33. 在其第四十届会议上,委员会赞赏地注意到工作组第十八届会议(2006年11月6日至17日,维也纳)和第十九届会议(2007年4月16日至27日,纽约)取得的进展(分别见A/CN.9/616和A/CN.9/621)。
At its fortieth session, the Commission took note with appreciation of the progress made by the Working Group at its eighteenth (Vienna, 6-17 November 2006) and nineteenth (New York, 16-27 April 2007) sessions (see A/CN.9/616 and A/CN.9/621, respectively).
在该届会议上,委员会获悉,在其第十八届会议上,工作组继续并大体上完成了对公约草案的二读,在一些棘手问题上取得了重大进展,其中包括有关以下方面的问题:运输单证和电子运输记录、托运人对迟延的赔偿责任、诉讼时限、对承运人赔偿责任的限制、本公约草案与其他公约之间的关系、共同海损、管辖权和仲裁。
At that session, the Commission was informed that, at its eighteenth session, the Working Group had continued and had largely completed its second reading of the draft convention, and had made significant progress with respect to a number of difficult issues, including those regarding transport documents and electronic transport records, shipper's liability for delay, time for suit, limitation of the carrier's liability, the relationship of the draft convention with other conventions, general average, jurisdiction and arbitration.
工作组还审议了依照公约草案提出诉讼的权利问题。
Also considered by the Working Group was the issue of rights of suit pursuant to the draft convention, and it was decided that while an attempt to offer uniform solutions for rights of suit was a laudatory goal, the chapter should be deleted from the draft convention in light of its complexity and of the Working Group's goal for completion of the text.
工作组决定,虽然力图为诉权寻找普遍解决办法是一项值得赞许的目标,但考虑到这种努力的复杂性及工作组的目标是完成本案文,因此应当在公约草案中删除该章。
Also considered by the Working Group was the issue of rights of suit pursuant to the draft convention, and it was decided that while an attempt to offer uniform solutions for rights of suit was a laudatory goal, the chapter should be deleted from the draft convention in light of its complexity and of the Working Group's goal for completion of the text.
委员会还获知,秘书处为第三工作组(运输法)和第二工作组(国际仲裁与调解)的专家进行协商提供了便利,并且已经达成了一项共识,照顾到这两个工作组在有关公约草案仲裁条文方面的需求和一般做法。
The Commission was also informed that the Secretariat had facilitated consultations between experts from Working Group III (Transport law) and experts from Working Group II (International arbitration and conciliation), and that a common understanding had been reached that accommodated the needs and general approach of both working groups regarding the provisions on arbitration in the draft convention.
34. 委员会还获悉,工作组在其第十九届会议上开始对公约草案进行三读,而且这方面已经取得了显著进展。
The Commission was further informed that, at its nineteenth session, the Working Group had commenced its third reading of the draft convention, and that significant progress had been made in that regard.
公约草案若干章节的三读已经完成,其中包括相关定义、适用范围、电子运输记录、承运人的责任期间、承运人的义务、承运人的赔偿责任、有关运输特定阶段的补充条款、合同条款的效力、对延迟交付货物的赔偿责任、公约草案与其他公约之间的关系以及托运人的义务。
Third reading had been completed of a number of chapters of the draft convention, including related definitions, regarding the scope of application, electronic transport records, the period of the responsibility of the carrier, the obligations of the carrier, the liability of the carrier, additional provisions relating to particular stages of the carriage, the validity of contractual terms, liability for delay in the delivery of the goods, the relationship of the draft convention with other conventions, and the obligations of the shipper.
委员会还获悉,有关运输单证和电子运输记录一章的三读也已大体完成。
The Commission was further informed that third reading had also largely been completed of the chapter regarding transport documents and electronic transport records.
35. 委员会称赞第三工作组在其工作上取得的进展,尤其是考虑到工作组的目标是2008年将公约草案提交委员会审议。
The Commission commended Working Group III for the progress made in its work, particularly in light of the Working Group's goal of presenting the draft convention to the Commission for its consideration in 2008.
但委员会仍然对公约草案在处理批量合同中合同自由等一些实质问题上的做法表示了一些实际关切。
Nevertheless, some real concerns were raised regarding the treatment of certain substantive issues in the draft convention, such as freedom of contract in volume contracts, and it was suggested that those issues should receive further examination prior to finalization of the draft convention.
有与会者建议,在最后审定公约草案之前应当对这些问题作进一步审查。
Nevertheless, some real concerns were raised regarding the treatment of certain substantive issues in the draft convention, such as freedom of contract in volume contracts, and it was suggested that those issues should receive further examination prior to finalization of the draft convention.
