GOODS ON

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UNITED NATIONS CONFERENCE ON THE CARRIAGE

OF GOODS BY SEA

Hamburg, 6-31 March 1978

OmCIAL RECORDS

Documents ofthe Conference

and .

Summary Records ofthe Plenary Meetings and ofthe Meetings

ofthe Main Committees

This document is a special issue of United Nations publication Sales No. E.80.VIII.I, reprinted for official distribution only

UNITED NATIONS

New York, 1981

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UNITED NATIONS CONFERENCE ON THE CARRIAGE

OF GOODS BY SEA

Hamburg, 6-31 March 1978

OmCIAL RECORDS

Documents ofthe Conference and

Summary Records ofthe Plenary Meetings and ofthe Meetings

ofthe Main Committees

UNITED NATIONS

New York, 1981

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INTRODUCTORY NOTE

TheOfficial Records ofthe United Nations Conference on the Carriage ofGoodsby Seacontains the preliminary documents, the summary records of the plenary meetings and the meetings of the Main Committees, the Final Act and the Convention; it also contains a complete index of the documents relevant to the proceedings of the Conference.

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The symbols of the United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document.

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The summary records contained in this volume were originally circulated in mimeographed form as documents A/CONF.89/SR.l-lO, A;CONF.89;C.I/SR.I-37 and AjCONF.89;C.2;SR.I-ll. They include the corrections to the provisional summary records that were requested by the delegations and such editorial changes as were considered necessary.

A;CONF.89;14

UNITED NATIONS PUBLICATION Sales No. E.80.VIIl.l

Price: IU.S. 26.00

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CONTENTS

Page General Assembly resolution convening the

Conference. . . • . • • . • • . . . . • • . . . • . . • . . xiii Officers of the Conference and its Committees. . xv Secretariat of the Conference. . • . . . • . • • . . xv Agenda. • • • • . . • . • • . . . • . . . xvii Rules of procedure...•." . . • • . . • . . . • . • • xviii Index to the documents of the Conference ... " xxiv

Part I

DOCUMENTS OF THE CONFERENCE Proposals, reports and other documents A. Report of the Credentials Committee

(A;CONF.89/9) . . . 3 B. Text of the draft Convention on the Carriage

of Goods by Sea approved by the United Nations Commission on International Trade Law (A/CONF.89/5). . . 4 C. Text of the provisions of the draft Conven-

tion on the Carriage of Goods by Sea concerning implementation, reservations and other final clauses prepared by the Secretary- General (A/CONF.89/6 and Add.1 and 2) . 1I D. Analysis of comments and proposals by

Governments and international organizations on the draft Convention on the Car- riage of Goods by. Sea, and on the draft provisions concerning implementation, reservations and other final clauses prepared by

"the Secretary-General (A/CONF.89/8) .... 38 E. Report of the First Committee

(A/CONF.89/1O) .. . . ... .. ... . . ... . . . 70 F. Report of the Second Committee

(A/CONF.89/ll) . . . 125 G. Draft provisions of the Convention on the

Carriage of Goods by Sea approved by the Drafting Committee (A/CONF.89/12 and Add.I-6) . . . .. . . 134 H. Proposals and amendments submitted to the

plenary Conference (A/CONF.89/L.2-9) . . 143 Final Act ofthe United Nations Conference on the

Carriage of Goods by Sea (A/CONF.89;13). 147

jjj

Page

Part 11

SUMMARY RECORDS

Summary records of the plenary meetings 1st plenary meeting

Monday, 6 March 1978, at 1l.30 a.m.

I TEM I OF THE PROVISIONAL AGENDA

Opening of the Conference. . . 157

ITEM2 OF THE PROVISIONAL AGENDA

Election of the President. . . 159

2nd plenary meeting

Monday, 6 March 1978, at 3.15 p.m.

ITEM3OF THE PROVISIONAL AGENDA

Adoption of the agenda ...•' 160

AGENDA hEM 4

Adoption of the rules of procedure. . . 160

AGENDA hEM 5

Election of Vice-Presidents of the Conference and of a Chairman of each of the Main Committees. . . .. . . 160

AGENDA hEM 8

Organization of work . . . •. . . . 160

AGENDA ITEM9

Consideration of the Question of the carriage of goods by sea in accordance with General Assembly resolution 31/l00 of 15 December 1976. . . .. .. . .. . . .. . . .. . 161

3rd plenary meeting

Tuesday, 7 March 1978, at 10.45 a.m.

AGENDA hEM 5

Election of Vice-Presidents of the Conference and of a Chairman of each of the Main Committees(continued). . . . 162

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United Nations Conference on the Carrlage of Goods by Sea

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Iv

Page AGENDA ITEM 7

Appointment of members of the Drafting

Committee . . . 162

4th plenary meeting Wednesday, 8 March 1978, at 3.15 p.m. AGENDA ITEM5 Election of Vice-Presidents of the Conference and of a Chairman of each of the Main Committees(concluded). . . . 162

AGENDA ITEM8 Organization of work (concluded) . . . .. 163

AGENDA ITEM 9 Consideration of the question of the carriage of goods by sea in accordance with General Assembly resolution 31;100 of 15 December 1976 (continued). . . . 163

5th plenary meeting Friday, 10 March 1978, at 3.15 p.m AGENDA ITEM7 Appointment of members of the Drafting Com- mittee (concluded) . . . . 168

AGENDA ITEM 6 Credentials of representatives to the Conference: (a) Appointment of the Credentials Committee. . . 169

6th plenary meeting Wednesday, 29 March 1978, at 7.40 p.m. AGENDA ITEM6 Credentials of representatives to the Conference: (b) Report of the Credentials Committee 169 AGENDA ITEM 10 Adoption of a Convention and other instruments deemed appropriate and of the Final Act of the Conference . . . 169

Draft provisions approved by the Drafting Committee: Article 1 169 Article 2 . . . 173

Article 3 . . . 173

Article 4 . . . 173

Articles 5 to 8. . . 173

7th plenary meeting

Thursday, 30 March 1978, at 9.20 a.m.

