TABLE OF CONTENTS VOLUME I

Transcription

1 TABLE OF CONTENTS VOLUME I PREFACE... i INTRODUCTION ABOUT THE FOURTH EDITION OF FREIGHT CLAIMS IN PLAIN ENGLISH THE LEGAL PRINCIPLES GOVERNING FREIGHT CLAIMS HOW TO USE THIS TEXT HOW TO IDENTIFY AND EVALUATE LEGAL DECISIONS...3 THE IMPORTANCE OF LEGAL PRECEDENT... 3 JURISDICTIONAL CONSIDERATIONS... 3 DATE OF THE DECISION VS. DATE OF MOVEMENT... 3 THE WEIGHT OF AUTHORITY... 4 CITATIONS - COURT DECISIONS... 5 WHERE TO FIND COURT DECISIONS HOW TO IDENTIFY AND EVALUATE FEDERAL STATUTES AND REGULATIONS...8 FEDERAL STATUTES... 8 LEGISLATIVE HISTORY... 8 FEDERAL REGULATIONS... 9 REGULATORY AGENCY CASES RECODIFICATION OF THE INTERSTATE COMMERCE ACT SURFACE CARRIER LIABILITY INTERSTATE AND FOREIGN COMMERCE THE CARMACK AMENDMENT INTRASTATE COMMERCE (VS. I NTERSTATE COMMERCE) EXEMPT TRANSPORTATION THE AGRICULTURAL AND FISHERY EXEMPTION THE AGRICULTURAL COOPERATIVE EXEMPTION COMMERCIAL ZONE EXEMPTIONS MISCELLANEOUS EXEMPTIONS MIXED EXEMPT AND REGULATED COMMODITIES PRIVATE CARRIAGE DOMESTIC FREIGHT FORWARDERS EXEMPT RAIL TRANSPORTATION COMMON CARRIER LIABILITY COMMON CARRIER VS. CONTRACT CARRIER (PRE-ICCTA) STATUTORY PROVISIONS (PRE-ICCTA) COMMON LAW TESTS LIABILITY OF A COMMON CARRIER LIABILITY OF A CONTRACT CARRIER APPLICABILITY OF CARMACK TO CONTRACT CARRIERS POST - ICCTA BEGINNING AND ENDING OF CARRIER LIABILITY WHEN LIABILITY BEGINS WHEN LIABILITY ENDS iii

2 FREIGHT CLAIMS IN PLAIN ENGLISH 4.0 CONTRACTS OF CARRIAGE AND BILLS OF LADING TRANSPORTATION CONTRACTS BILLS OF LADING NEGOTIABLE AND NON-NEGOTIABLE BILLS OF LADING INCORPORATION BY REFERENCE THE UNIFORM STRAIGHT BILL OF LADING SHORT FORM BILL OF LADING OTHER FORMS OF BILLS OF LADING SHIPPER-DEVELOPED BILLS OF LADING THE SHIPPER S DOMESTIC TRUCK BILL OF LADING THROUGH VS. MULTIPLE BILLS OF LADING FAILURE TO ISSUE BILL OF LADING UNILATERAL AMENDMENTS THE APPARENT GOOD ORDER CLAUSE NOTATIONS ON BILLS OF LADING PROTECT FROM HEAT OR COLD - TRUCK SHIPMENTS PROTECT FROM HEAT OR COLD RAIL SHIPMENTS SHIPPERS LOAD AND COUNT NOTATIONS MISDESCRIPTION OF GOODS HAZARDOUS MATERIAL NOTATIONS SPECIAL INSTRUCTIONS BURDENS OF PROOF THE PRESUMPTION OF NEGLIGENCE LOSS OR SHORTAGE OF GOODS CONDITION AT ORIGIN SHIPPER S LOAD & COUNT SEALED TRAILERS OR CONTAINERS CONDITION AT DESTINATION DAMAGES CONTRIBUTORY AND COMPARATIVE NEGLIGENCE CARRIER DEFENSES TO LIABILITY COMMON LAW DEFENSES BILL OF LADING EXCEPTIONS ACT OF GOD PUBLIC ENEMY ACT OR DEFAULT OF SHIPPER SPECIFIC ACTS OF SHIPPERS USED CONTAINERS BLOCKING & BRACING RAIL SHIPMENTS AUTHORITY OF LAW INHERENT VICE STRIKES AND RIOTS iv

