Ministry Statements and Speeches 2008

United Nations General Assembly, Sixty-third session, Sixth Committee, Item 74: Report of the United Nations Commission on International Trade Law on the work of its Forty-first session

Statement by Mr. Scott Sheehan, Monday 20 October 2008

Mr Chairman,

The draft Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea is the result of many years of work by experts. For six years it has been negotiated under UNCITRAL and before that was developed by the Comité Maritime International. New Zealand attended most sessions of the Transport Law Working Group as an observer state, and we believe that the observer state arrangements for UNCITRAL afford an excellent opportunity for states to participate in UNCITRAL work.

We would like to take the opportunity to congratulate Renaud Sorreuil on his appointment as Secretary of UNCITRAL and extend our appreciation to UNCITRAL staff for conducting the Transport Law Working Group.  In particular, to Kate Lannan, the Legal Officer on the file, and to Professor Rafael Illeascas Ortiz of Spain for his chairing of the Working Group and the forty-first Commission Session. In addition, we want to acknowledge the commitment and dedication of the technical experts involved over this time, many of whom will be present today.  

Those who have worked on the draft Convention can be proud of producing an instrument that consolidates the law relating to the carriage of goods by sea, and introduces practical improvements that cater to modern supply chain methods and the advent of electronic commerce.

Nevertheless, New Zealand continues to hold two main concerns in respect of elements of the text.

Firstly, we are unsure whether the contracting out provisions are an improvement on the current situation as set out in the Hague Visby rules. The wide level of contracting out that is possible under the draft Convention may result in dis-aggregation rather than harmonisation and may lead to a power imbalance in contractual negotiations.

Secondly, we would like to see greater clarity with regard to the competing interpretations of the scope of the Convention, including the period of responsibility of the carrier.

With comprehensive guidance and practice over time, and a deliberate and well supported approach to implementation, the draft Convention can be successful and inspire the confidence of the international trading community. New Zealand would support such an ongoing effort.

Thank you,
Mr Chairman.

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