A Delegate's Perspective on the recent developments in UNCITRAL's draft convention on the carriage of goods [wholly or partly] [by sea]
Published 2007-09-27
Keywords
- UNCITRAL,
- UNCITRAL Working Group III On Transport Law,
- multimodal transport,
- multimodal convention,
- carriage of goods by sea
- CMI,
- maritime liability regime,
- volume contracts,
- freedom to contract,
- public international law,
- delay,
- carrier liability,
- dangerous cargo,
- carrier obligations,
- marine environment,
- Himalaya clause,
- notice of loss or damage,
- deck cargo,
- shipper obligations,
- UNCITRAL Draft Convention on Transport Law ...More
Abstract
In her paper, Downing provides the following introduction, which is copied here:
The 19th session of the United Nations Commission on International Trade Law (“UNCITRAL”) Working Group III on Transport Law (“the Working Group”) met in New York from 16-27 April 2007. Over thirty countries actively participated in the session, with several more countries sending a delegation to observe the proceedings. In addition, representatives from industry and from a number of inter-governmental and non-government organisations participated. The Australian delegation comprised
Susan Downing (Attorney-General's Department) and Charles Gibbons (Department of Transport and Regional Services).
The Working Group is currently considering a draft Convention on the carriage of goods [wholly or partly] [by sea] (“the draft Convention”). The draft Convention will introduce a new legal liability regime for the international carriage of goods where there is an international sea leg. The general aims of the draft Convention are to prepare a text which will:
- end the multiplicity of regimes (ie the Hague Rules, the Hague-Visby Rules, the Hamburg Rules and the regional arrangements);
- receive widespread international support;
- reflect modern transport & shipping practices (eg e-commerce); and
- achieve a limited network liability regime or “maritime plus” regime.
Downing provides background to the current iteration of the draft convention, and goes over the issues discussed at the April 2007 meeting of UNCITRAL Working Group III on Transport Law. Downing's paper primarily covers the decisions taken in the April 2007 meeting.