CMI - SINGAPORE

The background to the formation of the ISC is set out in the Introductory Paper which was prepared for the first meeting and which was published in Yearbook 1999 at pages 117 to 120. The ISC’s terms of reference were:

To consider in what areas of transport law, not at present governed by international liability regimes, greater international uniformity may be achieved; to prepare the outline of an instrument designed to bring about uniformity of transport law; and thereafter to draft provisions to be incorporated in the proposed instrument including those relating to liability.

In accordance with these terms of reference a draft Outline Instrument has been prepared and is included at pages 122 to 171 below. The papers for consideration at meetings of the ISC have been prepared by the International Working Group ("IWG"). A preceding draft of the Outline Instrument was prepared by the IWG for the fourth meeting of the ISC in October. That draft was considered by the ISC and the draft published below contains revisions made by the IWG in the light of the discussions at that meeting. It should be noted that the section relating to the basis of liability only sets out options for consideration; at this stage it does not propose draft provisions.

At its meeting on 17th September 2000 the Executive Council confirmed that the ISC’s terms of reference should extend to considering how the Instrument might accommodate other forms of carriage associated with the carriage by sea. The IWG has accordingly prepared a paper for discussion at Singapore entitled "Door to Door Transport" which is included at pages 118 to 121 below.

The electronic commerce implications of the draft Outline Instrument have been considered by the E-Commerce Working Group. Its report entitled "Electronic Commerce Implications of the Draft Outline Instrument" is included below at pages 172 to 175.

It is proposed that the sessions of the Committee on this topic at the Singapore Conference should concentrate on the main issues of principle and should not attempt to revise the draft Outline Instrument. Such issues are summarised in an Agenda Paper for the Conference which is at pages 114 to 117. It is proposed that this Agenda Paper should form a basis for the discussions.

It is also proposed that a report of the discussions be prepared and approved at the Conference. The draft Outline Instrument will then be revised in accordance with this report and considered at the next meeting of the ISC.





		The International Sub-Committee on Issues of Transport Law ("ISC") has met four times in January, April, July and October 2000. Reports of these meetings (the report of the fourth meeting in October has not been approved by the ISC and is therefore at present in draft) are included at pages 176 to 289 below. The background to the formation of the ISC is set out in the Introductory Paper which was prepared for the first meeting and which was published in Yearbook 1999 at pages 117 to 120. The ISC’s terms of reference were: To consider in what areas of transport law, not at present governed by international liability regimes, greater international uniformity may be achieved; to prepare the outline of an instrument designed to bring about uniformity of transport law; and thereafter to draft provisions to be incorporated in the proposed instrument including those relating to liability. In accordance with these terms of reference a draft Outline Instrument has been prepared and is included at pages 122 to 171 below. The papers for consideration at meetings of the ISC have been prepared by the International Working Group ("IWG"). A preceding draft of the Outline Instrument was prepared by the IWG for the fourth meeting of the ISC in October. That draft was considered by the ISC and the draft published below contains revisions made by the IWG in the light of the discussions at that meeting. It should be noted that the section relating to the basis of liability only sets out options for consideration; at this stage it does not propose draft provisions. At its meeting on 17th September 2000 the Executive Council confirmed that the ISC’s terms of reference should extend to considering how the Instrument might accommodate other forms of carriage associated with the carriage by sea. The IWG has accordingly prepared a paper for discussion at Singapore entitled "Door to Door Transport" which is included at pages 118 to 121 below. The electronic commerce implications of the draft Outline Instrument have been considered by the E-Commerce Working Group. Its report entitled "Electronic Commerce Implications of the Draft Outline Instrument" is included below at pages 172 to 175. It is proposed that the sessions of the Committee on this topic at the Singapore Conference should concentrate on the main issues of principle and should not attempt to revise the draft Outline Instrument. Such issues are summarised in an Agenda Paper for the Conference which is at pages 114 to 117. It is proposed that this Agenda Paper should form a basis for the discussions. It is also proposed that a report of the discussions be prepared and approved at the Conference. The draft Outline Instrument will then be revised in accordance with this report and considered at the next meeting of the ISC. Stuart N. Beare