Primary liability should rest with the operator.

In case it causes losses, it should be liable for compensation according to laws.

The General Assembly has expressed concern about the potential liabilities of the Organization.

The main question is what the standard of liability of the carrier must be under these circumstances.

The Code also stipulates that the State must assume liability for personal harm if it proves impossible to identify the person responsible for payment of compensation under the terms of the provisions governing responsibility or liability for illicit acts, unless the failure to identify the person responsible or liable therefor is attributable to a fault on the part of the victim or one of his heirs (art. 256).

Fourth, the draft principles sought to attach liability primarily to the operator.

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

It was noted that such a liability scheme, which was similar to schemes contemplated in some national laws concerning product liability, would provide additional protection to service users, without however imposing strict liability on the certification authority.

Comparative table on limitation levels of carrier liability

if the violation constitutes a crime, the judicial organ shall investigate its criminal responsibility if it causes losses, it shall bear liability for compensation according to law.

A strict liability that covers most of the obligations in article 30 would put too much burden on the shipper, taking into account that the carrier's liability is based on negligence.

The certification authorities should not be made liable for the accuracy of such non verified information.

(c) A person who is not a party to such an agreement is not liable on the sole ground that it had knowledge of the agreement.

(d) A person who is not a party to such an agreement is not liable on the sole ground that it had knowledge of the agreement.

2. These measures should include the imposition of liability on the operator or, where appropriate, other person or entity. Such liability should not require proof of fault. Any conditions, limitations or exceptions to such liability shall be consistent with draft principle 3.

The sum insured refers to the maximum amount which the insurer undertakes to indemnify or pay under its insurance obligation.

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

Exhibit V

2. Liability 51 73 17

Assuming that, for instance, the time bar and the limitation of liability will apply to any claim against the carrier under the draft Convention, there may be some logic in determining the standard of liability of the carrier beyond the matter of loss, damage or delay to the goods as well.

The shipper will in that situation have a strict liability for providing the information in article 30 (b) and (c).

At such and such a date, IBM has responsibilities, you have responsibilities.

It can implement its planned activities at its own risk, though the issue of liability may arise.

J. Question of liability

Nature of liability

Limits of liability

(c) Aviation liability

(d) Demining liability.

Regarding the obligation to inform, the shipper is only liable if the carrier does not otherwise have knowledge of the dangerous character of the goods.

Nothing in this article affects any obligation or liability for breach of such an agreement, but the subsequent assignee is not liable for breach of that agreement.

Article 45 If the insured waives the right of indemnity against the third party after the occurrence of the insured event and before the insurer making the indemnity, the insurer shall bear no obligation for indemnity.

It has also been argued that if there is for example a delay because of a material misstatement on the shipper's side it follows already from article 17 on the carrier's liability that the carrier is not liable for this.

Questions were raised concerning the nature of the liability of the certification authority, in particular whether such liability would be based on negligence or whether it would be defined as strict liability , a notion which was also referred to as objective liability or no fault liability .

The carrier shall be liable for loss of or damage to the goods as well as delay in delivery resulting from its fault or that of any person referred to in article 20(3) in complying with the instructions of the controlling party, and the liability shall be limited as per the provisions of articles 64 and 66.

A lesser degree of trustworthiness would be reached where the domestic certification authority limited its commitment to guaranteeing the trustworthiness of the foreign certification authority without assuming any liability for the contents of the foreign certificate.

Liability of the Tribunal

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

Saudi Arabia proposes to establish 10 preserves with a total area of 4,654 square kilometres as compensatory restoration for the damage.

Models of existing liability and compensation regimes revealed that State liability was more of an exception than the rule.

Considers, that Azerbaijan has the right for appropriate compensation with regard to damages it suffered, and puts the responsibility for the adequate compensation of these damages on Armenia.

Similarly, many regimes infer responsibility to compensate for any loss or damage in cases of fraud in intra group transactions.

An insurer refers to the insurance company which enters into an insurance contract with an applicant and is obligated to make indemnity or payments of the insurance benefits.

It was thus suggested that it would be preferable to mention specifically the types of losses encompassed by that notion in respect of which the certification authority would not assume liability.

Bearing such a range of services in mind, it would not be reasonable to impose the same level of liability upon all certification authorities in all conceivable circumstances.

Minimum standard of liability