Multimodal Transport Reform and the European Union : A Minimalist Approach

This article discusses the European Union's intentions to reform multimodal transport law. At present Europe's transport liability regime is based on a series of unimodal treaties. The provisions of these agreements respond poorly when problems arise with a single shipment involving multiple modes of transport. This article recommends that instead of developing an entirely new liability regime governing such multimodal transports, in competition with international efforts such as the Rotterdam Rules, a “minimalist approach” should be adopted. This would involve introducing only minor changes such as a fall-back liability option for situations in which damage to goods in transit cannot be ascribed to a single mode of transport. It is argued that these changes could be achieved by way of EU secondary legislation