AGENDA ITEM 10

Adoption of a Convention and other instruments deemed appropriate and of the Final Act of the Conference (continued) . Draft provisions approved by the Drafting

Committee:

Articles 5 to 8(concluded) .

Article 9 .

Article 10 .

Article 11 .

Article 12 .

Article 13 .

Article 14 .

Article 15 .

Article 16 .

Article 17 .

Article 18 .

Article 19 .

8th plenary meeting

Thursday, 30 March 1978, at 2.15 p.m.

AGENDA ITEM 9

Consideration of the question of the carriage of goods by sea in accordance with General Assembly resolution 31 100 of 15 December

1976 (concluded) .

AGENDA ITEM 10

Adoption of a Convention and other instruments deemed appropriate and of the Final Act of the Conference(continued) . Draft provisions approved by the Drafting

Committee:

Article 19(concluded) ; . . . .

Article 20 .

Article 21 .

Articles 22 to 25. . . .

Article 26 .

Articles 27 to 29 .

Article 30 .

Article 31 .

9th plenary meeting

AGENDA ITEM 10

Adoption of a Convention and other instruments deemed appropriate and of the Final Act of the Conference(concluded) .

Page

174

'174 176 176 176 176 176 176 176 176 177 177 177

178

178 178 178 181 181 181 182 182

183

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Contents v

--~ ---~---~-~ _._---_._---~-

Page Draft provisions approved by the Drafting

Committee:

Article 32 . . . 183 Article 31(concluded) . . . . 185 Article 32 (former article 33) and Article 33

(former article 34) . . . 186 Article 34 (former article 35). . . 188 Final, formal clauses. . . 188 Reports of the First and Second Committees 188 Draft Final Act. . . 188

IOtb plenary meeting

Friday, 31 March 1978, at 12.10 p.m.

AGENDA ITEM 11

Signature of the Final Act and of the Conven- tion and other instruments . . . 190

AGENDA hEM 12

Closure of the Conference. . . 190

Summary records of meetings of the First Committee 1st meeting

Tuesday, 7 March 1978, at 3.20 p.m.

Adoption of the agenda. . . 193 Election of a Vice-Chairman and a Rapporteur 193 Organization of work. . . 193 Consideration of articles 1-25 of the draft

Convention on the Carriage of Goods by Sea, and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention

Article 1 . . . 194

2nd meeting

Wednesday, 8 March 1978, at 10.15 a.m.

Consideration of articles 1-25 of the draft Convention on the Carriage of Goods by Sea, and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention(continued)

Article 1(continued) . . . . 196

3rd meeting

Consideration of articles 1-25 of the draft Convention on the Carriage of Goods by Sea,

Page and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation. reservations and other final clauses for the draft Convention(continued)

Article 1(continued) .... . . . 200

4th meeting

5th meeting

Friday, 10 March 1978, at 10.20 a.m.

Consideration of articles 1-25 of the draft Convention on the Carriage of Goods by Sea, and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention (continued)

Article 1(continued) . . . . 208 Article 2 . . . 211

6th meeting

Friday, 10 March 1978, at 3.30 p.m.

Consideration of articles 1-25 of the draft Con- vention on the Carriage of Goods by Sea, and of the draft article on "reservations" in the draft provisions prepared by the Secretary- General concerning implementation, reservations and other final clauses for the draft Convention(continued)

7th meeting

Monday, 13 March 1978, at 10.15 a.m.

Article 3 . . . 220 Article 4 . . . 220

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8th meeting

Monday, 13March 1978,at 3.20 p.m.

Article I (concluded)... 223 Article 2(concluded) . . . . 223 Article 4(continued) ... . . . 225

9th meeting

Tuesday, 14March 1978,at 10.20 a.m.

Article 4(concluded) . . . . 228 Principal questions on articles 5 and 6 sub-

mitted by the Chairman for consideration by the First Committee. . . 232

10th meeting

Tuesday, 14March 1978,at 3.05 p.m.

Principal questions on articles 5 and 6 submitted by the Chairman for consideration by the First Committee(continued). . . . 233

IIth meeting

Wednesday, 15March 1978,at 10.20 a.m.

Page

12th meeting

Wednesday, 15March 1978,at3p.m.

13th meeting

Wednesday, 15March 1978,at 7.40 p.m.

Principal questions on articles 5 and 6 submitted by the Chairman for consideration by the First Committee(concluded) . . . . 252

14th meeting

Thursday, 16March 1978.at 10.25 a.m.

Consideration of articles 1-25 of the draft Convention on the Carriage of Goods by Sea..

and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention(continued)

Article 7 .. . . 257 Article 9 . . . 258

15th meeting

Thursday, 16March 1978,at 3.05 p.m.

Article 9(continued) . . . . 260 Article 10 . . . 263

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Contents

Page 16th meeting

Thursday, 16March 1978, at 7.35p.m.

Article 11 269 17th meeting Friday,17March 1978,at 10.40 a.m. Consideration of articles 1-25 of the draft Convention on the Carriage of Goods by Sea, and of the draft article on "reservations" in ' the draft provisions prepared by .the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention(continued) Article 11(continued) ... . . . 271

Article 10(concluded) . . . . 272

Article 12 . . . 273

Article 13 . . . 275

18th meeting Friday, 17March 1978, at3.15p.m. Consideration of articles 1-25 of the draft Convention on the Carriage of Goods by Sea, and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention(continued) Article 13(continued) . . . 275

19th meeting Monday, 20 March 1978,at 10.45 a.m. Consideration of articles 1-25 of the draft Convention on the Carriage of Goods by Sea, and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention(continued) Article 13(continued) .. . . . 280

Article 14 . . . 284

vii Page 20th meeting Monday, 20 March 1978,at 3.05 p.m. Consideration of articles 1-25 of the draft Convention on theCarriage of Goods by Sea, and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention(continued) Article 14(concluded) . . . . 285

