That with respect to draft rules 6 and 7

Special rules on dangerous goods (draft article 33, former 30)

As the COP has not been able to adopt its rules of procedure, the draft rules of procedure will continue to be applied, with the exception of draft rule 42, until the rules are adopted by the COP.

The draft final report was subsequently edited according to the rules of the United Nations.

Mr. Lavalle (Guatemala) argued that draft paragraph 1 (b) might not be superfluous if it were interpreted as referring to circumstances in which the rules of private international law differed from the rules applicable by Contracting States under draft article 1.

She therefore supported the proposal to refer to applicable rules of law in draft paragraph 2.

Rule 9 of the draft rules of procedure being applied provides In agreement with the President, the secretariat shall draft the provisional agenda of each session .

A proviso for the existence of special rules will have to be included in the draft articles.

If one takes this approach, the draft articles could start from the premise that their scope includes breaches of obligations under the rules of the organization to the extent that these rules have kept the character of rules of international law.

Action The COP MOP will be invited to apply the draft rules of procedure of the COP being applied, mutatis mutandis, with the exception of draft rule 42.

It was also suggested that retention of the proposed bracketed text for draft article 2 (1)(c) would be incompatible with draft chapters 15 and 16 of the draft instrument since the joint effect of these rules would be to allow parties a choice of procedural rules and this choice would conflict with mandatory provisions of private international law.

It was also noted that further items in abeyance could be avoided in the future by precisely applying the draft rules of procedure as applied, in particular rules 10 and 16.

In the absence of objections, he took it that the Conference wished to adopt the draft rules of procedure.

Adopted the draft rules of procedure of the Governing Council of the United Nations Human Settlements Programme (UN HABITAT) procedure

This would entail that the present draft articles should not cover breaches of obligations under the rules of the organization.

It was stated that States which did not adopt any international instrument relating to arrest had developed domestic rules on arrest, and that the draft instrument should also avoid interference with these domestic rules.

For instance, where there was an element of intent in an input error, the existence of the special rules in draft article 14 did not pre empt the application of rules of law governing mistakes.

Rule 27 of the draft rules of procedure being applied provides Each subsidiary body shall elect its own Vice Chairman and Rapporteur .

Scope of application draft article 3 (2) was intended to ensure that transactions covered by the Hague and Hague Visby Rules would continue to be governed by the draft instrument, so that the draft instrument would not reduce the current level of coverage.

However, concern was also expressed that recourse to arbitration might hinder the application of the rules of the draft instrument on exclusive jurisdiction.

12. Also requests the Secretary General to bring to the attention of the organs concerned, when they are taking action on draft resolutions and decisions, rules 78 and 120 of the rules of procedure of the General Assembly

At SBI 17, Parties expressed the view that the draft rules of procedure of the COP being applied should also be applied, mutatis mutandis, by the COP MOP, with the exception of draft rule 42.

Moreover, it was noted that the draft principles did not lend themselves to becoming a self executing treaty they should merely establish some basic rules or guidelines for States that might evolve into legally binding rules following further elaboration.

The European Commission, as custodian of the Treaty establishing the European Community and the Community rules derived therefrom, was required to ensure compatibility between the draft convention and Community rules, in particular Directive 2000 31 EC on electronic commerce.

In addition, there was some support for the inclusion of a provision along the lines of draft article 85 of the current chapter on arbitration requiring an arbitrator to apply the rules of the draft convention.

On the proposal of the President, the COP MOP decided that the draft rules of procedure as contained in document FCCC CP 1996 2 should be applied, mutatis mutandis, with the exception of draft rule 42.

The conduct of the auction itself would under the draft text below be governed by the principles and objectives of the rules governing tendering.

The definition of rules of the organization was given in draft article 4 for the purpose of the general rule on attribution of conduct.

As draft article 1 could be interpreted as stipulating that the rules of private international law governed the applicability of the convention, it would be redundant to include a provision with identical effect in draft article 18.

The representative of the United States invoked rule 153 of the rules of procedure of the General Assembly to delay action on the draft proposal.

Since the draft resolutions have been circulated only today, it would be necessary to waive the relevant provision of rule 78 of the rules of procedure.

In accordance with rule 25 of the draft rules of procedure being applied, Mr. Emilio Sempris completed the remainder of the current term of the Rapporteur.

Moreover, the European Commission was duty bound to maintain the European Community's powers to adjust its rules to developments in areas covered by the draft convention.

Under the draft COP MOP 1 decision attached to decision 17 CP.7, the COP MOP will decide that when applying the draft rules of procedure of the Conference of the Parties being applied, it should be understood that

Pursuant to rule 20 of the rules of procedure of the General Assembly, please find attached an explanatory memorandum (annex I) and a draft resolution (annex II).

It was further suggested that concursus of actions was a general problem of litigation dealt with in all national legislation, whose rules the draft instrument should respect.

Mr. Bellenger (France) said it was illogical to argue that the draft convention should not lay down substantive rules because it contained no penalties for non compliance.

The value of the present draft convention was that it set international standards that served as default rules from which States should not deviate without good reason.

This does not need to be stated in article 8, because it could be adequately covered by a final provision of the draft, which would point to the possible existence of special rules on any of the matters covered by the draft.

While endorsing the basic content of the draft principles, some delegations did not favour casting it in the form of draft principles, essentially because in their view the term principles applied to general rules, such as generally recognized principles of international law.

That clause was similar to the safe harbour rule already provisionally accepted in draft articles 7 and 13 and was aimed at preventing any conflict between Community rules and the draft convention as interpretations by the Contracting States and national courts gradually evolved.

On the proposal of the President, the COP decided that, in the meantime, as at previous sessions, the draft rules of procedure as contained in document FCCC CP 1996 2 should continue to be applied, with the exception of draft rule 42.

However, these suggestions may only have the purpose of limiting the scope of the draft articles, because they appear to cover also obligations that an international organization may have towards its agents and its member States under rules that do not pertain to the rules of the organization for instance, obligations under rules of general international law concerning human rights.

The present draft articles do not apply to the extent that they are inconsistent with special rules of international law, such as treaty provisions for the protection of investments.

The Chairman said that the text reflected the outcome of a lengthy discussion in the Working Group of the extent to which the draft convention should prescribe substantive rules.