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1980年联合国国际货物多式联运公约(一)

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1980年联合国国际货物多式联运公约
UNITED NATIONS CONVENTION ON INTERNATIONAL MULTIMODAL TRANSPORTOFGOODS, 1980

颁布日期:19800524  颁布单位:日内瓦

  THE STATES PARTIES TO THIS CONVENTION,

  RECOGNIZING:

  (a) That international multimodal transport is one means offacilitating the orderly expansion of world trade;

  (b) The need to stimulate the development of smooth, economic andefficient multimodal transport services adequate to the requirements ofthe trade concerned;

  (c) The desirability of ensuring the orderly development ofinternational multimodal transport in the interest of all countries andthe need to consider the special problems of transit countries;

  (d) The desirability of determining certain rules relating to thecarriage of goods by international multimodal transport contracts,including equitable provisions concerning the liability of multimodaltransport operators;

  (e) The need that this Convention should not affect the application ofany international convention or national law relating to the regulationand control of transport operations;

  (f) The right of each State to regulate and control at the nationallevel multimodal transport operators and operations;

  (g) The need to have regard to the special interest and problems ofdeveloping countries, for example, as regards introduction of newtechnologies, participation in multimodal services of their nationalcarriers and operators, cost efficiency thereof and maximum use of locallabour and insurance;

  (h) The need to ensure a balance of interests between suppliers andusers of multimodal transport services;

  (i) The need to facilitate customs procedures with due considerationto the problems of transit countries;

  AGREEING to the following basic principles:

  (a) That a fair balance of interests between developed and developingcountries should be established and an equitable distribution ofactivities between these groups of countries should be attained ininternational multimodal transport;

  (b) That consultation should take place on terms and conditions ofservice, both before and after the introduction of any new technology inthe multimodal transport of goods, between the multimodal transportoperator, shippers, shippers' organizations and appropriate nationalauthorities;

  (c) The freedom for shippers to choose between multimodal andsegmented transport services;

  (d) That the liability of the multimodal transport operator under thisConvention should be based on the principle of presumed fault or neglect;

  HAVE DECIDED to conclude a Convention for this purpose and havethereto agreed as follows:

  PART I. GENERAL PROVISIONSArticle 1 Definitions

  For the purposes of this Convention:

  1. “International multimodal transport” means the carriage of goods byat least two different modes of transport on the basis of a multimodaltransport contract from a place in one country at which the goods aretaken in charge by the multimodal transport operator to a place designatedfor delivery situated in a different country. The operations of pick-upand delivery of goods carried out in the performance of a unimodaltransport contract, as defined in such contract, shall not be consideredas international multimodal transport.

  2. “Multimodal transport operator” means any person who on his ownbehalf or through another person acting on his behalf concludes amultimodal transport contract and who acts as a principal, not as an agentor on behalf of the consignor or of the carriers participating in themultimodal transport operations, and who assumes responsibility for theperformance of the contract.

  3. “Multimodal transport contract” means a contract whereby amultimodal transport operator undertakes, against payment of freight, toperform or to procure the performance of international multimodaltransport.

  4. “Multimodal transport document” means a document which evidences amultimodal transport contract, the taking in charge of the goods by themultimodal transport operator, and an undertaking by him to deliver thegoods in accordance with the terms of that contract.

  5. “Consignor” means any person by whom or in whose name or on whosebehalf a multimodal transport contract has been conducted with themultimodal transport operator, or any person by whom or in whose name oron whose behalf the goods are actually delivered to the multimodaltransport operator in relation to the multimodal transport contract.

  6. “Consignee” means the person entitled to take delivery of thegoods.

  7. “Goods” includes any container, pallet or similar article oftransport or packaging, if supplied by the consignor.

  8. “International convention” means an international agreementconcluded among States in written form and governed by international law.

  9. “Mandatory national law” means any statutory law concerningcarriage of goods the provisions of which cannot be departed from bycontractual stipulation to the detriment of the consignor.

  10. “Writing” means, inter alia, telegram or telex.

  Article 2 Scope of Application

  The provisions of this Convention shall apply to all contracts ofmultimodal transport between places in two States, if:

  (a) The place for the taking in charge of the goods by the multimodaltransport operator as provided for in the multimodal transport contract islocated in a Contracting State, or

  (b) The place for delivery of the goods by the multimodal transportoperator as provided for in the multimodal transport contract is locatedin a Contracting State.

  Article 3 Mandatory Application

  1. When a multimodal transport contract has been concluded whichaccording to Article 2 shall be governed by this Convention, theprovisions of this Convention shall be mandatorily applicable to suchcontract.

  2. Nothing in this Convention shall affect the right of the consignorto choose between multimodal transport and segmented transport.