Article 15 . . . 288

21st meeting Tuesday,21 March 1978,at 10.20 a.m. Consideration of articles 1-25 of the draft Convention on the Carriage of Goods by Sea, and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention(continued) Article 15(continued) .. . . . 290

22nd meeting Tuesday, 21March 1978,at 3.05 p.m. Consideration of articles 1-25 of the draft Convention on the Carriage of Goods by Sea, and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention (continued) Article 15(concluded) . . . . 295

Article 16 . . . 298

23rd meeting Wednesday, 22March 1978. at 10.20 a.m. Consideration of articles 1-25 of the draft Convention on the Carriage of Goods by Seal and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention (continued) Article 17 . . . 300

Article 18 . . . 305

24th meeting

Wednesday, 22March 1978,at 5.15p.m.

Consideration of articles 1-25 of the draft

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United Nations Conference on the Carriage of Goods by _Se_a _ viii

Page Convention on the Carriage of Goods by Sea, and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention (continued)

Article 18 (concluded) . . . . 306

25th meeting Thursday, 23 March 1978, at 10.10 a.m. Consideration of articles 1-25 of the draft Convention on the Carriage of Goods by Sea, and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention (continued) Article 13 (concluded) . . . . 309

Article 19 . . . 309

26th meeting Thursday, 23 March 1978, at 5.40 p.m. Consideration of articles I~25 of the draft Convention on the Carriage of Goods by Sea. and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for . the draft Convention (continued) Article 19 (cont inued ) .. . . . 313

Article 20 . . . 316

27th meeting Friday, 24 March 1978, at 1l.40 a.m. Consideration of articles 1-25 of the draft Convention on the Carriage of Goods by Sea, and of the dtaft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention (continued) Article 21 317 28th meeting Friday, 24 March 1978, at 6.10 p.m. Consideration of articles 1-25 of the draft Convention on the Carriage of Goods by Sea, and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implemen- Page tation, reservations and other final clauses for the draft Convention (continued) Article 21 (continued) 320 29th meeting Saturday, 25 March 1978, at 3.15 p.m. Consideration of articles 1-25 of the draft Convention on the Carriage of Goods by Sea, and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention (continued) Article 21 (concluded) . . . . 325

Article 22 . . . 329

30th meeting Monday, 27 March 1978, at 9.15 a.m. Consideration of articles 1-25 of the draft Convention on the Carriage of Goods by Sea, and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention (continued) Article 22 (concluded) . . . . 331

New article 22 his. . . . 332

Article 23 . . . 334

Article 24 . . . 336

31st meeting Monday, 27 March 1978, at 4 p.m. Consideration of articles 1-25 of the draft Convention on the Carriage of Goods by Sea, and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention (continued) Article 24(concluded') , , , . 336 Article 25 , .. , . . . 337

Article I(continued) , . 337

32nd meeting

Monday, 27 March 1978, at 8.45 p.m.

Consideration of articles 1-25 of the draft Convention on the Carriage of Goods by Sea, and of the draft article on "reservations" in the draft provisions prepared by the

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Contents

Page Secretary-General concerning implementation, reservations and other final clauses for the draft Convention (continued)

Article 19 (continued) ... . . . 343

33rd meeting Tuesday, 28 March 1978, at 10a.m. Consideration of articles 1-25 of the draft Convention on the Carriage of Goods by Sea, and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention (continued) Article 19 (continued) .... . . . 345

New article 22 his (concluded) . . . . 346

Article 1 (continued) . . . . 347

34th meeting Tuesday, 28 March 1978, at 2.25 p.m. Consideration of articles 1-25 of the draft Convention on the Carriage of Goods by Sea, and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention (continued) Article 1 (concluded) . . . . 348

Title of the Convention. . . 349

Article 5 (continued), article 6 (continued), article 8 (concluded) and article 26. . . . 349

35th meeting Tuesday, 28 March 1978, at 5.15 p.m. Consideration of articles 1-25 of the draft Convention on the Carriage of Goods by Sea, and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention (continued) Article 5 (concluded) . . . . 354

Article 6 (continued). . . . 357

Article [ ]. Reservations... 360

ix Page 36th meeting Wednesday, 29 March 1978, at 10.15 a.m. Consideration of articles 1-25 of the draft Convention on the Carriage of Goods by Sea, and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention (continued) Article [ ]. Reservations (continued) . . 362

37th meeting Wednesday, 29 March 1978, at 2.10 p.m. Consideration of articles 1-25 of the draft Convention on the Carriage of Goods by Sea, and of the draft article on "reservations" in the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention (concluded) Article [ ]. Reservations (concluded) . . . 367

Article [ ]. Revision of the limitation amounts and unit of account or monetary unit. . . 368

Completion of the Committee's work. . . 371

Summary records of meetings of the Second Committee 1st meeting Monday, 13 March 1978, at 1l.15 a.m. Adoption of the agenda ., '.' . 372 Election of a Vice-Chairman and a Rapporteur 372 Consideration of the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention on the Carriage of Goods by Sea, with the exception of the draft article on "reservations" .... , . 372

Article [1]. Depositary "... 372

Article [2]. Implementation ,.. 373

Article [3]. Date of application . , . . . 373

Article {4]. Signature, ratification, [accept- ance, approval] accession ,... . 373

2nd meeting Tuesday, 14 March 1978, at 10.15a.m. Election of a Vice-Chairman and a Rapporteur (concluded) . . . .. . . . 375 Consideration of the draft provisions prepared

by the Secretary-General concerning im-

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Uaited NatioDS ConfereDce OD the Carriage of GoodsbySea x

Page

plementation, reservations and other final clauses for the draft Convention on the Carriage of Goods by Sea, with the exception of the draft article on "reservations"

(continued)

Article [I]. Depositary (concluded) . . . . 375 Article [2]. Implementation (continued). . . 376 Article [3]. Date of application (concluded) 376 Article [4]. Signature, ratification, [accept- ance, approval] accession (continued) 376 3rd meeting

Wednesday. J5 March J978. at J0.25 a.m.

