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1、United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by SeaThe 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 Stat
2、es,Convinced that the progressive harmonization and unification of international trade law, in reducing or removing legal obstacles to the flow of international trade, significantly contributes to universal economic cooperation among all States on a basis of equality, equity and common interest, and
3、 to the well-being of all peoples,Recognizing the significant contribution of the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, signed in Brussels on 25 August 1924, and its Protocols, and of the United Nations Convention on the Carriage of Goods b
4、y Sea, signed in Hamburg on 31 March 1978, to the harmonization of the law governing the carriage of goods by sea,Mindful of the technological and commercial developments that have taken place since the adoption of those conventions and of the need to consolidate and modernize them,Noting that shipp
5、ers and carriers do not have the benefit of a binding universal regime to support the operation of contracts of maritime carriage involving other modes of transport,Believing that the adoption of uniform rules to govern international contracts of carriage wholly or partly by sea will promote legal c
6、ertainty, 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,Have agreed as follows:CHAPTER 1.
7、GENERAL PROVISIONSArticle 1. DefinitionsFor the purposes of this Convention:1. “Contract of carriage” means a contract in which a carrier, against the payment of freight, undertakes to carry goods from one place to another. The contract shall provide for carriage by sea and may provide for carriage
8、by other modes of transport in addition to the sea carriage.2. “Volume contract” means a contract of carriage that provides for the carriage of a specified quantity of goods in a series of shipments during an agreed period of time. The specification of the quantity may include a minimum, a maximum o
9、r a certain range.3. “Liner transportation” means a transportation service that is offered to the public through publication or similar means and includes transportation by ships operating on a regular schedule between specified ports in accordance with publicly available timetables of sailing dates
10、.4. “Non-liner transportation” means any transportation that is not liner transportation.5. “Carrier” means a person that enters into a contract of carriage with a shipper.6. (a) “Performing party” means a person other than the carrier that performs or undertakes to perform any of the carriers oblig
11、ations under a contract of carriage with respect to the receipt, loading, handling, stowage, carriage, care, unloading or delivery of the goods, to the extent that such person acts, either directly or indirectly, at the carriers request or under the carriers supervision or control.(b) “Performing pa
12、rty” does not include any person that is retained, directly or indirectly, by a shipper, by a documentary shipper, by the controlling party or by the consignee instead of by the carrier.7. “Maritime performing party” means a performing party to the extent that it performs or undertakes to perform an
13、y of the carriers obligations during the period between the arrival of the goods at the port of loading of a ship and their departure from the port of discharge of a ship. An inland carrier is a maritime performing party only if it performs or undertakes to perform its services exclusively within a
14、port area.8. “Shipper” means a person that enters into a contract of carriage with a carrier.9. “Documentary shipper” means a person, other than the shipper, that accepts to be named as “shipper” in the transport document or electronic transport record.10. “Holder” means:(a) A person that is in poss
15、ession of a negotiable transport document; and (i) if the document is an order document, is identified in it as the shipper or the consignee, or is the person to which the document is duly endorsed; or (ii) if the document is a blank endorsed order document or bearer document, is the bearer thereof;
16、 or(b) The person to which a negotiable electronic transport record has been issued or transferred in accordance with the procedures referred to in article 9, paragraph 1.11. “Consignee” means a person entitled to delivery of the goods under a contract of carriage or a transport document or electronic transport record.12. “Right of control” of the goods means the right under the contract of carriage to give the carrier instructions in res
