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10 J. World Trade L. 334 (1976)
Law of the Sea and the Marine Carrier's Liability, The

handle is hein.kluwer/jwt0010 and id is 350 raw text is: The Law of the Sea and the Marine Carrier's Liability PATRICK J. O'KEEFE and R. J. COLINARD IN MAY 1976 A DRAFT CONVENTION on the Carriage of Goods by Sea' was considered by the Ninth Session of the United Nations Com- mission on International Trade Law (UNCITRAL). A decision was taken to convene a Diplomatic Conference for the purpose of adopting the Draft. Although there was criticism of particular aspects of the Draft,2 considerable support for it was shown at both governmental and private levels. In early 1976 the Third United Nations Conference on the Law of the Sea held its Fourth Session in New York. The aim of the Conference was to produce a treaty or treaties dealing with a broad range of issues on the law of the sea including those concerning the r~gimes of the high seas, the continental shelf, the territorial sea (including the question of its breadth and the question of international straits) and contiguous zone.3 Other matters covered were the regime of archipelagic waters and the concept of the exclusive economic zone. What is the relationship between these two developments? To what extent will possible changes in the traditionally accepted public inter- national law of the sea interact with recommended modifications in the liability of the sea carrier of goods? Will the degree of commercial risk for the carrier and his insurer be raised? This article devotes itself to a discussion of these problems. PUBLIC INTERNATIONAL LAW OF THE SEA The three sessions of the Third United Nations Conference on the Law of the Sea already held have been at New York (I973), Caracas I U.N. Doe. A/CN. 9/105 Annex. 2 McGilchrist, The New Hague Rules, 3, Lloyd's Maritime and Commercial Law Quarterly, 255, 1974. 3 U.N. General Assembly Resolution 2750 (XXV) of 17 December 1970. The present article went to print before the results of the New York Session were known. Patrick Y. O'Keefe holds a B.A., LL.B. (Q'ld.), M.A. in Business Law, a C.N.A.A. from the City of London Polytechnic, LL.M. (A.N.U.) and is presently Lecturer in Law, University of Sydney. R. J. Colinord holds an LL.B from the University of Sydney. 334 Copyright © 2007 by Kluwer Law International. All rights reserved. No claim asserted to original government works.

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