Consideration of the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention on the Carriage of Goods by Sea, with the exception of the draft article on "reservations"

(continued)

Article [4]. Signature, ratification, [accept- ance, approval] accession (concluded) . . . . . 377

4th meeting

Thursday, J6 March J978.at 10.20 a.m.

(continued)

Article [6]. Entry into force. . . 380

5th meeting

Friday, J7 March J978, at JO.50 a.m.

Consideration of the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final . clauses for the draft Convention on the Carriage of Goods bySea,with the exception of the draft article on "reservations"

(continued)

Article [6]. Entry into force (continued) . . 385

6th meeting

Monday. 20 March J978. at 3.J5p.m.

Consideration of the draft provisions prepared by the Secretary-General concerning implementation, reservations and other -final clauses for the draft Convention on the

Page

Carriage of Goods by Sea, with the exception of the draft article on "reservations"

(continued)

Article [6]. Entry into force (continued) . . 386, 387 Article [7]. Domestic carriage. . . 386 7th meeting

Tuesday, 2J March J978. at3.15 p.m.

(continued)

Article [6]. Entry into force (continued) ... 390 Article [2]. Implementation (concluded). . . 390 Article [9]. Denunciation... 390 Article [8]. Multimodal transport. . . 392 Final, formal clauses. . . 393 8th meeting

Wednesday, 22 March 1978, at 10.40 a.m.

Consideration of the draft provisions prepared by the Secretary-C meral concerning implementation, reservations and other final clauses for the draft Convention on the Carriage of Goods by Sea, with the exception of the draft article on "reservations"

(continued)

Article [6]. Entry into force (continued) . . 394 Article [8]. Multimodal transport (con-

tinued) . . . . ' 394

9th meeting

(continued)

Article [8]. Multimodal transport (con-

tinued) ... . . . . 396 10th meeting

Friday,24March J978. at 1l.J5 a.m.

Consideration of the draft provisions prepared by the Secretary-General concerning implementation, reservations and other final

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Contents

Page

clauses for the draft Convention on the Carriage of Goods by Sea, with the exception of the draft article on "reservations"

(continued)

Article [8]. Multimodal transport (concluded)... 399 11th meeting

Friday,24March 1978,at 5.50 p.m.

Consideration of the draft provisions prepared

xi

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by the Secretary-General concerning implementation, reservations and other final clauses for the draft Convention on the Carriage of Goods by Sea, with the exception of the draft article on "'reservations"

(concluded)

Article [6]. Entry into force (concluded) . . 402 Article [ ]. Revision and amendment. 404 Final, formal clauses (concluded) . . . . 408 Completion of the Committee's work. . .. . 408

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GENERAL ASSEMBLY RESOLUTION CONVENING THE CONFERENCE 31/100. United Nations Conference on the Carriage

of Goods by Sea The General Assembly,

Recalling its resolution 2205 (XXI) of 17 December 1966, by which it established the United Nations Commis- sion on International Trade Law and defined the object and terms of reference of the Commission,

Having considered chapter IV of the report of the United Nations Commission on International Trade Law on the work of its ninth session¹ which contains draft articles for a convention on the carriage of goods by sea, Notingthat the United Nations Commission on Inter- national Trade Law considered and adopted the draft articles taking note of observations and comments submitted by Governments, by the Working Group on International Shipping Legislation of the United Nations Conference on Trade and Development and by international organizations,

Taking note with appreciationof the comments of the Trade and Development Board of the United Nations Conference on Trade and Development that the revision of the law on carriage of goods by sea involves consideration not only of legal but also of economic and shipping trade aspects, and that these aspects should be given due consideration at an international conference of plenipotentiaries,²

Convinced that international trade is an important factor in the promotion of friendly relations among States and that the adoption of a convention on the carriage of goods by sea which would take into account the legitimate interests of all States, particularly those of the developing countries, which would remove such uncertainties and ambiguities as exist in the rules and practices relating to bills of lading and which would establish a balanced allocation of risks between the cargo owner and the carrier, would contribute to the harmonious development of international trade,

1. Expresses its appreciation to the United Nations Commission on International Trade Law for the valuable work done in having prepared draft articles for a convention on the carriage of goods by sea;

2. Decides that an international conference of plenipotentiaries shall be convened in 1978in New York, or at any other suitable place for which the Secretary-General may receive an invitation, to consider the question of the carriage of goods by sea and to embody the results of its

I Official Records of the General Assembly, Thirty-first Session, Supplement No. 17.

2 TDj8/C.4:153,annex I.

work in an international convention and such other instruments as it may deem appropriate;

3. Refers to the conference the draft articles for a convention on the carriage of goods by sea approved by the United Nations Commission on International Trade Law, together with draft provisions concerning implementation, reservations and other final clauses to be prepared by the Secretary-General;

4. Requests the Secretary-General:

(a) To circulate the draft Convention on the Carriage of Goods by Sea," together with draft provisions concerning implementation. reservations and other final clauses to be prepared by the Secretary-General. to Governments and interested international organizations for comments and proposals;

(b) To convene the United Nations Conference on the Carriage of Goods by Sea for an appropriate period in 1978at any of the places referred to in paragraph 2 above;

(c) To arrange for the preparation of summary records of the proceedings of the plenary meetings of the Con- ference and of meetings of committees of the whole which the Conference may wish to establish;

(d) To invite all States to participate in th- United Nations Conference on the Carriage of Goods by Sea;

(e) To invite representatives of organizations that have received a standing invitation from the General Assembly to participate in the sessions and the work of all international conferences convened under its auspices, in the capacity of observers, in accordance with Assembly resolution 3237 (XXIX) of 22 November 1974;

U)

To invite representatives of the national liberation movements recognized in its region by the Organization of African Unity, in the Capacity of observers, in accordance with General Assembly resolution 3280 (XXIX) of 10 December 1974;

(g) To invite the specialized agencies and the Inter- national Atomic Energy Agency, as well as interested organs of the United Nations and interested regional intergovernmental organizations, to be represented at the Conference by observers;

(h) To draw the attention of the States and other participants referred to in subparagraphs(d)to(g)above to the desirability of appointing as their representatives persons especially competent in the field to be considered;

(i) To place before the Conference:

(i) All comments and proposals received from.

