2002: Conference Proceedings
Conference Presentations

Places of Refuge/The UNCITRAL Draft Preliminary Instrument on the Carriage of Goods by Sea

Published 2002-10-02

Keywords

  • places of refuge,
  • IMO,
  • Australian Maritime Safety Authority (AMSA),
  • oil pollution,
  • marine casualty,
  • safe haven,
  • salvage,
  • 1989 Salvage Convention,
  • distress situation,
  • marine safety,
  • Maritime Safety Committee,
  • Marine Environment Protection Committee,
  • powers of intervention,
  • International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties 1969,
  • CMI,
  • UNCITRAL,
  • carriage of goods by sea,
  • UNCITRAL Preliminary Draft Instrument on the Carriage of Goods by Sea,
  • UNCITRAL Working Group on Transport Law,
  • multimodal transport,
  • electronic commerce,
  • electronic communications,
  • carrier liability,
  • carrier obligations,
  • shipper obligations,
  • freedom to contract
  • ...More
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Abstract

This paper was presented as part of Business Session 6, on the topic of 'Developments in Transportation Law’ which was chaired by Ross McAlpine. The first page of the paper contains a short biography of Susan Downing.

Like Hetherington, Downing also comments on UNCITRAL’s Draft Instrument on the Carriage of Goods by Sea, having been the Australian Delegate to the UNCITRAL meeting of the Working Group III on Transport Law, which considered the draft preliminary instrument on the Carriage of Goods by Sea.

In Downing’s part of this paper, she comments on the draft text in question, its history, and some of the concerns expressed by the Working Group during their discussions of the themes raised by the Chairman at the Working Group’s first meeting in April 2002. In doing so, Downing considers the general scope of the draft instrument. She concludes that, as things stand, much goodwill, compromise, and refinement of the draft text will be required before a new instrument can be finalised that will receive wide support from the international community.

As well as containing Downing’s commentary, this paper contains the slides for John Gillies’ presentation on Places of Refuge, which was also discussed during Business Session 6.