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United Nations Commission on International Trade Law: Draft Convention on the Carriage of Goods by Sea*

Published online by Cambridge University Press:  04 April 2017

Abstract

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Type
Treaties and Agreements
Copyright
Copyright © American Society of International Law 1976

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Footnotes

*

[Reproduced from the text provided by the United Nations Secretariat. The official text will be included in "Report of UNCITRAL on the Work of Its Ninth Session" , to be issue das U.N. Document A / 3 1 / 1 7.

[The Commission has requested the Secretary - General to circulate the draft to Governments and interested organizations for comments and proposals , to transmit the draft to the Working Group on International Shipping Legislation, and to prepare an analytical compilation of comments and proposals received from Governments and organizations, to be submitted to a future Conference of Plenipotentiaries. The Commission has also recommended that the General Assembly should convene such a Conference.]

References

1/ The question as to whether the limit should be the freight or a multiple of the” freight is to be determined at the conference of plenipotentiaries which will consider the draft Convention.

2/ The unit of account is to be determined at the conference of plenipotentiaries which will consider the draft Convention.

3/ If the liability for delay in delivery were to be subject under this alternative text to a special limit of liability, paragraph 1 of this alternative text may be supplemented by paragraphs 1 (b) and 1 (c) of the basic text for article 6 set forth above. If this be done, paragraph 1 of the alternative text would need drafting changes.

4/ The unit of account is to be determined at the conference of plenipotentiaries which will consider the draft Convention.

5/ A number of delegations were of the view that article 17 should consist of para. 1 only and that paras. 2, 3 and 4 should be deleted.

6/ A considerable number of delegations favoured the addition of the word “Contracting” before the word “State”.

* [The Final Act of the Conference is reproduced from the text provided by the Office of Legal Affairs of the United Nations Secretariat. The definitive version of the Final Act will appear as U.N. Document A/CONF. 73/18.

[The Resolutions annexed to the Final Act at I.L.M. pages 919 and 920 are reproduced respectively from U.N. Documents A/CONF.73/16 and A/CONF. 73/17.

[The text of the Agreement establishing the International Fund for Agricultural Development at I.L.M. page 922 is reproduced from U.N. Document A/CONF.73/15 (provisional).]

1/ A/CONF.73/15.

1/ A/CONF.73/15

1/ With reference to Article 7, Section 1(b) on the use of resources of the Fund for “Developing countries”, this country will not be included under this Section and will not seek or receive financing from the Fund.

2/ Subject to obtaining, where required, the necessary legislative approval.

3/ Special Drawing Rights of the International Monetary Fund valued as of 10 June 1976. These equivalent values are stated merely for information, in the light of Section 2 (a) of Article 5 of the Agreement, with the understanding that the initial contributions pledged will be payable in accordance with Section 2 (a) of Article 4 of the Agreement in the amount and currency specified by the State concerned.

* [U.N. Document A/CONF.73/15 Add.l was not yet available. This i n formation will be carried in the September issue of I.L.M.]

* [Reproduced from the text provided by the International Court of Justice. The revision concerns Rules of the Court, Article 33.

[The Court's Resolution of July 5, 1968, appears at 7 I.L.M. 1395 (1968).]