Governments;

3 Official Records of the General Assembly. Thirty-first Session, Supplement No. 17, chap. IV, sect. C.

xiii

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UDiteel NatioDs CODfereDee OD the Carriage ofGoods bySea xiv

(ii) Working and background papers which may be received from the United Nations Commission on International Trade Law, the United Nations Conference on Trade and Development and other interested international organizations, taking into consideration the legal, economic and shipping trade aspects of the draft Convention;

(iii) Draft provisions concerning implementation, reservations and other final clauses and all relevant documentation and recommendations relating to methods of work and procedure;

U) To ensure that all relevant documentation for the Conference will be distributed to all participants in the Conference at the earliest possible date;

(k) To arrange for adequate staff and facilities required for the Conference, bearing in mind the fact that the legal, economic and shipping trade aspects of the carriage of goods by sea should receivedue consideration at the Conference.

99th plenary meeting 15 December 1976

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OFFICERS OF THE CONFERENCE AND ITS COMMITTEES President of the Conference

Mr. Rolf Herber (Federal Republic of Germany), Vice-Presidents of the Conference

The representatives of the following States: Algeria, Argentina, Australia, Belgium, Canada, Cuba, Denmark, Ecuador, German Democratic Republic, Greece, Indonesia, Iraq, Italy, Nigeria, Pakistan, Philippines, Poland, Senegal, Turkey, Uganda, Union of Soviet Socialist Republics and Venezuela.

First Committee Chairman: Mr. M. Chafik (Egypt).

Vice-Chairman: Mr. S. Suchorzewski (Poland).

Rapporteur: Mr. D. M. Low (Canada).

Second Committee Chairman: Mr. D. Popov (Bulgaria).

Vice-Chairman: Mr. Th. J. A. M. de Bruijn (Netherlands).

Rapporteur: Mr. N. Gueiros (Brazil).

Drafting Committee Chairman: Mr. R. K. Dixit (India).

Members: Argentina, Austria, Ecuador, France, German Democratic Republic, Hungary, India, Iraq, Japan, Kenya, Norway, Peru, Sierra Leone, Singapore, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania and United States of America.

Credentials Committee Chairman: Mrs. H. Haji Yusof (Malaysia).

Members: Bangladesh, Canada, Czechoslovakia, Ecuador, Madagascar, Malaysia, Nigeria, Syrian Arab Republic and United States of America.

Secretariat of the Conference

Mr. Erik Suy, Under-Secretary-General, The Legal Counsel of the United Nations (Representative of the Secretary-General of the United Nations from 6 to 11 March 1978).

Mr. Blaine Sloan, Director of the General Legal Division, Office of Legal Affairs (Representative of the Secretary-General of the United Nations from 13 to 31 March 1978).

Mr. Willem C. Vis, Chief, International Trade Law Branch, Office of Legal Affairs (Executive Secretary of the Conference and Secretary ofthe General Committee and of the Drafting Committee).

Mr. Sinha Basnayake, Legal Officer, International TradeLawBranch (Secretary of the First Committee).

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xvi United Nations Conference on the Carriage of GoodsbySea

Mr. John P. Dietz, Legal Officer, International Trade Law Branch (Secretary of the Second Committee).

Mr. Agwu Okali, Legal Officer, International Trade Law Branch (Assistant Secretary of the First Committee).

Mr. GeroId Herrrnann, Legal Officer, International Trade Law Branch (Assistant Secretary of the Second Committee).

Mr. MirosIav Kotora, Legal Officer, International Trade Law Branch (Assistant Secretary of the Drafting Committee).

Mr. Zeno Marcella, Legal Officer, General Legal Division (Secretary of the Credentials Committee).

Mr. Anthony J. Miller, Legal Officer, International Trade Law Branch (Assistant Secretary of the Credentials Committee).

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AGENDA!

1. Opening of the Conference 2. Election of the President 3. Adoption of the agenda

4. Adoption of the rules of procedure

5. Election of Vice-Presidents of the Conference and of a Chairman of each of the Main Committees

6. Credentials of representatives to the Conference:

(0) Appointment of the Credentials Committee (b) Report of the Credentials Committee

7. Appointment of members of the Drafting Committee 8. Organization of work

9. Consideration of the question of the carriage of goods by sea in accordance with General Assembly resolution 31/100of 15 December 1976

10. Adoption of a Convention and other instruments deemed appropriate, and of the Final Act of the Conference

11. Signature of the Final Act and of the Convention and other instruments 12. Closure of the Conference

1 As adopted by the Conference at its 2nd plenary meeting.

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RULES OF PROCEDURE!

CHAPTER I

Representation and credentials Composition of delegations Rule 1

The delegation of each State participating in the Conference shall consist of a head of delegation and such other accredited representatives, alternate representatives and advisers as may be required.

Alternates and advisers Rule 2

An alternate representative or an adviser may act as a representative upon designation by the head of delegation.

Submission of credentials Rule 3

The credentials of representatives and the names of alternate representatives and advisers shall be submitted to the _~xecutive Secretary of the Conference if possible not letter than 24 hours after the opening of the Conference. Any later change in the composition of delegations shall also be submitted to the Executive Secretary. The credentials shall be issued either by the Head of State or Government or by the Minister for Foreign Affairs.

