Consideration of the draft instrument.

The States Parties to this instrument ,

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.

Draft article 73 should be maintained in 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

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.

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.

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.

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

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

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) 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.

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

The definitions proposed should be introduced in the draft instrument for future discussion and

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

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

1. The purpose of this instrument is

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

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

(b) Form of the future instrument and monitoring body

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.

(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 European Commission would be unable to sign and ratify the instrument under those circumstances.

The view was expressed that the words express consent should not be defined in the draft instrument.

The text of draft paragraph 72 (c) and (d) should be retained in square brackets in the draft instrument.

The Working Group next considered draft article 6 of the draft instrument.

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

A number of questions were raised in respect of this provision of 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.

10. The Forum should address, within the context of its multi year programme of work, the implementation of the present instrument.

Support was expressed for this approach to OLSAs in the draft instrument.

The Working Group approved of the text for further discussion and for inclusion in the draft instrument.

The Ottawa Convention was the leading international instrument in the fight against anti personnel mines.

It was further indicated that article X (c) of the Hague Visby Rules had been introduced in that instrument by the Visby Protocol, 1968, for reasons which were immaterial to the draft instrument, and that the provision gave rise to different interpretations in various jurisdictions.

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

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

Should the draft instrument allow for exclusive jurisdiction clauses?

The seaworthiness obligation should be a mandatory provision of the draft instrument from which derogation was not allowed