3International multimodal transport of UN Convention 1980: “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 in a different country”MTO (multimodal transport operator)MT documentObjectives of MT: time, cost, procedure
4I- General2- MT: historyMT: not new, it’s the mergence of transport modes add with applying new technology of goods «unitization»
6- Associating with container revolution basic for MT’development I- General2- MT: history- Associating with container revolution basic for MT’developmentMalcom Mclean – director of Sealand Service Inc. (American)
7I- General2- MT: historyThe development of container maked the impetus for the MT, a lot of lines have been containerized
83- MT in all over the world 3.1- North American (NA)There’re 4 lines: NA-Europe; NA-Asia; Caribbean islands-America; Great Lakes-Canada- MT means lengthen seaway line (>500 miles compared with waterway)All large maritime transport companies (APL) hold shares in rail sector, invest largely in seaport, rail and terminal system inland (Chicago, Minneapolis, Salt Lake)Key success: using landbridge and double stack train.
9Canada: CN (canadian nation) and CP (canadian pacific) CN and CP I- General3.1- North AmericaCanada: CN (canadian nation) and CP (canadian pacific)CN and CP
103- MT in all over the world 3.2- EuropeThe distance between seaport and inland place is short (auto);From the end of 1960, MT inherited achievements of railway container transport (Intercontainer, UIRR)MT have many kinds of road container; there have been many different forms of MT in the sustainable development strategySiberia Railway (landbridge): started being exploited in 1973, stopped in the end of 1980 and has turned back recently.
113- MT in all over the world 3.3- AsiaDevelopment later than in America and Europe but rather quickly with entrep«ts seaport: Hongkong, Singapore,…Japan and China strongly apply: the sea lines from Janpan to Russian coast, railway system to European countries. China have the management system through SINOTRANS (join venture with DHL, UPS, FEDEX, COSCO…)ASEAN: trans-asia way, law, training
124- Key elements of MT’s forming and development I- General4- Key elements of MT’s forming and development4.1- The development of transport technologyContainerization (unitization)Progress in transport technologyInformatic technology: EDI, transport cost, time
134.2- container revolution: I- General4.2- container revolution:Transhipment more easily, reduce transport’s timeIt’s required that container must be released quickly at tranship points – combining the modes in systemContainer is transformed to be suitable for tranportation by different modesWith respect to goods in container, difficult to specify the place where loss occured and the person who will be responsible for the problem
144.3 - The need of perfecting PD, logistics What is PD and logistics? I- General4.3 - The need of perfecting PD, logisticsWhat is PD and logistics?Transport cost in this process? solution: MT through Hub system (figure)
164.4 - World trade’s development I- General4.4 - World trade’s developmentInternational commercial relations – international transportThe demand of transport goods in all over the world
17However, to invest largely in infrastructure!!! I- General5- Effective of MTThe only clue (through MTO)Delivery’ timeCostSimplify documents and procedureUsing vehicles wellNew transport serviceHowever, to invest largely in infrastructure!!!
