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United Nations Convention on the Liability of Operators of Transport Terminals in International Trade (United Nations 1994)

Preamble

Article 1 - Definitions

Article 2 - Scope of application

Article 3 - Period of responsibility

Article 4 - Issuance of document

Article 5 - Basis of liability

Article 6 - Limits of liability

Article 7 - Application to non-contractual claims

Article 8 - Loss of right to limit liability

Article 9 - Special rules on dangerous goods

Article 10 - Rights of security in goods

Article 11 - Notice of loss, damage or delay

Article 12 - Limitation of actions

Article 13 - Contractual stipulations

Article 14 - Interpretation of the Convention

Article 15 - International transport conventions

Article 16 - Unit of account

Final Clauses

Article 17 - Depositary

Article 18 - Signature, ratification, acceptance, approval, accession

Article 19 - Application to territorial units

Article 20 - Effect of declaration

Article 21 - Reservations

Article 22 - Entry into force

Article 23 - Revision and amendment

Article 24 - Revision of limitation amounts

Article 25 - Denunciation

[Post Provisions]

[Post Clauses (If any: Signed; Witnessed; Done; Authentic Texts; & Deposited Clauses)]

Note by the Secretariat:

[Note]

A. Policies underlying the Convention

Need for mandatory liability rules

Gaps in liability regimes left by international conventions

Need for harmonization and modernization

Consequences and benefits of the Convention

B. Preparatory work

[Preparatory work]

C. Salient features of the Convention

Definitions

Period of responsibility

Issuance of document

Basis of liability

Limits of liability

Application to non-contractual claims

Loss of right to limit liability

Rights of security in goods

Limitation of actions

Final clauses

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

United Nations Convention on the Liability of Operators of Transport Terminals in International Trade (United Nations 1994)

United Nations (UN)

copy @ Lex Mercatoria

United Nations Convention on the Liability of Operators of Transport Terminals in International Trade (United Nations 1994)

[Note]

C. Salient features of the Convention

Basis of liability

30 . The Convention deals with the operator's liability for loss resulting from physical loss of or damage to goods as well as from delay in handing over the goods (article 5). The question whether the concept of "loss" includes lost profits is left to the applicable law.

31 . The liability of the operator under the Convention is based on the principle of presumed fault or neglect. This means that, after a claimant has established that the loss or damage occurred during the operator's period of responsibility, it is presumed that the loss or damage was caused by the operator's negligence. The operator can be relieved of his liability if he proves that he, his servants or agents, or other persons of whose services the operator makes use for the performance of the transport-related services took all measures that could reasonably be required to avoid the loss or damage.

32 . Reservations were expressed about the principle of presumed liability on the ground that in some terminals people who deposited goods in the terminal may come in the terminal in order to inspect the goods, take samples or show the goods to prospective buyers, and that, as a result, the terminal operators could not exercise full control over goods. Those reservations were not accepted since it was considered that placing the burden of proof of negligence on the owner of goods would in practice often mean that the owner would not be able to establish liability for losses arising from pilferage, theft and poor organization of work. Moreover, it is reasonable to expect that operators should organize proper supervision over goods and that the principle of presumed liability was a suitable stimulus therefor.


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