Exhibit V

2. Liability 51 73 17

J. Question of liability

Nature of liability

Limits of liability

(c) Aviation liability

(d) Demining liability.

Questions were raised concerning the nature of the liability of the certification authority, in particular whether such liability would be based on negligence or whether it would be defined as strict liability , a notion which was also referred to as objective liability or no fault liability .

Liability of the Tribunal

Minimum standard of liability

Models of existing liability and compensation regimes revealed that State liability was more of an exception than the rule.

We are morally responsible for their payment.

The Code also stipulates that the State must assume liability for personal harm if it proves impossible to identify the person responsible for payment of compensation under the terms of the provisions governing responsibility or liability for illicit acts, unless the failure to identify the person responsible or liable therefor is attributable to a fault on the part of the victim or one of his heirs (art. 256).

In this regard, there is a certain validity in giving more attention to the issue of liability (if not civil liability per se) rather than responsibility.

VII. Aviation liability policy

However difficult the subject might be, involving aspects of both contractual and tortious liability, the prevailing view was that the question of the liability of certification authorities should be dealt with in the uniform rules.

It begins by defining liability for personal acts and goes on to define a person apos s liability, in certain specific cases, for the acts of others and for damage caused by incorporeal things.

Liability for intentional or reckless behaviour

Comparative table on limitation levels of carrier liability

(g) any limitation of the liability of the certification authority

VI. Demining liability policy

7. Proposed law absolving persons of liability to compensate

(d) Any other means of limiting the liability of the Organization.

Primary liability should rest with the operator.

It was noted that such a liability scheme, which was similar to schemes contemplated in some national laws concerning product liability, would provide additional protection to service users, without however imposing strict liability on the certification authority.

Moreover, the working assumption is that the draft instrument would also apply to multimodal contracts that include a sea leg.

(a) Obligations stipulated in Article 13 (1)(a) and (b) and liability arising from the breach thereof or limitation of that liability

It was stated that the issue of liability of certification authorities involved two different types of liability a structural liability, which resulted from the breach by the certification authority of its terms of operation, and a transactional liability, which resulted from the certification authority apos s actions in issuing, suspending or revoking a certificate.

Another possibility for limiting the liability consisted in excluding liability for certain types of damages, such as consequential damages.

Directors' and officers' responsibilities and liabilities in insolvency and pre insolvency cases

Variant Y The ... the enacting State specifies the organ or authority competent to promulgate liability regulations may promulgate regulations on the liability of certification authorities.

In case it causes losses, it should be liable for compensation according to laws.

Freedom of contract approach vs. exemption from liability approach

Principle 36 Rights and duties arising out of the obligation to make reparation

PRINCIPLE 36. RIGHTS AND DUTIES ARISING OUT OF THE OBLIGATION TO MAKE REPARATION

Principle 33 Rights and duties arising out of the obligation to make reparation

PRINCIPLE 33. RIGHTS AND DUTIES ARISING OUT OF THE OBLIGATION TO MAKE REPARATION

VIII. Headquarters liability self insurance programme

(b) Liability of the United Nations under the lease system.

Another delegation pointed out that the issue of liability in relation to the question of compensation could be dealt with under the topic international liability .

(iii) Article 7 of the Convention on the Protection and Use of Transboundary Watercourses and International Lakes, 1992, Responsibility and liability

2. These measures should include the imposition of liability on the operator or, where appropriate, other person or entity. Such liability should not require proof of fault. Any conditions, limitations or exceptions to such liability shall be consistent with draft principle 3.

The Working Group was reminded of its earlier discussion concerning consumer issues and the liability of a certification authority and the possible limitations or exclusions of liability pursuant to national law or the certification authority apos s certification practice statement.

However, one delegation has expressed the view that provided that the actual shipper is liable, the contractual shipper should be relieved of his liability.

Such provision (not necessarily to be included in Chapter 10) could be a fault based liability with a reversal of the burden of proof, similar to the provision relating to the shipper's liability in paragraph 31(1) (previously 29(1)).