Compatibility between International Air and Shipping Law Conventions: Multimodal Transport including Air and Sea Legs

서지정보

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· 수록지 정보 : 한국해법학회지 / 40권 / 2호 / 337 ~ 380페이지
· 저자명 : 이안의

초록

The Warsaw Convention was originally designed to govern the international unimodal air transportation. An airport offers spatial and temporal background where the air law convention is applicable. However, as to the case that a contract for carriage of goods by air includes inland transportation, extensibility of the air law convention has been controversial regarding the functional interpretation of the terminology, airport. The amendment in the Montreal Convention left more room for the functional interpretation. Notwithstanding, with regard to an air waybill including land segment, an individual jurisdiction may take an independent position on it. For example, UK court sees the scope of the airport strictly within the geographic meaning, whereas US court is open to the functional interpretation of the terminology, airport.
The shipping law conventions including Hague and Hague-Visby Rules and Hamburg Rules, although the detailed scope of applicability is different each other, are applicable only to the sea segment. By contrast, Rotterdam Rules opened the gate of door-to-door applicability in terms of the multimodal transport including the sea leg. From the view of shipping law conventions, the scope of the international conventions has something to do with which convention is applicable.
While an international convention for the law applicable to the multimodal transport has not set into force, whether an air law convention or a shipping law convention may cover the door-to-door including air and sea segment or how far each convention is applicable from the view of the geography are problematic. It depends on compatibility of air and shipping law conventions, type of the transport document and its terms and conditions, and local law governing the transportation according to the law of the jurisdiction. This article will shed light on the compatibility between air and shipping law conventions and their scope and limit of applicability to find a law governing the multimodal transport including air and sea leg.

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