大 会 Distr.: Limited21 August 2002*ChineseOriginal: English and French[海上]货物运输文书草案初稿加拿大的提案秘书处的说明为筹备预计将继续审读 A/CN.9/WG.III/WP.21 号文件所载文书草案的第三工作组（运输法）第十届会议，加拿大政府于 2002 年 8 月 20 日提交了关于文书草案的范围和结构的提案案文，供工作组审议。本说明附件按秘书处收到的形式转载该提案的案文。附件. 加拿大的提案1. 加拿大欢迎贸易法委员会采取此项新举措，促进在一个堪称头绪纷杂的法律领域中统一国际法的事业。我们还感谢国际海事委员会（海事委员会）不仅在本项主题上、而且还在国际海事法的许多其他领域中对这一事业作出的巨大贡献。2. 我们还欢迎 2002 年 4 月在纽约举行的运输法工作组第九届会议的成果。该届会议是关于本项主题的第一次会议，因此辩论是初步性的，主要侧重于概念问题，尤其是文书草案的适用范围。如工作组此次会议的报告(A/CN.9/510)所述，会上达成了普遍共识，认为工作组的工作目的是要结束适用于海上货物运输多种赔偿责任制度并存的情况，调整海运法使之适合国际海运惯例的需要及现实。工作组相当重视本项目的“海事方面”，加拿大由衷地赞同这一做法。
Preliminary draft instrument on the carriage of goods [by sea] Proposal by Canada Note by the Secretariat In preparation for the tenth session of Working Group III (Transport Law), during which the Working Group is expected to proceed with its reading of the draft instrument contained in document A/CN.9/WG.III/WP.21, the Government of Canada, on 20 August 2002, submitted the text of a proposal concerning the scope and structure of the draft instrument for consideration by the Working Group. The text of that proposal is reproduced as an annex to this note in the form in which it was received by the Secretariat. * The date of submission of the document reflects the date at which the proposal was received by the Secretariat. Annex. Proposal by Canada 1. Canada welcomes this new initiative by UNCITRAL to promote the cause of harmonization of international law in a field that can be best described as a legal medley. Our gratitude also goes to the Comité Maritime International (CMI) for its immense contribution to this cause, not only in connection with the present subject, but also in the many other areas of international maritime law. 2. We also welcome the results of the 9th session of the Working Group on Transport Law that met in April 2002 in New York. As a first meeting on the subject, the debate was preliminary, focusing largely on conceptual issues, in particular, the scope of application of the draft instrument. As noted in the report of the Working Group on this meeting (A/CN.9/510), there was a general consensus that the purpose of its work was to end the multiplicity of the regimes of liability applying to the carriage of goods by sea and also to adjust maritime transport law to better meet the needs and realities of international maritime transport practices. The Working Group placed considerable emphasis on the “maritime aspects” of this project and Canada wholeheartedly agrees with that approach. 3. At the same time, the Working Group recognized that there is considerable interest and need to examine multimodal issues and that it was therefore appropriate to study both a strictly maritime regime, on a port-to-port principle, and a regime extended also to land transport, a “multimodal regime”, on a door-to-door principle,