Conflicting Laws in Wet Multimodal Carriage of Goods: the UNCITRAL Draft Convention on the Carriage of Goods (Wholly or Partly) (by Sea)
![handle is hein.journals/jmlc37 and id is 509 raw text is: Journal of Maritime Law & Commerce, Vol. 37, No. 4, October, 2006
Conflicting Laws in Wet Multimodal Carriage
of Goods: The UNCITRAL Draft Convention
on the Carriage of Goods [Wholly or Partly]
[by Sea]
Theodora Nikaki*
I
INTRODUCTION
The UNCITRAL Draft Convention on the Carriage of Goods [Wholly or
Partly] [by Sea] (UNCITRAL Draft Convention)' started out in 1996 as an
UNCITRAL2 project on the unification of the international laws on carriage
of goods by sea.3 In the course of this task, the UNCITRAL closely collab-
orated with the CMI4 for a period of three and a half years (1998-2001), dur-
ing which the CMI authored three drafts.5 Then, the UNCITRAL set up the
UNCITRAL Working Group III (on Transport Law)6 that took over the proj-
ect in 2002. The Working Group III has met nine times since 2002' and pro-
duced a preliminary draft and the UNCITRAL Draft Convention.8 It is
*Lecturer (School of Law, University of Swansea), Member of the Institute of International Shipping
and Trade Law.
'Transport Law Draft Convention on the Carriage of Goods [Wholly or Partly] [by Sea], Note by the
Secretariat, U.N. Comm'n on Int'l Trade Law, 16th Sess., U.N. Doc A/CN.9/WG.III/WP.56, available at
http://daccessdds.un.org/doc/UNDOC/LTDN05/ 870/82/PDF[V0587082.pdfOpenElement).
'United Nations Commission on International Trade Law.
'Official Records of the UNCITRAL General Assembly, U.N. Comm'n on Int'l Trade Law, 51st
Sess., Supp. No. 17, at para. 210, U.N. Doc. A/51/17.
'Comite Maritime International.
'The CMI is still working on the Draft Instrument alongside UNCITRAL: The CMI International
Sub-Committee on Transport Law has met twice since the submission of the CMI Draft to UNCITRAL
and the CMI discussed the provisions of the Draft Instrument during a Colloquium held in Bordeaux in
June 2003 and the 38th International CMI Conference held in Vancouver in June 2004. The CMI Drafts
and all relevant documents are published in the CMI Yearbooks. They are also available on line at
www.comitemaritime.org (under Draft Convention on Carriage of Goods).
'Official Records of the UNC1TRAL Geneal Assembly, U.N. Comm'n on Int'l Trade Law, 56th Sess.,
Supp. No. 17 and corrigendum, at para. 345, U.N. Doc. A/56/17 and Corr. 3.
'The Reports of these sessions, as well as their working documents are available on line at
www.uncitral.org (under Working Group III).
8All the previous drafts and working documents are available on line at www.comitemaritime.org
(under Working Group III).](ViewImageLocal?handle=hein.journals/jmlc37&div=31&collection=&method=preview&ext=.png&size=3)
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