3 TABLE OF CONTENTS 7.0 DAMAGES IN GENERAL PROXIMATE CAUSE SPECULATIVE, REMOTE AND UNCERTAIN LIMITATIONS OF LIABILITY DUTY TO MITIGATE LOSS GENERAL DAMAGES DESTINATION MARKET VALUE OTHER VALUES INVOICE VALUE CONTRACT PRICE MISCELLANEOUS EXPENSES WHICH HAVE BEEN ALLOWED MANUFACTURER S COST RETAIL PRICES STOCK TRANSFERS (WAREHOUSE-TO-WAREHOUSE, ETC.) SPECIAL DAMAGES GENERAL VS. SPECIAL SPECIAL DAMAGES - NOT RECOVERABLE GENERAL DAMAGES, NOT SPECIAL SPECIAL DAMAGES - RECOVERABLE TIME OF CONTRACTING VS. NOTICE AT LATER DATE RIGHT OF REFUSAL TO TRANSPORT SPECIFIC PROBLEMS LOSS OF SALE REPAIR COSTS (INCLUDING PROFIT, OVERHEAD, GENERAL AND ADMINISTRATIVE COSTS) RENTAL INCOME SPECIAL DESIGN EQUIPMENT EXHIBITS AND DISPLAYS REPLACEMENT WITH MISMATCHED COLORS, ETC PARTIAL LOSSES - PAIRS OR SETS DISCOUNTS - TRADE VS. CASH FREIGHT CHARGES TOLERANCES COMMISSIONS MARKET DECLINE INTEREST PUNITIVE (EXEMPLARY) DAMAGES ATTORNEY FEES FEDERAL STATUTES STATE STATUTES ATTORNEY S FEES AWARDED-NO FEDERAL PREEMPTION FOUND ATTORNEY S FEES DENIED TARIFF OR CONTRACTUAL PROVISIONS BENEFIT OF INSURANCE CLAUSES v

4 FREIGHT CLAIMS IN PLAIN ENGLISH 8.0 LIMITATIONS OF LIABILITY BACKGROUND AND HISTORY THE COMMON LAW STATUTORY PROVISIONS RELEASED, AGREED, ACTUAL, AND DECLARED VALUES SURFACE CARRIERS (TRUCK AND RAIL) COMMON CARRIERS INTERSTATE COMMERCE ACT I.C.C. CRITERIA FOR RELEASED RATES REQUIREMENTS FOR VALID LIMITATION OF LIABILITY ACTUAL OR CONSTRUCTIVE NOTICE CHOICE OF FULL VS. LIMITED LIABILITY WRITTEN AGREEMENT AGREEMENT PRIOR TO SHIPMENT REASONABLE RELATIONSHIP BETWEEN RATES DEREGULATION CHANGES MOTOR CARRIER ACT OF NO REQUIREMENT FOR PRIOR I.C.C. APPROVAL COLLECTIVELY-MADE RELEASED RATES CHOICE OF RATES TRUCKING INDUSTRY REGULATORY REFORM ACT OF FEDERAL AVIATION ADMINISTRATION AUTHORIZATION ACT OF I.C.C. TERMINATION ACT OF STAGGERS RAIL ACT OF LIMITED VALUE RATES DEDUCTIBLES INTRASTATE REGULATION UNIFORM COMMERCIAL CODE CONTRACT CARRIAGE COMMON VS. CONTRACT CARRIAGE MOTOR CARRIERS RAIL CARRIERS EXEMPT MOVEMENTS MOTOR CARRIERS RAIL CARRIERS HOUSEHOLD GOODS CARRIERS EXPRESS & PACKAGE CARRIERS BUS CARRIERS FREIGHT FORWARDERS OCEAN CARRIERS AIR CARRIERS AIR FREIGHT FORWARDERS AIR VS. SURFACE MOVEMENTS INTERNATIONAL MOVEMENTS CARRIERS AS WAREHOUSEMEN INTERMODAL MOVEMENTS SPECIFIC PROBLEMS NOTICE ACTUAL OR CONSTRUCTIVE SOPHISTICATED SHIPPER PARTIAL LOSSES vi

