Liability Of The Multimodal Transport Operator The Case Of Kosovo

Abstract

This paper gives a particular attention to the handling of the multimodal transport operator's liability in view of the new legislation in Kosovo, in terms of comparison with international legislation. From the research carried out in this area of transport, it has been found that, over the last decades, the international transport of goods has become more sophisticated and effective, and has increased rapidly because of the increased use of containers. Containers have advanced the flexibility to focus more on an integrated movement of goods instead of the movement specifically associated with a certain mode of transport. Unfortunately, this technical flexibility has been accompanied by a severe rigidity in the legal field in Kosovo as well. Although the transfer of goods from one type of transport to another type of transport has been greatly facilitated as a result of the container revolution, developments in the area of international and Kosovo legislation in the field of transport have not followed this pace. The recommendations on the necessity of a better regulation of the liability of the multimodal transport operator in the new legislation in Kosovo have been given at the end of this paper.

Ensuring Fair Compensation: Analyzing and Adjusting Freight Forwarder Liability Limits

“…Also, in the standard conditions of freight forwarders, there could be a limit to the freight forwarder's liability in the amount of 2 SDR, which corresponds to the limit on the carrier's liability in accordance with the convention's international rules for the international carriage of goods by sea, the Hague-Visby Rules [2]. In this case, the operator of multimodal transportation is liable for the cargo in accordance with the legal norms applicable to the part of the transportation route on which the damage occurred or for the entire transportation, if it is impossible to establish the location of the damage to the cargo [20].…”

Comparison of freight forwarder liability in selected countries of the European Union and selected countries of the Commonwealth of Independent States (CIS)

“…The responsibility of the multimodal transport operator is complicated due to the fact that it acts on behalf of its customer. His legal position in the multimodal transportation contract makes him even more responsible due to the fact that the multimodal transportation operator is also responsible for the work of all other persons who were hired by him [4].…”