181- The customs’conventions II- MT regulations1- The customs’conventionsImportant role of customs for MT’developmentRelated conventions:+ conventions relating to transit of landlocked countries+ conventions relating to international transport goods via TIR system+ conventions concerning international transport (has not been valid yet)
19+ Customs’Convention relating to container transport II- MT regulations+ Customs’Convention relating to container transport+ International convention for simplifying and harmonising the systems relating to customs’ procedure (Kyoto Convention)
202 - Conventions relating directly to MT II- MT regulations2 - Conventions relating directly to MTNo international convention which is validUN Convention with regard to international MT 1980, the number of countries which approved hasn’t been enough (10)The rule with regard to MT documents of UNCTAD/ICC 1992 is applied freely3 - Conventions adjusting other modes of transportConventions adjusting BL and seaway transport: Hague, Hague-Visby, HamburgCMR, clause 2: apply for road-sea, road-railCIM/COTIF, clause 1Warsaw Convention , clause 31
21III- Process of carrying goods by MT MT chainCombinations for MTDocuments in MTMTOMTO’s responsibilitiesComplain to MTO
221- MT chainA lot of people concerning in this chain: shipper; carrier; forwarder; agent; warehouse…The elements of this chain: goods’ units (container, pallet, swap-bodies, EILU,…), modes of transport
242- Combinations of MT (figure) 2.1- Combination with air transport- air-sea transport: take full advantage of speediness of air transport and cheap carriage of sea transport (optimize sea transport in short lines, eg: Vietnam –Hongkong- America); Air Canada – the first firm which operated such voyage from Japan – Europe to VancouverHub air-sea: Hongkong, Singapore, Dubai, Seatle, Los-AngelesAir-road transport: pick-up serviceAir-rail transport: developed countries which have systems of railway connecting with airport
252.2- Landbridge (mini-bridge, micro-bridge) One of the most profound development of integrating modes of transportWhat is a landbridge transport?It’s transport inland (by railway) which ought to have been carried out on sea and railway play the part of landbridgeEffect: shorten the stretch and reduce the time of transport2 great landbridges of the world: trans-Siberia and trans-America railway
262.2- Landbridge (mini-bridge, micro-bridge) Trans-siberia lanbridgeLandbridge of America
27Trans-siberia: connect Europe-Asia but not through Suez (26. 000km-21 Trans-siberia: connect Europe-Asia but not through Suez (26.000km km km; 60 days-40days, 1987), has developed just from 1970, carried container connecting Parcific-Atlantuc, Baltic, there’re various modes of combination: sea-rail-road ; sea-rail-sea ; sea-rail-air-road (British Euro Container Transport Inc. applied in 1983: Japan-Siberia-Luxembourg-destination in Europe: door-door 15 days)Landbridge of America: the most effective one of the world (Singapore-NY: 36 days via Panama channel, 19 days via Seatle-NY; Yokohama-Rotterdam: km km), including landbridge passing Canada (MontrÐal, Vancouver, Halifax) and Mexico (Salina Cruz-Coatzacoalos)
30Apply a lot in Europe, America: trailer, swap-body, 2- Combinations of MT2.3- Piggy-backApply a lot in Europe, America: trailer, swap-body,Combination: security of railway + flexibility of road transport
31System of LASH, BACAT, BACO,… 2- Combinations of MT2.4- inland waterway-seaSystem of LASH, BACAT, BACO,…Interlighter has LASH arrived in Vietnam (1980)there has been LASH from Mississipi or Western Europe
323. MT documents"MT contract“: a contract whereby a MTO undertakes, against payment of freight, to perform or to procure the performance of international MT."MT document“: a document which evidences a MT contract, the taking in charge of the goods by the MTO, and an undertaking by him to deliver the goods in accordance with the terms of that contract.MT document which, at the option of the consignor, shall be in either negotiable or non-negotiable form.The MT document shall be signed by the MTO or by a person having authority from him.The signature on the MT document: in handwriting, printed in facsimile, perforated, stamped, in symbols, or made by any other mechanical or electronic means
333. MT documentsThey can be negotiable or non-negotiable, can be issued in the EDI form
343. MT documentsNegotiable MT document:+ must be issued to order or to bearer+note clearly the amount of original copy in the document- Non-negotiable document: straight document to a named person
353. MT documents Content: the same with B/L, 2 sides +general nature of cargo, marking…+outside situation of cargo+name and business address of MTO+name of shipper, consignee (if any)+place of receipt and delivery+indicate clearly if the MT is negotiable or non-negotiable+date anf place of issuie+MTO or his representative’s signature+carriage per mode of transport+voyage schedule…+…
363. MT documentsTypes of document:+FBL (FIATA);+COMBIDOC (BIMCO, used by VO-MTO);+MULTIDOC (UN);+B/L for combined transport or port to port shipment
374- MTOMTO: any person who on his own behalf or through another person acting on his behalf concludes a multimodal transport contract and who acts as a principal, not as an agent or on behalf of the consignor or of the carriers participating in the multimodal transport operations, and who assumes responsibility for the performance of the contract.
