
鹿特丹规则英文版(联合国官方文件).pdf
39页United Nations A/RES/63/122 General Assembly Distr.: General 2 February 2009 Sixty-third session Agenda item 74 08-47811 Resolution adopted by the General Assembly on 11 December 2008 [on the report of the Sixth Committee (A/63/438)] 63/122. United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea The General Assembly, Recalling its resolution 2205 (XXI) of 17 December 1966, by which it established the United Nations Commission on International Trade Law with a mandate to further the progressive harmonization and unification of the law of international trade and in that respect to bear in mind the interests of all peoples, in particular those of developing countries, in the extensive development of international trade, Concerned that the current legal regime governing the international carriage of goods by sea lacks uniformity and fails to adequately take into account modern transport practices, including containerization, door-to-door transport contracts and the use of electronic transport documents, Noting that the development of international trade on the basis of equality and mutual benefit is an important element in promoting friendly relations among States, Convinced that the adoption of uniform rules to modernize and harmonize the rules that govern the international carriage of goods involving a sea leg would enhance legal certainty, improve efficiency and commercial predictability in the international carriage of goods and reduce legal obstacles to the flow of international trade among all States, Believing that the adoption of uniform rules to govern international contracts of carriage wholly or partly by sea will promote legal certainty, improve the efficiency of international carriage of goods and facilitate new access opportunities for previously remote parties and markets, thus playing a fundamental role in promoting trade and economic development, both domestically and internationally, Noting that shippers and carriers do not have the benefit of a binding and balanced universal regime to support the operation of contracts of carriage involving various modes of transport, A/RES/63/122 2 Recalling that, at its thirty-fourth and thirty-fifth sessions, in 2001 and 2002, the Commission decided to prepare an international legislative instrument governing door-to-door transport operations that involve a sea leg,0F1 Recognizing that all States and interested international organizations were invited to participate in the preparation of the draft Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea and in the forty-first session of the Commission, either as members or as observers, with a full opportunity to speak and make proposals, Noting with satisfaction that the text of the draft Convention was circulated for comment to all States Members of the United Nations and intergovernmental organizations invited to attend the meetings of the Commission as observers, and that the comments received were before the Commission at its forty-first session,1F2 Taking note with satisfaction of the decision of the Commission at its forty- first session to submit the draft Convention to the General Assembly for its consideration,2F3 Taking note of the draft Convention approved by the Commission,3F4 Expressing its appreciation to the Government of the Netherlands for its offer to host a signing ceremony for the Convention in Rotterdam, 1. Commends the United Nations Commission on International Trade Law for preparing the draft Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea; 2. Adopts the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, contained in the annex to the present resolution; 3. Authorizes a ceremony for the opening for signature to be held on 23 September 2009 in Rotterdam, the Netherlands, and recommends that the rules embodied in the Convention be known as the “Rotterdam Rules”; 4. Calls upon all Governments to consider becoming party to the Convention. 67th plenary meeting 11 December 2008 Annex United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea The States Parties to this Convention, Reaffirming their belief that international trade on the basis of equality and mutual benefit is an important element in promoting friendly relations among States, _______________ 1 Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 17 and corrigendum (A/56/17 and Corr.3), paras. 319–345; and ibid., Fifty-seventh Session, Supplement No. 17 (A/57/17), paras. 210–224. 2 A/CN.9/658 and Add.1–14 and Add.14/Corr.1. 3 Official Records of the General Assembly, Sixty-third Session, Supplement No. 17 and corrigendum (A/63/17 and Corr.1), para. 298. 4 Ibid., annex I. A/RES/63/122 3 Convinced that the progressive harmonization and unification of international trade law, in reducing 。
