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Renmin University of China Law School
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MAR 2018 ARTICLE: COMPARATIVE STUDY OF INTERNATIONAL CARRIAGE OF GOODS BY RAILWAYBETWEEN CIM AND SMGS


                 

         Abstract: China and some of its trade partners in Western Europe apply different legal
regimes for international carriage of goods by railway — respectively Agreement onInternational Railway Freight Transportation (SMGS) and Uniform Rules Concerningthe Contract of International Carriage of Goods by Rail (CIM). For transportation ofgoods by railway between China and Western Europe both the CIM and the SMGS areoften applicable. China’s initiative “the Belt and Road” promotes development ofrailway transport in Eurasia and creates new incentives for comparative study between those two international legal systems. This article provides a brief historical outline of comparative studies between the CIM and SMGS. This article also purports to show that some similarities and differences between the two regimes might be better understoodfrom the perspective of comparative legal history. Taking into account inter alia thecommon origin of the current versions of the CIM and SMGS in the 4th revision of theCIM of 1933, differences and similarities between two legal regimes have been analysedwith regard to the following topics: the scope of application of the CIM and SMGS; thenature of the carrier’s liability under the CIM and SMGS; exclusivity of the CIM,exclusivity of the contract of carriage under the SMGS; period of responsibility; personsfor whom the carrier is liable.

Full Text COMPARATIVE STUDY OF INTERNATIONAL CARRIAGE OF GOODS BY RAILWAY BETWEEN CIM AND SMGS.pdf

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