384- MTO4.1- VO-MTO (vessel operator MTO)Own vessels, extend activities door-to-door serviceThis type of MTO: not popular because of large investment to ships
394- MTO4.2- NVO-MTOCarrier who convey by other means (they are usually auto, rarely airplane or train) or other services also trade in door-to-door transport serviceThere’re 2 types: trade in services such as forwarding, agency,… and extend activities; they are real MTO who specialize in MT
404.3 – Criteria to become a MTO Financial ability: enough to compensate for damageProfessional ability: basic professional knowledgeInternational system of agencies and branches
415- MTO’s responsibilities There’s 2 systems of responsibilities:- Network liability system: voyage with several stages, there’s a fixed rule in each one- Uniform liability system: using only one system of liability throughout the voyagePursuant to the Convention and Rules of UNCTAD/ICC1992, the uniform liability system is applied
425.1- The basis of liability MTO: liable for loss resulting from loss or damage to the goods, as well as from delay in delivery, if the occurrence which caused the loss, damage or delay in delivery took place while the goods were in his charge, unless the MTO proves that he, his servants or agents or any other person referred took all measures that could reasonably be required to avoid the occurrence and its consequences.Delay in delivery: when the goods have not been delivered within the time expressly agreed upon or, in the absence of such agreement, within the time which it would be reasonable to require of a diligent MTO, having regard to the circumstances of the case.
435.1- The basis of liability If the goods have not been delivered within 90 consecutive days following the date of delivery determined: the claimant may treat the goods as lost.Delay in delivery: 90 consecutive days following the date of delivery determinedArcording to the Rules, there’re some exemption from liability: act, neglect or default of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship; Fire, unless caused by the actual fault or privity of the carrier
445.2- Period of responsibility The responsibility of the multimodal transport operator for the goods under this Convention covers the period from the time he takes the goods in his charge to the time of their delivery. Define what receive and delivery is?
455.3- Limitation of liability 5.3.1- UN Convention: 920 SDR/package2.75 SDR/kg Number of package where a container, pallet or similar article of transport is used to consolidate goods?
46No sea and waterway: 8.33 SDR/kg Delay: 2.5 times the freight payable for the goods delayed, but not exceeding the total freight payable under the MT contract
475.3.2- Arcording to UNCTAD/ICC Rules 1992 : 2 SDR/kgSDR/package or unit of cargo8.33 SDR/kg if no carriage by sea/water
486. Claim to MTO 6.1. UN Convention: Unless notice of loss or damage, specifying the general nature of such loss or damage, is given in writing by the consignee to the MTO not later than the working day after the day when the goods were handed over to the consignee, such handing over is prima facie evidence of the delivery by the MTO of the goods as described in the MT document.
496.1. UN Convention:Where the loss or damage is not apparent, notice in writing: 6 consecutive daysIf the state of the goods at the time they were handed over to the consignee has been the subject of a joint survey or inspection by the parties or their authorised representatives at the place of delivery: no notice in writing
50Time bar: 2 years and it may be extended 6.1. UN Convention:No compensation: unless notice has been given in writing to the MTO within 60 consecutive daysTime bar: 2 years and it may be extended
516.2. UNCTAD/ICC Rules:Unless notice of loss or damage, specifying the general nature of such loss or damage, is given in writing by the consignee to the MTO, such handing over is prima facie evidence of the delivery by the MTO of the goods as described in the MT document.
526.2. UNCTAD/ICC Rules Time bar: 9 months Where the loss or damage is not apparent, notice in writing has to be given within 6 consecutive days after the day when the goods were handed over to the consignee.Time bar: 9 months