(b) The contractual place of receipt or the contractual place of delivery or

(b) The actual contractual place of receipt or the actual contractual place of delivery or

The text of draft paragraph 72 (b) should refer to the contractual place of receipt and the contractual place of delivery.

(a) the contractual place of receipt or contractual port of loading is located in a Contracting State, or

(b) the contractual place of delivery or contractual port of discharge is located in a Contracting State, or

1. Subject to Articles 3 to 5, this Instrument applies to contracts of carriage in which the contractual place of receipt and the contractual place of delivery are in different States, and the contractual port of loading and the contractual port of discharge are in different States, if

Contractual choice of application of the draft instrument

In proposed redraft article 2 (1), the specific references to contractual were deleted in favour of the final sentence.

All substantial projects involving foreign investment should have local resource development as part of the contractual agreement.

In such event, the shipper, being the original contractual counterpart of the carrier, has to assume the responsibility of advising the carrier about delivery.

It was indicated that draft article 88a (4) was necessary in view of the contractual approach adopted in the definition of the scope of application of the draft instrument.

Proposed redraft article 4 restated the elements of previous draft article 5 using the documentary approach, and specifically enumerated the persons to whom it applied.

Their litigation strategy took advantage of a standard contractual clause (called pari passu) intended to ensure that all claimants are treated equally.

It was further thought that in order to be consistent throughout the draft instrument, continued reliance on the contractual approach would suggest that only the place of receipt and delivery were relevant.

The way this dialogue has gradually developed beyond the sphere of the contract entered into by the State party should also offer some useful lessons in good practice.

Last year, Brazil overtook the United Kingdom often seen as an exemplar of contractual security as the world s sixth largest economy.

Second, the European Union has taken the least legally difficult route to debt crisis resolution the so called contractual approach, which aims at facilitating agreement with private creditors.

Taking into account all the circumstances of the case (urgency, time needed to replace the faulty device, claims from the main contractor), the Court held that the buyer could set off the damages against the full amount of the contractual price.

In this line, it was suggested that further consideration should be given to the possibility of redrafting the proposed bracketed text for draft article 2 (1)(c), so as to limit its effect to contractual matters, such as, for instance, the contractual election of applicable law.

The general view was that, should such a provision be agreed to by the Working Group, careful drafting would be necessary to adequately enunciate the key requirement that the third party had expressly consented to be bound by the contractual derogation.

89), it was recognized that it was necessary to supplement the contractual approach with further clarifications. Scope of application draft article 3 (1) was intended to avoid the situation that a pure contractual approach would create in including transactions that the Working Group had agreed to exclude from the scope of application of the draft instrument.

Although providing some relief, the contractual nature of the CHCAs, and the facility for unilateral termination, failed to provide adequate measures of protection for the author and the precarious culture of the minority of which he is a member.

The second thing is tools for collaboration, be they systems of collaboration, or intellectual property systems which encourage collaboration. Right?

In contrast, it was observed that draft article 89 (a) was based on a contractual approach, and that under this provision the carrier of live animals was exposed to liability only for reckless actions and omissions and under the additional conditions set forth in the draft provision.

Cooperation

56 44. Cooperation between the United Nations and the Economic Cooperation Organization

59 4. Cooperation between the United Nations and the Economic Cooperation Organization

61 12. Cooperation between the United Nations and the Economic Cooperation Organization

55 42. Cooperation between the United Nations and the Economic Cooperation Organization

57 38. Cooperation between the United Nations and the Economic Cooperation Organization

Forms of cooperation, including at the multilateral level

However, support was expressed for the suggestion that a broader, more commercial approach should be taken to the issue, and that third parties should automatically be bound to contractual derogations as they should have no greater rights than the original parties to the contract.

International cooperation

Administrative cooperation

Special cooperation

Regional cooperation

Cooperation is possible.

The Cooperation Crisis

International Cooperation

Judicial cooperation

Judicial cooperation

Cooperation and coordination

on

International Co operation

55 211. Cooperation between the United Nations and the Black Sea Economic Cooperation Organization