5 TABLE OF CONTENTS FORM OF BILL OF LADING TARIFF NOT ON FILE TARIFF NOT APPLICABLE TARIFF RATE NOT CHARGED (NEGOTIATED RATE) MINIMUM CHARGE CLASS VS. EXCEPTION RATINGS TARIFF NOT POSTED AMBIGUOUS NOTATIONS MISDELIVERY DEVIATION FUNDAMENTAL BREACH WILFUL MISCONDUCT AUTOMATIC RELEASES & INADVERTENCE RULES HIGH VALUE SHIPMENTS GOVERNMENT SHIPMENTS DRUGS & TOILET PREPARATIONS MISREPRESENTATION OR FRAUD CONVERSION SHIPPER S SIGNATURE INSURANCE VS. VALUATION CHARGES THE NMFC AND RATES DEPENDENT ON VALUE RELEASED VALUE ITEMS ACTUAL VALUE ITEMS ITEM 172 LIMITATION WHERE VALUE IS NOT DECLARED BY SHIPPER ITEM CLASS 70 DRUGS, CHEMICALS MEDICINES TOILET PREPARATIONS AND OTHER ARTICLES TIME LIMITS (SURFACE MODES) MOTOR COMMON CARRIAGE INTERSTATE CLAIM FILING TIME LIMITS STARTING THE TIME LIMIT ESTOPPEL ACTUAL NOTICE THE HOPPER PAPER CASE COMPUTATION OF TIME LIMITS SUIT-FILING TIME LIMITS STARTING THE TIME LIMITS DISALLOWANCES DEFINED INSURERS DISALLOWANCES MAILING VS. RECEIPT OF DISALLOWANCES IMPROPER DISALLOWANCES ESTOPPEL SUIT FILING TIME LIMITS CONTRACT CARRIAGE COMMON VS. CONTRACT STATUS FOR MOTOR CARRIERS EXEMPT TRANSPORTATION EXEMPT BILLS OF LADING & CONTRACTS U.C.C. PROVISIONS COMMON LAW FILING OF CLAIMS COMMENCEMENT OF SUIT FREIGHT FORWARDERS INTERLINE SUITS vii

6 FREIGHT CLAIMS IN PLAIN ENGLISH 10.0 CLAIMS PROCEDURES & ADMINISTRATION NOTICE OF CLAIM - REQUIREMENT OF A CLAIM IN WRITING STATUTES AND REGULATIONS BILL OF LADING PROVISIONS TARIFFS AND CONTRACTS WHAT CONSTITUTES A CLAIM THE FEDERAL CLAIM REGULATIONS SUFFICIENCY OF NOTICE OF CLAIM NO FORMAL CLAIM FILED CLAIM FILED, BUT SUFFICIENCY DISPUTED APPLICABILITY OF FEDERAL REGULATIONS FACTS SUFFICIENT TO IDENTIFY SHIPMENT ASSERTING CARRIER LIABILITY DEMAND FOR PAYMENT SPECIFIED OR DETERMINABLE AMOUNT NOTICE OF INTENT WHAT IS NOT A CLAIM AMENDMENTS WHO MAY FILE A CLAIM OR SUIT RISK OF LOSS FILING CLAIMS BRINGING SUITS PROPER CARRIER FOR CLAIMS AND SUITS JOINT AND SEVERAL LIABILITY NON-CARRIERS AND INTERMEDIARIES BANKRUPT CARRIERS WHAT CONSTITUTES FILING CLAIM DOCUMENTATION NECESSARY DOCUMENTS BONDS OF INDEMNITY PROOF OR VERIFICATION OF LOSS REJECTION VS. ACCEPTANCE OF DAMAGED SHIPMENTS THE PRACTICALLY WORTHLESS TEST WRONGFUL REJECTIONS INSPECTIONS SALVAGE PROCEDURES SALVAGE RULES AND REGULATIONS SALVAGE VALUE CARRIERS RIGHT TO SALVAGE NOTICE OF REFUSED FREIGHT TIME LIMIT - SALVAGE PROCEEDS PRODUCT LIABILITY CONSIDERATIONS TRADE MARK AND BRAND NAME CONSIDERATIONS SALVAGE ON RELEASED VALUE SHIPMENTS ACCEPTANCE OR DEPOSIT OF CLAIM CHECKS (ACCORD AND SATISFACTION) viii

