Analysis of the Significant Basic Fundamental Structures of the Laws on Carriage of Goods by Sea and Multimodal Transport

Abstract

The main purpose of this research was to analyze the significant fundamental structures shared by the laws on carriage of goods by sea and multimodal transport under 8 international conventions, international agreement and Thai laws, namely the Hague Rules, Hague-Visby Rules, Hamburg Rules, Rotterdam Rules, MT Convention 1980, ASEAN Framework Agreement, Carriage of Goods by Sea Act B.E. 2534, and Multimodal Transport Act B.E. 2548. The analysis employs the comparison matrix method as a tool to present the overall picture of the significant fundamental structures shared by the 8 bodies of law, as well as the substance and the important principles of such fundamental structures. The results indicated that the 8 bodies of law above share 14 significant structures, i.e. definitions, scope of application, transport document, shippers’ obligations and rights, shippers’ liability, dangerous goods, carrier’s obligations and rights, carrier’s liability, period of responsibility, limitation of liability, exclusion of liability, vicarious liability, Himalaya clause, and prescription. The study of these structures, using the flowchart as a tool in the analysis will help ease the understanding of these laws and require lesser time considering the laws whenever there is an issue in question.