Published 2006-09-27
Keywords
- UNCITRAL,
- UNCITRAL Working Group III On Transport Law,
- UNCITRAL Draft Convention on Transport Law,
- marine cargo liability regime,
- Carriage of Goods by Sea Act 1991 (Cth)
- Hague Rules 1924,
- Hague-Visby Rules,
- Hamburg Rules,
- carrier liability,
- limitation of liability,
- CMI,
- maritime law uniformity,
- maritime law harmonisation,
- multimodal transport,
- multimodal convention,
- freedom to contract,
- nautical fault defence,
- public international law,
- volume contracts,
- electronic commerce,
- delay,
- shipper liability,
- derogation,
- industry consultation ...More
Abstract
Kelso and Downing provide the following introduction to their paper, which is reproduced here:
The 18th 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 3-13 April 2006. Mr Scobie Mackay of the Attorney-General's Department and Mr Neil Kelso of the Department of Transport and Regional Services were the Australian delegates at that meeting.
The Working Group is currently considering a Draft Convention on the Carriage of Goods [wholly or partly] [by sea]. The aim of the Draft Convention is to replace existing international regimes such as the Hague Rules, the Hague-Visby Protocol and the Hamburg Rules. The Working Group has been meeting twice a year since 2002 to discuss the text of the Draft Convention with the aim of finalising the text by the end of 2007.
The Department of Transport and Regional Services administers Australia's current marine cargo liability regime, the Carriage of Goods by Sea Act 1991 ("the COGSA") and is responsible for policy advice on these issues. The Attorney-General's Department is responsible for representation at UNCITRAL and the Office of International Law is responsible for advice on the development and implementation of international law.
The authors provide some background on cargo liability regimes including the COGSA, as well as background on the UNCITRAL and CMI processes, before proceeding to give an outline of the Draft Instrument and approach, naming some of the outstanding issues regarding the Draft Instrument, and considering some other issues for Australia in adopting the Draft Instrument as well as the processes involved in consideration by Australia of whether to adopt the Draft Instrument.