loss of the same cargo that occurs during its surface transportation to the aforementioned warehouse and vice versa is not covered by the Montreal Convention fromthemoment the cargo crosses the airport’s perimeter. Surely, this result could not have been the intention of its drafters: it certainly does not make any commercial sense. I think that a better solution to the paradox is to apply the “functional interpretation” of the term“airport”. Thiswould retain the integrity of the text of theMontreal Convention,make sense of the change in the wording of Art. 18(3), and nevertheless retain the Convention’s unimodal philosophy.English courts so far remain loyal to the judgment of the Court of Appeal in Quantum, which constitutes bad news for the supporters of the multimodal scope of the Montreal Convention.According the US cases, any losses occurring during Door to Door transportation under an airwaybillwhich involves a dominant air segment are subject to the international air lawconventions. Any domestic rules thatmight be applicable to the road segment are blatantly overlooked. Undoubtedly, the approach of theUSmakes commercial. But this policy decision by arguing that the intention of the drafters of theWarsaw Convention was to cover Door to Door transportation is mistaken.Any expansion tomultimodal transport would require an amendment to the Montreal Convention, Arts 18 and 38, one that is not in the plans for the foreseeable future. Yet there is no doubt that air carriers and freight forwarders will continue to push hard for such expansion, especially in the USA, where courts are more accommodating.

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