7 TABLE OF CONTENTS 11.0 SPECIFIC CLAIM PROBLEMS CONCEALED DAMAGE DELAY CLAIMS (REASONABLE DISPATCH) PERISHABLES NON-PERISHABLES PUBLISHED SCHEDULES GUARANTEED DELIVERY MECHANICAL BREAKDOWNS NON-DELIVERIES SHORTAGES AND PILFERAGE ROBBERIES, THEFTS, HIJACKINGS AND IMPOSTOR THEFTS UNDELIVERABLE FREIGHT AND MISDELIVERIES PIGGYBACK SERVICE (TOFC/COFC) CONTAMINATED SHIPMENTS C.O.D. (COLLECT ON DELIVERY) SHIPMENTS AIDS TO CLAIM RECOVERY GOVERNMENTAL AGENCIES CARGO INSURANCE REGULATIONS THE BMC 32 ENDORSEMENT SELF-INSURANCE ADJUDICATION OF CLAIMS CLAIM PROCESSING RULES (EX PARTE NO. 263) ARBITRATION COURT ACTIONS WHERE TO BRING AN ACTION (VENUE) JURISDICTIONAL LIMITS IN FEDERAL COURTS WHO TO SERVE (SERVICE AGENTS) FORM OF COMPLAINT PREEMPTION OF COMMON-LAW REMEDIES COUNTERCLAIMS AND SETOFFS BANKRUPT MOTOR CARRIERS BANKRUPT RAIL CARRIERS SMALL CLAIMS COURTS ACTIONS AGAINST INSURERS DIRECT ACTION AGAINST INSURERS ACTIONS BASED ON THE BMC 32 ENDORSEMENT OTHER ACTIONS AGAINST INSURERS AND INSURANCE BROKERS LIABILITY OF SURFACE FREIGHT FORWARDERS AND INTERMEDIARIES SURFACE FREIGHT FORWARDERS BROKERS SHIPPERS AGENTS SHIPPERS ASSOCIATIONS ix

8 FREIGHT CLAIMS IN PLAIN ENGLISH 14.0 WAREHOUSEMAN S LIABILITY PUBLIC WAREHOUSEMAN - GOVERNING LAW AND DEFINITION FORMS OF WAREHOUSE RECEIPT LIABILITY OF A WAREHOUSEMAN DUTY OF CARE BURDEN OF PROOF LIMITATIONS OF LIABILITY TIME LIMITS CARRIER AS WAREHOUSEMAN CHANGE FROM CARRIER S TO WAREHOUSEMAN S LIABILITY TENDER TO CONSIGNEE RAIL SHIPMENTS TRUCK SHIPMENTS THE IMPACT OF DEREGULATION INTRODUCTION THE MOTOR CARRIER ACT OF BROADENING EXEMPTIONS FOOD TRANSPORTATION AIR FREIGHT SURFACE MOVEMENTS LIMITATIONS ON LIABILITY (RELEASED RATES) COLLECTIVELY-MADE RELEASED RATES CARMACK AMENDMENT CHANGES DISALLOWANCE DEFINED INSURER S DISALLOWANCES CLAIM AND CARGO INSURANCE REGULATIONS I.C.C. S IMPLEMENTATION OF THE MOTOR CARRIER ACT OF THE STAGGERS RAIL ACT OF LIMITATIONS ON LIABILITY FULL VALUE VS. LIMITED LIABILITY DEDUCTIBLES EXEMPTION POWERS OF THE I.C.C CARMACK AMENDMENT CHANGES VENUE OTHER CHANGES MADE IN THE MOTOR CARRIER ACT AFFECTING RAILROADS THE I.C.C./ATTORNEY GENERAL STUDY OF RAILROAD LIABILITY - EX PARTE NO I.C.C. S IMPLEMENTATION OF THE STAGGERS ACT EXEMPTION OF TOFC/COFC TRAFFIC - EX PARTE NO RAIL RATES BASED ON LIMITED LIABILITY - EX PARTE NO RAIL CARRIER CARGO LIABILITY STUDY - REPORT TO CONGRESS - EX PARTE NO THE HOUSEHOLD GOODS TRANSPORTATION ACT OF DISPUTE SETTLEMENT PROGRAM THE NEGOTIATED RATES ACT OF THE TRUCKING INDUSTRY REGULATORY REFORM ACT OF INTRASTATE DEREGULATION OF MOTOR CARRIERS - THE FEDERAL AVIATION ADMINISTRATION AUTHORIZATION ACT OF INTERSTATE COMMERCE COMMISSION TERMINATION ACT OF 1995 (ICCTA) CHANGES TO THE CARMACK AMENDMENT FOR MOTOR CARRIER TRANSPORTATION x

