Consideration of the draft instrument.

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.

(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

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.

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

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.

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.

We hope that that instrument will be legally binding and that it will cover illicit ammunition.

(b) Form of the future instrument and monitoring body 147 168 35

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

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.

(c) Automatic periodic revisions should be envisaged in order to avoid amending the text of the instrument when the quotas are revised

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

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

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

Such a declaration shall take effect when this instrument enters into force for the State concerned.

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.