In May 2023, a pharmaceutical company in Switzerland shipped temperature-sensitive vaccines to a hospital in Kenya. The vaccines were transported by road from the production facility in Geneva to the Zurich Airport and then flown to Nairobi on an international flight operated by a Kenyan carrier. Upon arrival, the shipment was delayed at customs. Investigations found that there was also a failure of temperature control during the flight. As a result, the entire cargo of vaccines was deemed unsafe for use. Analyse whether the Warsaw Convention or the Montreal Convention 1999 should apply to the air transport portion of the journey. Distinguish at least two (2) key clauses under the applicable convention that relate to the carrier's obligation and liability of the carrier for the shipment of the vaccines. Conclude if your answer would be different if the carrier had subcontracted the carriage to another carrier. Support your answer with the facts provided in the above scenario and the relevant clauses of the applicable convention. You may make reasonable assumptions in your analysis. Examine whether the pharmaceutical company should adopt a multimodal transport solution for future shipments of vaccines to Kenya, instead of using intermodal transport. Use the facts of the scenario to compare two (2) advantages and two (2) disadvantages of multimodal transport with intermodal transport, and refer to the relevant clauses of the FIATA Multimodal Bill of Lading (see the pages designated as Pages 11 and 12 of the FIATA's booklet of documents and forms) to support your analysis. Conclude with your recommendation on whether the pharmaceutical company should adopt a multimodal transport for future shipments.
In May 2023, a pharmaceutical company in Switzerland shipped temperature-sensitive vaccines to a hospital in Kenya. The vaccines were transported by road from the production facility in Geneva to the Zurich Airport and then flown to Nairobi on an international flight operated by a Kenyan carrier. Upon arrival, the shipment was delayed at customs. Investigations found that there was also a failure of temperature control during the flight. As a result, the entire cargo of vaccines was deemed unsafe for use. Analyse whether the Warsaw Convention or the Montreal Convention 1999 should apply to the air transport portion of the journey. Distinguish at least two (2) key clauses under the applicable convention that relate to the carrier's obligation and liability of the carrier for the shipment of the vaccines. Conclude if your answer would be different if the carrier had subcontracted the carriage to another carrier. Support your answer with the facts provided in the above scenario and the relevant clauses of the applicable convention. You may make reasonable assumptions in your analysis. Examine whether the pharmaceutical company should adopt a multimodal transport solution for future shipments of vaccines to Kenya, instead of using intermodal transport. Use the facts of the scenario to compare two (2) advantages and two (2) disadvantages of multimodal transport with intermodal transport, and refer to the relevant clauses of the FIATA Multimodal Bill of Lading (see the pages designated as Pages 11 and 12 of the FIATA's booklet of documents and forms) to support your analysis. Conclude with your recommendation on whether the pharmaceutical company should adopt a multimodal transport for future shipments.
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In May 2023, a pharmaceutical company in Switzerland shipped temperature-sensitive vaccines to a hospital in Kenya. The vaccines were transported by road from the production facility in Geneva to the Zurich Airport and then flown to Nairobi on an international flight operated by a Kenyan carrier. Upon arrival, the shipment was delayed at customs.
Investigations found that there was also a failure of temperature control during the flight. As a result, the entire cargo of vaccines was deemed unsafe for use.
Analyse whether the Warsaw Convention or the Montreal Convention 1999 should apply to the air transport portion of the journey.
Distinguish at least two (2) key clauses under the applicable convention that relate to the carrier's obligation and liability of the carrier for the shipment of the vaccines.
Conclude if your answer would be different if the carrier had subcontracted the carriage to another carrier. Support your answer with the facts provided in the above scenario and the relevant clauses of the applicable convention. You may make reasonable assumptions in your analysis.
Examine whether the pharmaceutical company should adopt a multimodal transport solution for future shipments of vaccines to Kenya, instead of using intermodal transport. Use the facts of the scenario to compare two (2) advantages and two (2) disadvantages of multimodal transport with intermodal transport, and refer to the relevant clauses of the FIATA Multimodal Bill of Lading (see the pages designated as Pages 11 and 12 of the FIATA's booklet of documents and forms) to support your analysis. Conclude with your recommendation on whether the pharmaceutical company should adopt a multimodal transport for future shipments.
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