Credentials Committee Rule 4

A Credentials Committee shall be appointed at the beginning of the Conference. It shall consist of nine members, who shall be appointed by the Conference on the proposal of the President. It shall examine the credentials of representatives and report to the Con-

ference without delay. .

Provisional participation in the Conference Rule 5

Pending a decision of the Conference upon their credentials, representatives shall be entitled to participate provisionally in the Conference.

. 1 As adopted by the Conference at its 2nd plenary meeting and CIrculated as document A/CONF.89/3jRev.1. The text is the same as the provisional rules of procedure (AICONF.89i 3 ) ,except for some modifications adopted at the 5th plenary meeting.

CHAPTER 11

Officers Elections Rule 6

The Conference shall elect a President and 22 Vice- Presidents, as well as a Chairman of each of the two Main Committees provided for in rule 43. These 25 officersshall constitute the General Committee and shall be elected on the basis of ensuring its representative character. The Conference may also elect such other officers as it deems necessary for the performance of its functions.

Acting President Rule 7

1. If the President finds it necessary to be absent from a meeting or any part thereof, he shall designate a Vice- President to take his place.

2. A Vice-President acting as President shall have the powers and duties of the President.

Replacement of the President Rule 8

If the President is unable to perform his functions, a new President shall be elected.

The President shall not vote Rule 9

The President, or a Vice-President acting as President, shall not vote in the Conference, but shall designate another member of his delegation to vote in his place.

CHAPTER III

General Committee Chairman Rule 10

The President of the Conference or, in his absence, one of the Vice-Presidents designated by him, shall serve as Chairman of the General Committee.

Substitute members Rule 11

Ifthe President or a Vice-President of the Conference finds it necessary to be absent during a meeting of the General Committee, he may designate a member of his delegation to sit and vote in the Committee. In case of

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Rules of procedure

absence, the Chairman of a Main Committee shall designate the Vice-Chairman of that Committee as his substitute. When serving on the General Committee, the Vice-Chairman of a Main Committee shall not have the right to vote if he is of the same delegation as another member of the General Committee.

Functions Rule 12

The General Committee shall assist the President in the general conduct of the business of the Conference and, subject to the decisions of the Conference, shall ensure the co-ordination of its work.

CHAPTER IV

Secretariat

Duties of the Secretary-General Rule 13

1.The Secretary-General of the United Nations shall be the Secretary-General of the Conference. He, or his representative, shall act in that capacity in all meetings of the Conference.

2. The Secretary-Gem -al shall appoint an Executive Secretary of the Conference and shall provide and direct the staff required by the Conference.

Duties of the Secretariat Rule 14

The Secretariat of the Conference shall, in accordance with these rules:

(a) Interpret speeches made at meetings;

(b) Receive, translate, reproduce and distribute the documents of the Conference;

(c) Publish and circulate the official documents of the Conference;

(d) Prepare and circulate records of public meetings;

(e) Make and arrange for the keeping of sound recordings of meetings;

(f) Arrange for the custody and preservation of the documents of the Conference in the archives of the United Nations; and

(g) Generally perform all other work that the Con- ference may require.

Statementsby the Secretariat Rule 15

The Secretary-General or any member of the staff designated for that purpose may at any time make either oral or written statements concerning any question under consideration.

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CHAPTER V

Conduct of business Quorum Rule 16

The President may declare a meeting open and permit the debate to proceed when representatives of at least one third of the States participating in the Conference are present. The presence of representatives of a majority of the States so participating shall be required for any decision to be taken.

General powers of the President Rule 17

1. In addition to exercising the powers conferred upon him elsewhere by these rules, the President shall preside at the plenary meetings of the Conference, declare the opening and closing of each meeting, direct the discussion, ensure observance of these rules, accord the right to speak, put questions to the vote and announce decisions. The President shall rule on points of order and, subject to these rules, have complete control of the proceedings and over the maintenance of order thereat.The President may propose to the Conference the closure of the list of speakers, a limitation on the time to be allowed to speakers and on the number of times each representative may speak on a question, the adjournment or the closure of the debate and the suspension or the adjournment of a meeting.

2. The President, in the exercise of his functions, remains under the authority of the Conference.

Speeches Rule 18

1. No one may address the Conference without having previously obtained the permission of the President.

Subject to rules 19,20 and 23 to 25, the President shall call upon speakers in the order in which they signify their desire to speak. The Secretariat shall be in charge of dra wing up a list of such speakers. The President may call a speaker to order if his remarks are not relevant to the subject under discussion.

2. The Conference may limit the time allowed to each speaker and the number of times each representative may speak on a question. Before a decision is taken, two representatives may speak in favour of, and two against, a proposal to set such limits. When the debate is limited and a speaker exceeds'the allotted time, the President shall call him to order without delay.

Precedence Rule 19

The Chairman or another representative of a subsidiary organ may be accorded precedence for the purpose of explaining the conclusions arrived at by that subsidiary organ.

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Points of order Rule 20

During the discussion of any matter, a representative may at any time raise a point of order, which shall be decided immediately by the President in accordance with these rules. A representative may appeal against the ruling of the President. The appeal shall be put to the vote immediately, and the President's ruling shall stand unless overruled by a majority of the representatives present and voting. A representative may not, in raising a point of order, speak on the substance of the matter under discussion.

Closing of list of speakers Rule 21

During the course of a debate the President may announce the list of speakers and, with the consent of the Conference, declare the list closed.

Right of reply Rule 22

The right of reply shall be accorded by the President to a representative of a State participating in the Conference who requests it. Any other representative may be granted the opportunity to make a reply. Such replies should be as brief as possible.

Adjournment of debate Rule 23

During the discussion of any matter, a representative may move the adjournment of the debate on the question under discussion. In addition to the proposer of the motion, two representatives may speak in favour of, and two against, the motion, after which the motion shall be put to the vote immediately.

Closure of debate Rule 24

A representative may at any time move the closure of the debate on the question under discussion, whether or not any other representative has signified his wish to speak. Permission to speak on the closure of the debate shall be accorded only to two speakers opposing the closure, after which the motion shall be put to the vote immediately.

