The person considered as the shipper will also have the opportunity to escape its liability if it proves that it is not the shipper by indicating who is really the shipper.

Another delegation favours a provision where the actual shipper will be liable if it agrees to be named as the shipper in the contract particulars.

Some delegations have also indicated that they would like to see an explicit provision regulating that the shipper and the actual shipper are jointly liable.

(a) Between the carrier and the shipper

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

Article 31 regulates the liability of the shipper.

Freight forwarders may thus be both carrier (vis à vis the smaller shipper) and shipper (vis à vis a unimodal carrier, such as a sea carrier).

A strict liability is considered to put too much burden on the shipper.

Vicarious liability of the shipper (draft article 35, former 32)

If the carrier is unable, after reasonable effort, to identify and find the controlling party or the shipper, then the person referred to in article 34 (previously 31) is deemed to be the shipper for purposes of this paragraph.

If the carrier is unable, after reasonable effort, to identify and find the controlling party or the shipper, then the person referred to in article 34 (previously 31) shall be deemed to be the shipper for purposes of this paragraph.

Material misstatement by the shipper (draft article 32, former 29 bis)

When they returned to their people they returned jesting

When they returned to their people they returned jesting

If a person identified as shipper in the contract particulars, although not the shipper as defined in paragraph 1(h), receives the transport document or electronic record, then such person is (a) subject to the responsibilities and liabilities imposed on the shipper under this chapter and under article 59, and (b) entitled to the shipper's rights and immunities provided by this chapter and by chapter 14.

If the controlling party or the shipper does not give the carrier adequate instructions under articles 48 and 49 or if the controlling party or the shipper cannot be found, the carrier is entitled, without prejudice to any other remedies that the carrier may have against such controlling party or shipper, to exercise its rights under articles 51, 52 and 53 (previously 50, 51 and 52).

and when they returned to their people they returned blithely,

and when they returned to their people they returned blithely,

And when they returned to their household they returned jesting.

And when they returned to their household they returned jesting.

One other delegation was of the view that it followed implicitly from the existing text in article 28 that unless otherwise agreed the shipper has an obligation to deliver the goods at the time and place indicated by the shipper.

If the shipper does not fulfill this obligation, it may be held liable.

The carrier must provide to the shipper, on its request and in a timely manner, such information as is within the carrier's knowledge and such instructions that are reasonably necessary or of importance to the shipper in order to comply with its obligations under article 28.

The shipper must try to find the right person to whom delivery should be made, or, if it fails in its efforts, the shipper may take the responsibility for a proper delivery itself by, for instance, requesting the carrier to store the goods on its behalf.

And when they returned to their own folk, they returned jesting

And when they returned to their own folk, they returned jesting

And when they returned to their own followers they returned exulting.

And when they returned to their own followers they returned exulting.

Further it was suggested that the notice to the third party should be required to be given by the shipper.

By the time I returned everything had always been neatly returned to its place.

One other delegation has proposed to delete reasonably in the chapeau in that the shipper would have to provide all necessary documents.

I returned to Japan.

It was noted that certain provisions pertaining to the obligations of the shipper, such as those pursuant to draft articles 25 and 27, and to the draft article 26 obligation of the carrier to provide information to the shipper upon request, were considered to have safety implications, and were thus open to consideration for similar treatment.

The messengers returned to him, and he said to them, Why is it that you have returned?

The messengers returned to him, and he said to them, Why is it that you have returned?

The shipper must provide to the carrier in a timely manner such information, instructions, and documents that are reasonably necessary for

The shipper is the controlling party unless it designates another party to be the controlling party and so notifies the carrier.

Carol returned to her hotel.

I returned home to eat.

Paragraph 1 of this Article does not affect the responsibilities, liabilities, rights or immunities of the shipper.

However, the view was also expressed that it should not be possible for the parties to increase the obligations of the shipper.

Moreover, it was suggested that a provision should be inserted in the draft instrument to prevent the shipper from decreasing its obligations.

In 2005, more than 5,400 refugees returned to Rwanda, in addition to the almost 13,500 who returned in 2004.

Liability of the carrier and shipper for a breach of obligation under the Convention not already dealt with

It was further indicated that the one way mandatory approach was compatible with the freedom for the shipper to increase its liability limits.