Australian and New Zealand Maritime Law Journal

2004: Conference Proceedings
Articles

The UNCITRAL Draft Instrument on Transport Law: Does Australia Need It?

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  • Dr Sarah Derrington

Published 2004-09-29

Keywords

  • UNCITRAL Draft Instrument on Transport Law,
  • transport law reform,
  • multimodal transport,
  • UNCITRAL Working Group III On Transport Law,
  • CMI,
  • Carriage of Goods by Sea Act 1991 (Cth),
  • Hague Rules 1924,
  • Hague-Visby Rules,
  • Hamburg Rules,
  • Australian Amended Hague Rules
    • ...More
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Abstract

This paper was presented as part of Business Session 6, on the topic of 'Coming to Grips with some Currently Emerging Issues', which was chaired by Michelle Taylor. The second page of the paper contains a short biography of the author.

In this paper, Derrington provides some background to the development of the UNCITRAL Draft Instrument on Transport Law, before going through the Instrument in detail and comparing it with the Carriage of Goods by Sea Act 1991 (Cth). She commences with the question, does Australia need the UNCITRAL Draft Instrument and might it not be preferable simply to amend the Hague-Visby Rules to take account of current concerns with that regime? Ultimately, Derrington concludes that unless there is overwhelming international adoption of the Draft Text, the Australia does not need it.

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