Suspension or adjournment of the meeting Rule 25

During the discussion of any matter, a representative may move the suspension or the adjournment of the meeting. Such motions shall not be debated, but shall be put to the vote immediately.

Order of motions Rule 26

Subject to rule 20, the motions indicated below shall

have precedence in the following order over all proposals or other motions before the meeting:

(a) To suspend the meeting;

(b) To adjourn the meeting;

(c) To adjourn the debate;

(d) To close the debate.

Proposals Rule 27

1. The basis for consideration by the Conference on the Carriage of Goods by Sea shall be the following proposals:

(a) The draft articles for a Convention on the Carriage of Goods by Sea approved by the United Nations Commission on International Trade Law as contained in the report of the Commission on the work of its ninth session;'

(b) The draft provisions concerning implementation, reservations and other final clauses prepared by the Secretary-General.³

2. Other proposals shall be those submitted at the Conference in accordance with rule 28.

Other proposals and amendments Rule 28

Other proposals shall normally be submitted in writing to the Executive Secretary of the Conference, who shall circulate copies to all delegations. As a general rule, no proposal shall be discussed or put to the vote at any meeting of the Conference unless copies of it have been circulated to all delegations not later than the day preceding the meeting. The President may, however, permit the discussion and consideration of amendments even though these amendments have not been circulated or have only been circulated the same day.

Decisions on competence Rule 29

Subject to rule 20, any motion calling for a decision on the competence of the Conference to discuss any matter or to adopt a proposal or an amendment submitted to it shall be put to the vote before the matter is discussed or a vote is taken on the proposal or amendment in question.

Withdrawal of proposals and motions Rule 30

A proposal or a motion may be withdrawn by its proposer at any time before voting on it has commenced, provided that it has not been amended. A proposal or a motion which has thus been withdrawn may be reintro- duced by any representative.

2 See document A/CONF.89 5 below.

3 See documents ACONF.89,6 and Add.l and 2 below.

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Rules of proeedure

Reconsideration of proposals Rule 31

When a proposal has been adopted or rejected it may not be reconsidered unless the Conference, by a two- thirds majority of the representatives present and voting, so decides. Permission to speak on the motion to reconsider shall be accorded only to two speakers opposing the motion, after which it shall be put to the vote immediately.

CHAPTER VI

Voting Voting rights Rule 32

Each State represented at the Conference shall have one vote.

Required majority Rule 33

1. Decisions of the Conference on all matters of substance shall be taken by a two-thirds majority of the representatives present and voting.

2. Decisions of the Conference on matters of procedure shall be taken by a majority ofthe representatives present and voting.

3. If the question arises whether a matter is one of procedure or of substance, the President shall rule thereon. An appeal against this ruling shall be put to the vote immediately and the President's ruling shall stand unless overruled by a majority of the representatives present and voting.

4. For the purpose of these rules, the phrase

"representatives present and voting" means representatives present and casting an affirmative or negative vote.

Representatives who abstain from voting shall be considered as not voting.

5. If the vote is equally divided on a decision requiring a majority of the representatives present and voting, the proposal or motion shall be regarded as rejected.

Method of voting Rule 34

The Conference shall normally vote by show of hands or by standing, but any representative may request a roll- call. The roll-call shall be taken in the English alphabeti- cal order of the names of the States participating in the Conference, beginning with the delegation whose name is drawn by lot by the President.

Conduct during voting Rule 35

The President shall announce the commencement of voting, after which no representative shall be permitted to intervene until the result of the vote has been announced, except on a point of order in connexion with the process of voting.

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Explanation of vote Rule 36

. Representatives may make brief statements consisting solely of explanation of their votes, before the voting has commenced or after the voting has been completed. The representative of a State sponsoring a proposal or motion shall not speak in explanation of vote thereon except if it has been amended.

Division of proposals Rule 37

A representative may move that parts of a proposal shall be voted on separately. If objection is made to the request for division, the motion for division shall be voted upon. If the motion for division is carried, those parts of the proposal which are subsequently approved shall be put to the vote as a whole. If all operative parts of the proposal have been rejected, the proposal shall be considered to have been rejected as a whole.

Amendments Rule 38

An amendment is a proposal that does no more than add to, delete from or revise part of another proposal.

Unless specified otherwise, the word "proposal" in these rules shall be considered as including amendments.

Voting on amendments Rdle 39

When an amendment is moved to a proposal, the amendment shall be voted on first. When two or more amendments are moved to a proposal, the Conference shall first vote on the amendment furthest removed in substance from the original proposal and then on the amendment next furthest removed therefrom, and so on until all the amendments have been put to the vote.

Where, however, the adoption of one amendment nec- essarily implies the rejection of another amendment, the latter amendment shall not be put to the vote. Ifone or more amendments are adopted, the amended proposal shall then be voted upon.

Voting on proposals Rule 40

If two or more proposals relate to the same question, the Conference shall, unless it decides otherwise, vote on the proposals in the order in which they have been submitted. The Conference may, after each vote on a proposal, decide whether to vote on the next proposal.

Elections Rule 41

All elections shall be held by secret ballot, unless otherwise decided by the Conference in an election where the number of candidates does not exceed the number of places to be filled.

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United Nations ConferenceODthe Carriage of Goods by Sea xxii

Rule 42

I. When one or more elective places are to be filled at one time under the same conditions, those candidates, in a number not exceeding the number of such places, obtaining in the first ballot a majority of the votes cast and the largest number of votes, shall be elected.

2. If the number of candidates obtaining such majority is less than the number of places to be filled, additional ballots shall be held to fill the remaining places.

CHAPTER VII

Subsidiary organs

Main committees. sub-committees and working groups Rule 43

1. The Conference shall establish two Main Com- mittees (the "First Committee" and the "Second Committee"), each of which may set up sub-committees or working groups.

