New article 74 ter(2) Declaratory actions brought by the carrier and the maritime performing party

Such obligations are found in treaty law (in particular, at the bilateral level) and in declaratory instruments.

However, it was also suggested that the provision should be limited to carrier actions for declaratory relief and that it should not prevent the carrier from instituting actions other than for declaratory relief, such as actions for the payment of freight, in the appropriate jurisdiction of its choosing.

One view was expressed that this might not achieve the purpose because an action for declaratory relief was not an action against the carrier .

The judge stated that he had determined that on the factual merits there is no support for the granting of any declaratory or injunctive relief .

But, even in compelling circumstances, the Committee's procedural rules have not permitted the Committee to engage in a declaratory judgement, or to accept petitions on behalf of a general class of individuals.

But will it really enhance the rights of EU citizens? Or, as the British government insists, will it merely be a declaratory document that only describes rights already existing under national legislation in the member states.

It was indicated that the proposed text for draft article 74 ter(2) was intended to prevent the carrier from seeking declaratory relief to circumvent the connecting factors used in the draft instrument to establish jurisdiction.

The only domestic difference between the cases being that Singer concerned a declaratory proceeding brought by Singer's corporation, while the present case concerns a prosecution against the authors' corporation, the authors invite the Committee to apply Singer.

3. Local remedies shall be exhausted where an international claim, or request for a declaratory judgement related to the claim, is brought preponderantly on the basis of an injury to a national or other person referred to in draft article 8.

The proposed text for draft article 74 ter (2) should be inserted in the draft instrument for further consideration in light of the opinions expressed above, in particular, limiting its application to declaratory relief sought by the carrier or the maritime performing party.

Regarding draft article 15, it was considered important that the exhaustion of local remedies rule applied only to an international claim or a request for a declaratory judgment and not to other diplomatic measures covered by the concept of diplomatic protection as defined in draft article 1.

They needed to make a decision an immediate decision.

The decision to vote means a decision for history.

This draft decision is attached to decision 11 CP.7.

(For the text of the decision, see chapter I, decision .

Annex I to this decision was originally annex I to decision 21 CP.8 and was amended as set out in annex I to decision 18 CP.9 and annex II to decision 12 CP.10 Annex II to this decision was originally set out in annex II to decision 21 CP.8 Annex III to this decision was originally set out in annex II decision 18 CP.9 Annex IV to this decision was originally set out in annex I to decision 12 CP.10

The proposed draft decision also recommends a draft decision for adoption by the COP MOP which would replace the draft COP MOP decision attached to decision 20 CP.9.

It was suggested that clarification was needed with respect to the possibility for the carrier to bring an action for declaratory relief in one of the jurisdictions established by the connecting factors under draft article 72, and for the cargo claimant to demand removal of such action to another of these jurisdictions.

The Commission, in its decision 2004 106, endorsed the Sub Commission's decision.

(For the text of the decision, see chap. I, decision 2 3.

(For the text of the decision, see chap. I, decision 2 5.

(For the text of the decision, see chap. I, decision 2 6.

Review decision

Review decision

Decision making

The decision of the enforcement branch shall stand pending the decision on appeal.

In Decision its decision 2004 119, the Sub Commission requested the preparation ofMs.

See annex, decision 2005 1, for the decision adopted by the Executive Board.

(See annex, decision 2005 2, for the decision adopted by the Executive Board.

(See annex, decision 2005 10 for the decision adopted by the Executive Board.

See annex, decision 2005 9 for the decision adopted by the Executive Board.

See annex, decision 2005 7 for the decision adopted by the Executive Board.

See annex, decision 2005 18, for the decision adopted by the Executive Board.

See annex, decision 2005 12, for the decision adopted by the Executive Board.

Draft text of a possible decision adopting the process for drafting decision guidance documents

For the text of the decision, see chapter II, section B, decision 2005 102.

For the text of the decision, see chapter II, section B, decision 2005 103.

For the text of the decision, see chapter II, section B, decision 2005 113.

For the text of the decision, see chapter II, section B, decision 2005 114.

For the text of the decision, see chapter II, section B, decision 2005 111.

For the text of the decision, see chapter II, section B, decision 2005 114.

For the text of the decision, see chapter II, section B, decision 2005 104.

For the text of the decision, see chapter II, section B, decision 2005 107.

For the text of the decision, see chapter II, section B, decision 2005 105.