Examples of using Draft paragraphs in English and their translations into Arabic
{-}
-
Colloquial
-
Political
-
Ecclesiastic
-
Ecclesiastic
-
Computer
that draft paragraph 1, and possibly draft paragraphs 2 and 3, did not contain rules specific to the use of electronic means of communications.
It was also indicated that draft paragraphs(b) and(c) regarding the place of receipt and delivery of the goods would not apply to those maritime performing parties who performed duties exclusively on the ship.
Some of the concerns that had been expressed, it was suggested, could be addressed by reformulating the draft paragraph to express more clearly the logical relationship between draft paragraphs 2 and 3, which established a sanction of a private law nature.
It was observed that while draft paragraphs 11(2) and 11(4) both contained default
Further, in response to the statement that draft paragraphs 12.3 and 12.4 could apply when no document at all was issued, it was explained that the transfer of rights could take place pursuant to an exchange of electronic data.
The draft paragraphs for use in the outcome document contained dozens of unfair, unbalanced and often untrue allegations about Israel, while failing to address more serious problems elsewhere.
The Working Group heard that, in the responses to the informal questionnaire in A/CN.9/WG. III/WP.57, most of the respondents approved of the general approach taken by draft paragraphs 11(1),(2) and(4).
By way of explanation of the differences between draft paragraphs 11(2) and 11(4), it was noted that in port-to-port carriage, goods were seldom delivered all at once, and that there was usually a time period between the actual delivery of the goods to the carrier and their loading.
It was also suggested that draft paragraphs 1(a) and(b)
The Working Group noted that, although draft paragraphs 4 and 5 had been inserted to address a particular problem raised by arbitration agreements, the usefulness of those provisions extended beyond that limited field in view of possible obstacles to electronic commerce that
Finally, it was explained that the last sentence in proposed paragraph 4 was intended to allow a court designated by draft paragraphs 75(a),(b) or(c) to either accept
That suggestion was not adopted, as the Working Group felt that the resulting formulation of draft paragraphs 4 and 5 would become ambiguous and would not necessarily mean a higher standard of integrity, since it could be argued that any" assurance" of integrity, however" reliable", might suffice.
Mr. Caprioli(France) said that he supported the United States delegation ' s view regarding draft paragraphs 4 and 5 and agreed with the distinction drawn between an environment in which the uniqueness of an original was important, as in the case of negotiable instruments which were not covered by the draft convention, and an environment in which singularity was not required.
However, contrary views were also expressed that deletion of the phrase could be problematic, since draft article 13 stated that delivery to the consignee was a core obligation of the carrier, and it was suggested that special cases such as delivery to authorities or to persons other than the consignee should be included in draft paragraphs 11(3) and(5).
The Working Group agreed that the issues raised by negotiable instruments and similar documents, in particular the need for ensuring their uniqueness, went beyond simply ensuring the equivalence between paper and electronic form and that, therefore, draft paragraphs 4 and 5 were not sufficient to render the provisions of the draft convention appropriate for those documents.
He presented to the Commission draft paragraphs to be reflected in the present statement with respect to the position of the Commission concerning the decision regarding the conditions of service of the members of the Commission on the Limits of the Continental Shelf, adopted by the twenty-fourth Meeting of States Parties to the Convention(see SPLOS/276; see also above paras. 10-12).
Another argument in support of retaining draft paragraphs 4 and 5 was that, whereas uniqueness was in fact an important condition for an effective system of negotiability in connection with transport documents or negotiable instruments, documents could retain their condition as" original" documents even if they were issued in several" original" copies.
The Working Group therefore agreed that it would be preferable to replace both draft paragraphs 2 and 3 by a provision that reflected the qualifications to the scope of application of the draft convention currently contained in draft article 1, paragraph 1, along the following lines.
It was suggested that these definitions could be unnecessary given draft paragraphs 7(2),(3) and(4) in the draft instrument,
with the possibility of further additions or exclusions by way of declarations made under draft paragraphs 2 or 3, as appropriate.