  Article 4 Regulation and Control of Multimodal Transport

  1. This Convention shall not affect, or be incompatible with, theapplication of any international convention or national law relating tothe regulation and control of transport operations.

  2. This Convention shall not affect the right of each State toregulate and control at the national level multimodal transport operationsand multimodal transport operators, including the right to take measuresrelating to consultations, especially before the introduction of newtechnologies and services, between multimodal transport operators,shippers, shippers' organizations and appropriate national authorities onterms and conditions of service; licensing of multimodal transportoperators; participation in transport; and all other steps in the nationaleconomic and commercial interest.

  3. The multimodal transport operator shall comply with the applicablelaw of the country in which he operates and with the provisions of thisConvention.

  PART II. DOCUMENTATION

  Article 5 Issue of Multimodal Transport Document

  1. When the goods are taken in charge by the multimodal transportoperator, he shall issue a multimodal transport document which, at theoption of the consignor, shall be in either negotiable or non-negotiableform.

  2. The multimodal transport document shall be signed by the multimodaltransport operator or by a person having authority from him.

  3. The signature on the multimodal transport document may be inhandwriting, printed in facsimile, perforated, stamped, in symbols, ormade by any other mechanical or electronic means, if not inconsistent withthe law of the country where the multimodal transport document is issued.

  4. If the consignor so agrees, a non-negotiable multimodal transportdocument may be issued by making use of any mechanical or other meanspreserving a record of the particulars stated in Article 8 to be containedin the multimodal transport document. In such a case the multimodaltransport operator, after having taken the goods in charge, shall deliverto the consignor a readable document containing all the particulars sorecorded, and such document shall for the purposes of the provisions ofthis Convention be deemed to be a multimodal transport document.

  Article 6 Negotiable Multimodal Transport Document

  1. Where a multimodal transport document is issued in negotiable form:

  (a) It shall be made out to order or to bearer;

  (b) If made out to order it shall be transferable by endorsement;

  (c) If made out to bearer it shall be transferable withoutendorsement;

  (d) If issued in a set of more than one original it shall indicatethe number of originals in the set;

  (e) If any copies are issued each copy shall be marked“non-negotiable copy”。

  2. Delivery of the goods may be demanded from the multimodal transportoperator or a person acting on his behalf only against surrender of thenegotiable multimodal transport document duly endorsed where necessary.

  3. The multimodal transport operator shall be discharged from hisobligation to deliver the goods if, where a negotiable multimodaltransport document has been issued in a set of more than one original, heor a person acting on his behalf has in good faith delivered the goodsagainst surrender of one of such originals.

  Article 7 Non-negotiable Multimodal Transport Document

  1. Where a multimodal transport document is issued in a non-negotiableform it shall indicate a named consignee.

  2. The multimodal transport operator shall be discharged from hisobligation to deliver the goods if he makes delivery thereof to theconsignee named in such non-negotiable multimodal transport document or tosuch other person as he may be duly instructed, as a rule, in writing.

  Article 8 Contents of the Multimodal Transport Document

  1. The multimodal transport document shall contain the followingparticulars:

  (a) The general nature of the goods, the leading marks necessaryfor identification of the goods, an express statement, if applicable, asto the dangerous character of the goods, the number of packages or pieces,and the gross weight of the goods or their quantity otherwise expressed,all such particulars as furnished by the consignor;

  (b) The apparent condition of the goods;

  (c) The name and principal place of business of the multimodaltransport operator;

  (d) The name of the consignor;

  (e) The consignee, if named by the consignor;

  (f) The place and date of taking in charge of the goods by themultimodal transport operator;

  (g) The place of delivery of the goods;

  (h) The date or the period of delivery of the goods at the placeof delivery, if expressly agreed upon between the parties;

  (i) A statement indicating whether the multimodal transportdocument is negotiable or non-negotiable;

  (j) The place and date of issue of the multimodal transportdocument;

  (k) The signature of the multimodal transport operator or of aperson having authority from him;

  (l) The freight for each mode of transport, if expressly agreedbetween the parties, or the freight, including its currency, to the extentpayable by the consignee or other indication that freight is payable byhim.

  (m) The intended journey route, modes of transport and places oftranshipment, if known at the time of issuance of the multimodal transportdocument;

  (n) The statement referred to in paragraph 3 of Article 28;

  (o) Any other particulars which the parties may agree to insert inthe multimodal transport document, if not inconsistent with the law of thecountry where the multimodal transport document is issued.

  2. The absence from the multimodal transport document of one or moreof the particulars referred to in paragraph 1 of this Article shall notaffect the legal character of the document as a multimodal transportdocument provided that it nevertheless meets the requirements set out inparagraph 4 of Article 1.

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