국제화물운송계약에 대한 로테르담규칙의 적용과 실무적 유의점에 관한 연구

Abstract

This paper delved into the practical factors that have to be examined when the RotterdamRules are enacted and effectuated as a unification treaty. The Rotterdam Rules which seeksthe unification of the International Transport Law embraces the present customs of transportbased on the law as much as possible. Since it inherits part of the Hague-Visby Rules andincludes the Hamburg Rules, it pursues the unification of Maritime Transport Law in termsof carriage of goods by sea. Practically, this rule includes transport of containers and bulkcargo, accepts not only the imperative law of transport contract parties’ obligations andliabilities but also the exceptions. In addition, it regulates the principle of proportionalliability under the proof of causation by distributing the burden of proof in a balanced way. As a practical action to the bill of lading crisis, it accepts the sea waybill as a transportdocument under the reflection of CMI Uniform Rules for the Sea Waybill and includescontents of contract of electronic transport record as a non-mandatory provision with theconsensus of the contract parties.