A number of questions were raised in respect of this provision of the draft instrument.

Several participants were opposed to such an addition, saying that it ran counter to the very spirit of the instrument.

The United Nations Fish Stocks Agreement, in particular, needs many more States parties in order to become the universal instrument that it is intended to be.

The instrument contains a number of provisions outlining requirements for the marking of small arms and light weapons, record keeping and cooperation in tracing.

To this day, the cConvention counts 191 Parties, making it one of the most representative instruments of the Rio Ggeneration.

There was support for the concern expressed that reaching consensus on provisions on recognition and enforcement in the context of the draft instrument would require a great deal of time, and that it would further encumber the draft instrument, which was already regulating matters in a large number of areas.

Consideration of the draft instrument.

A smaller number of delegations expressed the strongly held view that the draft instrument should not allow parties to a contract of carriage to agree to exclusive jurisdiction clauses.

The States Parties to this instrument ,

1. This Instrument does not apply to

Contractual choice of application of the draft instrument

Derogations from the scope of application of the draft instrument

1. This Instrument does not apply to

(d) the contract of carriage provides that this Instrument, or the law of any State giving effect to it, is to govern the contract.

Such clarification could be achieved by way of text in the draft instrument, or by way of commentary on the draft instrument in accompanying explanatory material.

With respect to a possible time frame for completion of the draft instrument, a number of speakers were of the view that it would be desirable to complete a third reading of the draft text with a view to its adoption by the Commission in 2006.

(a) The instrument is voluntary and non legally binding

The latter also recognizes the importance of sanitation.

Draft article 75 should be deleted from the draft instrument.

The Working Group continued its review of the draft instrument on the carriage of goods wholly or partly by sea ( the draft instrument ) on the basis of

With a view to structuring the discussion on the remaining provisions of the draft instrument the Working Group adopted the following tentative agenda for completion of its second reading of the draft instrument

(a) Each of the five regional groups established by the General Assembly must be assigned a quota of the membership of each treaty body in equivalent proportion to the number of States parties to the instrument that it represents

With regard to the number of ratifications necessary for entry into force of the instrument (art. III B), the Chairperson suggested that 20 ratifications should be required, as was the case with other human rights instruments.

1. The purpose of this instrument is

3. The present instrument applies to all types of forests.

Draft article 73 should be maintained in the draft instrument

A provision on concursus of actions should not be inserted in the draft instrument.

One advantage of the approach was said to be that it separated the issue of scope of application of the draft instrument from the issue of derogation from certain of the specific provisions of the draft instrument.

The view was expressed that in its discussions with respect to article 14 of the draft instrument, the Working Group had considered and discarded the concept of overriding obligations in the draft instrument.

(b) Form of the future instrument and monitoring body

(b) This Instrument applies to the terms of a volume contract to the extent that they regulate a shipment under that volume contract that is governed by this Instrument under subparagraph (a).

The view was expressed that draft article 88a (3) should not be inserted in the draft instrument unless it would set conditions for derogations.

(a) Each of the five regional groups established by the General Assembly must be assigned a quota of the membership of each treaty body in equivalent proportion to the number of States parties to the instrument that it represents

It will enter into force upon the deposit of the thirtieth instrument of ratification.

Draft article 6 (1) Inclusion of registry systems in the draft instrument

The Treaty was the main international instrument to achieve those ends.

The instrument is recommended to the Assembly for adoption in the form of a draft decision.

The draft instrument will be submitted to the General Assembly at its sixtieth session for adoption.

5. Notes that the character of the international instrument will be determined in the course of negotiations

Comments from the UNCTAD Secretariat on Freedom of Contract under the draft instrument

Several alternatives were proposed as to the form the instrument and the monitoring body should take.

It was indicated that a definition of the volume contract should be inserted in the draft instrument.

Should the draft instrument allow for exclusive jurisdiction clauses?

The instrument also contains provisions for follow up by which, among other things, States would commit themselves to reporting on a biennial basis to the Secretary General on their implementation of the instrument.

Although the Open ended Working Group seems to be moving closer to an agreement on a number of technical issues, it is still far from reaching a consensus on some important issues, particularly the nature of the international instrument.