Statutory Instrument No. 1082, 2003, www.legislation.hmso.gov.uk si si2003 20031082.htm.

Consideration of the draft instrument.

Draft article 73 should be maintained in the draft instrument

Draft article 75 should be deleted from the draft instrument.

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

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

It was suggested that the draft instrument would not apply to volume contracts unless the draft instrument would apply to individual shipments thereunder.

Contractual choice of application of the draft instrument

Should the draft instrument allow for exclusive jurisdiction clauses?

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.

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

Derogations from the scope of application of the draft instrument

I. Non mandatory application of the draft instrument to service contracts OLSAs

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

Transport Law Preparation of a draft instrument on the carriage of goods

Consequently, the draft bill of a statutory law that would regulate these powers was left without a legal basis.

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

Concerns were expressed that the proposed text for draft article 2 (1) of the draft instrument would not sufficiently clarify the requirement of the internationality of the sea leg of the carriage to trigger the application 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.

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

As previously noted, paragraph 1 of draft article 88 dealt with the mandatory provisions of the draft instrument regarding the carrier and the maritime performing party, and paragraph 2 of draft article 88 concerned the mandatory provisions of the draft instrument with respect to cargo interests.

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

As the draft convention was an interpretative instrument he wondered whether there was any need to include draft article 3.

However, it was pointed out that draft article 8 of the draft instrument was not a conflict of conventions provision, but rather reflected a policy decision to allow certain provisions of other international instruments to apply to land carriage under the draft instrument.

Scope of application draft article 3 (2) was intended to ensure that transactions covered by the Hague and Hague Visby Rules would continue to be governed by the draft instrument, so that the draft instrument would not reduce the current level of coverage.

Statutory Companies.

Statutory request.

The Secretariat had confirmed that party autonomy did not mean that the draft convention empowered parties to set aside statutory requirements.

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

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 Working Group approved of the text of draft article 6 (2) for further discussion and for inclusion in the draft instrument.

Preparation of a draft instrument on the carriage of goods wholly or partly by sea .

Preparation of a draft instrument on the carriage of goods wholly or partly by sea

Preparation of a draft instrument on the carriage of goods wholly or partly by sea

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

Statutory (preferential) creditors

Commentary on scope of application draft article 5 Scope of application draft article 4 is substantially the same as draft article 2 (5) as contained in previous versions of the draft instrument.

The requirement for the internationality of the overall carriage was included in draft article 3.1 of the draft instrument as contained in A CN.9 WG.III WP.21 and draft article 2 (1) of the draft instrument as contained in A CN.9 WG.III WP.32, but was omitted from draft article 2 (1) of A CN.9 WG.III WP.36.

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.

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

It was also thought that the intention behind proposed draft article 1 (xx) should be explained in an explanatory note to the draft instrument.

Women in Statutory Bodies

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