Shipper's obligations

The person considered as the shipper will also have the opportunity to escape its liability if it proves that it is not the shipper by indicating who is really the shipper.

The effect of such a regulation will be that the carrier may claim compensation directly from the actual shipper and that the latter may make use of the defences in the chapter on shipper's obligations.

President of the Republic of Moldova (Signed) Vladimir Voronin

Article 31 regulates the liability of the shipper.

However, one delegation has expressed the view that provided that the actual shipper is liable, the contractual shipper should be relieved of his liability.

(Signed) Roman Kirn

(Signed) Rajiva Bhushan Sinha

Shipper's Obligations Information presented by the Swedish delegation

Another delegation favours a provision where the actual shipper will be liable if it agrees to be named as the shipper in the contract particulars.

(Signed) Vanu Gopala Menon

(Signed) Heraldo Muñoz

(Signed) María Angela Holguín

(Signed) Gunter Pleuger

(Signed) Judith Mbula Bahemuka

A similar question may arise with regard to the shipper's liability.

(Signed) Abdallah Baali

A strict liability is considered to put too much burden on the shipper.

Basis of shipper's liability (draft article 31, former 29)

Signed

Initialled

(Signed) Ilham Aliyev President of the Republic of Azerbaijan

(Signed) Enrique Berruga Filloy

Interim financial report for the year ended 31 December 2004

The financial report provides the financial results of UNICEF activities in 2004. Highlights are summarized in the following paragraphs.

Assumption of shipper's right and obligation (draft article 34, former 31)

Cessation of the shipper's liability (draft article 36, former 43(2))

One reason for this was that it is particularly important that the shipper provide the carrier with correct information and that the latter may suffer damage because of a material misstatement.

(Signed) M. Javad Zarif

(Signed) S.

(Signed) K.

(Signed) T.

Suzuki Commissioner

(Signed) Vladimir Voronin President of the Republic of Moldova

(b) Should the draft Convention extend the provision on shipper's liability in paragraph 31(1) (previously 29(1)) to a breach of any of the shipper's obligations under the draft Convention that should apply to the extent that the shipper's liability is not dealt with otherwise, or should this matter be left to national law?

Shipper's obligation to provide information, instructions and documents (article 30, former 27)

If the carrier is unable, after reasonable effort, to identify and find the controlling party or the shipper, then the person referred to in article 34 (previously 31) is deemed to be the shipper for purposes of this paragraph.

If the carrier is unable, after reasonable effort, to identify and find the controlling party or the shipper, then the person referred to in article 34 (previously 31) shall be deemed to be the shipper for purposes of this paragraph.

The florin (sign Afl.

(Signed) Philippe Séguin First President of the Court of Accounts of France Lead auditor

(Signed) Philippe Séguin

Chairman of the Board

(Signed) João Salgueiro Permanent Representative of Portugal to the United Nations

(Signed) Baki İlkin Ambassador Permanent Representative

(Signed) Adamantios Th.