운송협약규정의 충돌과 그 해결에관한 법적 고찰- 로테르담 규칙을 중심으로 -

The contracts for the international carriage can be performed by more than twomodes of transportations. At this time, the transportation agreement which regulateseach transportation mode is applied at the same time, so that the collision oftransportation agreement provisions may occur. If there is a loss of or damage to thefreight in the course of carriage, this causes some problems between a carrier and aconsignor and there would be a possibility to apply each agreement providingdifferent rules in terms of the limitation of liability of carriers. The Rotterdam rules,the new international sea transport agreement, have regulations that prioritize othertransport arrangements to address these issues. However, it is pointed out that theprioritization of those rules is a clause that defines the two clauses in a limited way,which only indicates another ambiguity when the transport agreement conflicts. It isinsufficient to apply the Rotterdam rules to resolve conflict in the transportationagreement provisions. Therefore, the priority between the Rotterdam rules and othertransport agreements should be considered first in the collision It can be resolvedthrough Article 30 of the Vienna Convention that contains the principle of the newlaw priority. This method can serve as a simple solution to solving complexproblems. However, there are limitations that can’t be resolved in the end becausesome randomness is involved.