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the travaux préparatoires hague rules hague-visby rules - Comite ...

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PART II - HAGUE RULES 469Article 4 (5) - Limits of liabilityComité Central des Armateurs de France: c’est notamment celui qui vise la limitationde la responsabilité à £100 par colis ou par unité. Lors de la Conférence de la Haye,par la bouche de M. de Rousiers, nous avons demandé que la limite ne fût pas unesomme fixe, mais un multiple du fret. La suggestion n’a pas été adoptée; néanmoins,elle avait recueilli les suffrages de beaucoup de membres. C’est pourquoi je demandeque la Commission amende le projet sous ce rapport de façon plus équitable et pratique.[404]Mr. Noboru Ohtani (Japan): Mr. Chairman. What I am going to say is principallyon behalf of <strong>the</strong> Japanese Shipowners Association. . . . . . . . . . . . . . . . . . . . . . . . . . .When <strong>the</strong> Rules were before <strong>the</strong> International Conference of Shipowners in Londonlast December, at which I had <strong>the</strong> pleasure of being present, I made certain reservationsin respect of <strong>the</strong> minimum amount of <strong>the</strong> shipowners’ liability, which is fixedat £100. From various gentlemen here I understand that this was a very knotty problemat The Hague. The [405] Japanese shipowners are still of <strong>the</strong> opinion that thisamount is too high. It is because <strong>the</strong> cargoes moving in <strong>the</strong> Eastern ports are not likethose shipped from European or American ports. They are usually of a rough charactersuch as agricultural products, or marine products, and in most cases, <strong>the</strong> value perunit does not come up so high as £100.Afternoon sitting of 11 October 1922Sir Norman Hill (Rapporteur of <strong>the</strong> Sub-Committee):. . . . . . . . . . . . . . . . . . . . . . .[453]Those seem to us to be points and also <strong>the</strong> point with regard to <strong>the</strong> maximum liabilityof £100 with which we think <strong>the</strong> Diplomatic Conference can be trusted to deal.Now, Sir, it is quite clear that <strong>the</strong>re are members of that Sub-Committee who takevery clear and very firm views indeed that <strong>the</strong> £100 is a business bargain, and that itmust stand. There are o<strong>the</strong>r members of <strong>the</strong> Sub-Committee who were not at ourmeeting at <strong>the</strong> Hague, who take equally clear and positive views that that is too much.We could not bring back from <strong>the</strong> Sub-Committee any recommendation. You haveour suggestion that we should leave it to <strong>the</strong> Diplomatic Conference. It will be for you,Sir, to say whe<strong>the</strong>r or not you think that is a wise recommendation, that we shouldleave <strong>the</strong> three points to <strong>the</strong>m: <strong>the</strong> time from which <strong>the</strong> notice is to run, <strong>the</strong> periodwithin which <strong>the</strong> suit is to be brought, and <strong>the</strong> amount.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .[459]Then, Sir, <strong>the</strong>re is <strong>the</strong> next point, and if I am not conveying <strong>the</strong> views of <strong>the</strong> Sub-Committee - I did my best to ascertain <strong>the</strong>m - I shall regret it very much with regardto my fellow members and still more to <strong>the</strong> Conference. As I understand it our recommendationis that we leave to <strong>the</strong> Diplomatic Conference to settle, we accepting<strong>the</strong>ir decision, first, <strong>the</strong> time from which <strong>the</strong> notice of loss or damage is to run - thatdepends upon what is to be treated as delivery, as <strong>the</strong> handing over from <strong>the</strong> ship. Secondly<strong>the</strong> time within which suit is to be started or claim barred, and thirdly, as I understandit - I am afraid that some members of <strong>the</strong> Sub-Committee think that my understandingis at fault - <strong>the</strong> limit of <strong>the</strong> £100. It is not that we want <strong>the</strong> Diplomatic Conferenceto start all over again and decide out of its innate wisdom <strong>the</strong> right solution onall those points. We thought that we had got it up to <strong>the</strong> point at which we could not

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