2. The Conference shall determine the matters to be considered by each Main Committee. The General Committee, upon the request of the Chairman of a Main Committee, may adjust the allocation of work between the Main Committees.

Drafting Committee Rule 44

1. The Conference shall establish a Drafting Com- mittee consisting of 18 members appointed by the Con- ference on the proposal of the General Committee. The Rapporteur of each of the Main Committees may parti- cipate ex officio, without a vote, in the work of the Drafting Committee.

2. The Drafting Committee shall prepare drafts and give advice on drafting as requested by the Conference or by a Main Committee. It shall co-ordinate and review the drafting of all texts adopted, and shall report as appropriate either to the Conference or to the Main Committee concerned.

Officers Rule 45

1. Each Main Committee shall have a chairman, a vice-chairman and a rapporteur. Other subsidiary organs shall have a chairman and such other officers as may be required.

2. Except as otherwise provided in rules 6 and 10, each committee, sub-committee and working group shall elect its own officers.

Applicable rules Rule 46

The rules contained in chapters 11, IV, V and VI above shall be applicable, mutatis mutandis, to the proceedings of subsidiary organs, except that:

(a) The chairmen of the General Committee, the Drafting Committee and the Credentials Committee and

the chairmen of sub-committees and working groups may exercise the right to vote.

(b) The chairman ofaMain Committee may declare a meeting open and permit the debate to proceed when representatives of at least one quarter of the States participating in the Conference are present. The presence of representatives of a majority of the States so participating shall be required for any decision to be taken.

(c) A majority of the representatives on the General Committee, the Drafting Committee, the Credentials Committee or on any sub-committee or working group shall constitute a quorum.

(d) Decisions of subsidiary organs shall be taken by a majority of the representatives present and voting, except that a motion to reconsider a proposal shall require the majority established by rule 31.

CHAPTER VIII

Languages and records Languages ofthe Conference Rule 47

Arabic, Chinese, English, French, Russian and Spanish shall be the languages of the Conference.

Interpretation Rule 48

I. Speeches made in a language ofthe Conference shall be interpreted into the other such languages.

2. A representative may speak in a language other than a language of the Conference. In this case he shall himself provide for interpretation into one of the languages of the Conference, and interpretation into the other languages by the interpreters of the Secretariat may be based on the interpretation given in the first such language.

Records and sound recordings of meetings Rule 49

1. Summary records of the plenary meetings of the Conference and of the meetings of the Main Committees shall be kept in the languages of the Conference. As a general rule, they shall be circulated as soon as possible simultaneously in all the languages of the Conference, to all representatives, who shall inform the Secretariat within five working days after the circulation of the summary record of any corrections they wish to have made.

2. The Secretariat shall make sound recordings of meetings of the Conference and of the Main Committees.

Such recordings shall be made of meetings of other subsidiary organs when the body concerned so decides.

Language of official documents Rule 50

Official documents shall be made available in the languages of the Conference.

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Rules of procedure

CHAPTER IX

Public and private meetings Plenary and Main Committees Rule 51

The plenary meetings of the Conference and the meetings of its Main Committees shall be held in public unless the body concerned decides otherwise.

Subsidiary organs Rule 52

As a general rule, meetings of subsidiary organs other than Main Committees shall be held in private.

CHAPTER X

Other participants and observers

Representatives ofthe United Nations Councilfor Namibia Rule 53

Representatives designated by the United Nations Council for Namibia may participate in the deliberations of the Conference, its Main Committees and, as appropriate, in other subsidiary organs. They shall have the right to submit proposals.

Representatives of organizations that have received a standing invitation from the General Assembly to parti- cipate in the sessions and work of all international conferences convened under the auspices of the General Assembly, in the capacity of observers

Rule 54

Representatives designated by organizations that have receiveda standing invitation from the General Assembly to participate in the sessionsand work of all international conferences convened under the auspices of the General Assembly may participate as observers, without the right to vote, in the deliberations of the Conference, its Main Committees and, as appropriate, in other subsidiary organs.

Representatives of national liberation movements Rule 55

Representatives designated by national liberation movements invited to the Conference may participate as observers, without the right to vote, in the deliberations of the Conference, its Main Committees and, as appropriate, in other subsidiary organs.

Representatives of United Nations organs and agencies Rule 56

Representatives designated by organs of the United Nations, the specialized agencies and the International Atomic Energy Agency may participate as observers,

xxiii

without the right to vote, in the deliberations of the Conference, its Main Committees and, as appropriate, in other subsidiary organs.

Observers for other intergovernmental organizations Rule 57

Observers designated by other intergovernmental organizations invited to the Conference may participate, without the right to vote, in the deliberations of the Conference, its Main Committees and, as appropriate, in other subsidiary organs.

Observers for non-governmental organizations Rule 58

I. Observers designated by non-governmental organizations invited to the Conference may attend public meetings of the Conference and its Main Committees and, as appropriate, other subsidiary organs.

2. Upon the invitation of the presiding officer of the body concerned, and subject to the approval of that body, such observers may make oral statements on questions in which they have a special competence.

Written statements Rule 59

Written statements related to the work of the Con- ference submitted by. the designated representatives or observers referred to in rules 53 to 58 shall be distributed by the Secretariat to all delegations in the quantities and in the languages in which the .tatements are made available to the Secretariat for distribution, provided that a statement submitted on behalf of a non-governmental organization is on a subject in which it has a special competence and is related to the work of the Conference.

CHAPTER Xl

Amendment or suspension of the rules of procedure Method of amendment

Rule 60

These rules may be amended by a decision of the Conference taken by a two-thirds majority of the representatives present and voting upon a recommendation of the General Committee.

Method of suspension Rule 61

These rules may be suspended by a decision of the Conference, provided that 24 hours notice of the proposal for the suspension has been given, which may be waived if no representative objects; subsidiary organs may by unanimous consent waive rules pertaining to them. Any suspension shallbelimited to a specific and stated purpose and to the period required to achieve it.