有一个代表团称,其在通过公约草案问题上的立场将视公约在批量合同中合同自由问题上的处理办法而定。
One delegation indicated that the treatment of the issue of freedom of contract in volume contracts would determine its position with regard to the adoption of the draft convention.
36. 关于完成公约草案的时限,委员会第四十届会议获悉,工作组计划在2007年底完成其三读即最后一读,以便于2008年将公约草案提交委员会最后审定。
With respect to the time frame for completion of the draft convention, the Commission was informed at its fortieth session that the Working Group planned to complete its third and final reading at the end of 2007, with a view to presenting the draft convention for finalization by the Commission in 2008.
为了顾及该项目标,并且考虑到工作组在第二十届会议结束以后可能还需要有一些时间来完成最后一读,委员会商定工作组第二十一届会议定于2008年1月14日至25日举行,目的是安排充分的时间来完成公约草案的最后一读,并在委员会2008年第四十一届会议之前发给各国政府征求意见。
In order to accommodate that goal, and to allow for the possibility that additional time beyond the end of the twentieth session might be needed by the Working Group for completion of the final reading, the Commission agreed to schedule the twenty-first session of the Working Group for 14 to 25 January 2008, in order to provide sufficient time to complete final reading of the draft convention and circulate it for comments to Governments prior to the forty-first session of the Commission in 2008.
此外,委员会商定工作组第二十一届会议将由纽约改在维也纳举行,其原因是,为了在该届会议上完成最后一读,需要有一个包括翻译人员和编辑人员的起草组参与,而这只有在维也纳才能做到。
Further, the Commission agreed to move the twenty-first session of the Working Group from New York to Vienna, given that if the final reading were completed at that session, it would require the participation of a drafting group, including translators and editors, which was possible only in Vienna.
委员会还注意到,工作组在其第二十届会议结束时可决定2008年1月届会的会期究竟应当为一周还是两周,不过考虑到编拟公约草案所涉工作繁重复杂,委员会依照惯例授权工作组按届会会期为两周来安排其届会。
The Commission further noted that the Working Group could decide at the conclusion of its twentieth session whether it required a one-week or a two-week session in January of 2008, but that, generally, noting the complexities and magnitude of the work involved in the preparation of the draft convention, the Commission authorized the Working Group to hold its sessions on the basis of two-week sessions.
(b) 第二十届会议的文件
(b) Documentation for the twentieth session
37. 工作组将收到秘书处编写的一份说明,其中载有[全程或部分][海上]货物运输公约草案修订条文合订本(A/CN.9/WG.III/WP.81和A/CN.9/WG.III/WP.81/Corr.
The Working Group will have before it, and may wish to use as a basis for continuation of its deliberations, a note prepared by the Secretariat containing a consolidation of revised provisions of the draft convention on the carriage of goods [wholly or partly] [by sea] (A/CN.9/WG.III/WP.81 and A/CN.9/WG.III/WP.81/Corr.1).
38. 此外,工作组还将收到下列文件:
In addition, the Working Group will have before it the following documents:
- A/CN.9/WG.III/WP.94;及
- A/CN.9/WG.III/WP.93;
39. 上述文件连同秘书处以往公布的有关这一项目的文件,也可以在贸易法委员会网站(www.uncitral.org)上查到,其中还载有关于本项目的历史资料。
The above-mentioned documents will also be accessible on the UNCITRAL website (www.uncitral.org), together with the documentation previously published by the Secretariat regarding that project, which contains additional information regarding the history of the project.
That documentation includes:
- 委员会第二十九和第三十一至四十届会议的工作报告(A/51/17和A/53/17至A/62/17);
- Reports of the Commission on the work of its twenty-ninth and thirty-first to fortieth sessions (A/51/17 and A/53/17 to A/62/17);
- 工作组第九至十九届会议的工作报告(A/CN.9/510、525、526、544、552、572、576、591、591/Corr.1、594、616和621);及
- Reports of the Working Group on the work of its ninth to nineteenth sessions (A/CN.9/510, 525, 526, 544, 552, 572, 576, 591, 591/Corr.1, 594, 616, and 621); and
- 秘书处编写的供工作组第九至十九届会议审议的工作文件(A/CN.9/ WG.III/WP.20至91及A/CN.9/612)。
- Working papers prepared by the Secretariat for consideration by the Working Group at its ninth to nineteenth sessions (A/CN.9/WG.III/WP.20 to 91, and A/CN.9/612).