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35 J.L. Pol'y & Globalization 175 (2015)
International Multimodal Transport Business and the Regulation of Electronic Commerce

handle is hein.journals/jawpglob35 and id is 198 raw text is: Journal of Law, Policy and Globalization wwwiisteorg ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.35, 2015 s[ International Multimodal Transport Business and the Regulation of Electronic Commerce Nnenna Ifeanyi-Ajufo Faculty of Law, Baze University, P.M.B 264, Abuja. Nigeria. *Email:Nudeka @ yahoo.com, Nnenna.ajufo @bazeuniversity.edu.ng Abstract In this age of globalisation, the forms of contracting, buying, selling and transportation of goods has transcended age long traditional methods of doing same and the society is being geared into a paperless and cashless society. One of the benefits of Information and Communication Technologies (ICTs) as well as globalisation is the introduction of electronic commerce. It is believed that establishing an electronic framework for international multimodal transport is a key initiative in creating an integrated goods transport system. While this area is thriving for many national jurisdictions, some jurisdictions are still far behind, particularly regions like Africa where many businesses engage in multimodal transport business. This article undertakes an appraisal of multi modal transport business in light of International Laws and the Law of Electronic Commerce. The article examines issues such as the applicable International Conventions that would govern the movement of goods using multimodal transport; the duties, rights and liabilities of parties under the applicable laws and furthermore, the validity and effect of electronic communication in contracts of carriage of goods. Keywords: multimodal, transportation, electronic commerce, carriage, International 1. Introduction The United Nations Convention on International Multimodal Transport of Goods 1980 (hereinafter MT Convention) defines international multimodal transport as ...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 situated in a different country...' Thus, the main features of a multimodal transport are the carriage of goods by two or more modes of transport, under one contract, one document and one responsible party of the entire carriage, who might subcontract the performance of some, or all modes, of the carriage to other carriers. The convention under article 1(2) defines a multimodal transport operator as ...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 acts on behalf of the consignor or of the carriers participating in the multimodal transport operations, and who assumes responsibility for the performance of the contract2 A multimodal operation is made up of a number of unimodal stages of transport, such as sea, road, rail or air, each of which is subject to a mandatory international convention or national law. The operations of pick-up and delivery of goods carried out in the performance of a unimodal transport contract, as defined in such contract, shall not be considered as international multi modal transport.,3 2. Legal Framework 4 There is no international law in force regulating multimodal transport contracts despite various efforts . Based on the provisions of the MT Convention, the Convention does not affect and cannot be found incompatible with the application of any international convention or national law relating to the regulation and control of transport operations.5 In spite of various attempts to establish a uniform legal framework governing multimodal transport, no such international regime is in force. However, governments both at the national and regional levels have come up with their own multimodal transport laws. The lack of a widely acceptable international legal framework on multimodal transport businesses has resulted in National governments and regional/sub regional intergovernmental bodies taking the initiative of enacting their 'United Nations Convention on International Multimodal Transport of Goods 1980 Art 1(1) 2 Rule 2.2 of UNCTAD/ICC Rules 1992 also defines a multimodal transport operator as any person who concludes a multimodal transport contract and assumes responsibility for the performance thereof as a carrier ' United Nations Convention on International Multimodal Transport of Goods 1980 Art 1(1) 4 United Nations Convention on International Multimodal Transport of Goods 1980 5 Article 4(1) United Nations Convention on International Multimodal Transport of Goods 1980

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