9 TABLE OF CONTENTS 16.0 AIR CARRIER LIABILITY DIFFERENCES BETWEEN SURFACE AND AIR CARRIER LIABILITY DOMESTIC AIR CARRIERS BASIC LIABILITY STANDARDS STATUS OF AIR CARRIER TARIFFS LIABILITY LIMITATIONS PASSENGER BAGGAGE AIR FREIGHT PARCEL AND EXPRESS MATERIAL DEVIATION TIME LIMITS - FILING LOSS AND DAMAGE CLAIMS TIME LIMITS - FILING SUIT TIME LIMITS - OVERCHARGE CLAIMS NOTICE OF CONCEALED LOSS OR DAMAGE SPECIAL DAMAGES PROTECTIVE SERVICES THE AVERAGE DECLARED VALUE RULE ELIMINATION OF THE DUTY TO SERVE POST-DEREGULATION SERVICE RULES LAWFULNESS ISSUES DOMESTIC AIRFREIGHT FORWARDERS INTERNATIONAL AIR CARRIERS AND AIRFREIGHT FORWARDERS THE D.O.T. S POWERS THE WARSAW CONVENTION AND MONTREAL CONVENTION OF WHEN THE THE INTERNATIONAL TREATY GOVERNS LOSS OR DAMAGE DURING TRANSPORTATION BY AIR LIABILITY LIMITATIONS WILLFUL MISCONDUCT OR DEFAULT TIME LIMITS - FILING LOSS AND DAMAGE CLAIMS TIME LIMITS - FILING SUIT TIME LIMITS - OVERCHARGES GOLD VS. U.S. DOLLARS AS THE LIMITATION OF LIABILITY VENUE AIR WAYBILLS - DOMESTIC AND INTERNATIONAL DECLARATION OF VALUE VALUATION CHARGES SURFACE/AIR TRAFFIC SUBSTITUTION OF TRUCKS WATER CARRIER LIABILITY DOMESTIC WATER MOVEMENTS -THE HARTER ACT SCOPE AND PURPOSE EXCULPATORY CLAUSES SEAWORTHINESS, STOWAGE AND DELIVERY NEGLIGENT NAVIGATION OR MANAGEMENT TARIFFS AND BILLS OF LADING TIME LIMITS FOREIGN WATER MOVEMENTS THE CARRIAGE OF GOODS BY SEA ACT (COGSA) APPLICABILITY RESPONSIBILITIES AND LIABILITIES OF CARRIER xi

10 FREIGHT CLAIMS IN PLAIN ENGLISH SEAWORTHINESS STOWAGE AND DELIVERY BILL OF LADING TIME LIMITS FOR CLAIMS AND SUITS LIMITATION OF LIABILITY FOR NEGLIGENCE BURDEN OF PROOF (PRIMA FACIE CASE) CARRIER DEFENSES TO LIABILITY UNSEAWORTHINESS UNCONTROLLABLE CAUSES OF LOSS (DEFENSES) NEGLIGENT NAVIGATION THE FIRE DEFENSE PERILS, DANGERS, AND ACCIDENTS OF THE SEA ACT OF GOD ACT OF PUBLIC ENEMIES ARREST OR RESTRAINT OF PRINCES QUARANTINE RESTRICTIONS ACT OF OMISSION OF THE SHIPPER INHERENT VICE INSUFFICIENCY OF PACKING LATENT DEFECTS THE Q DEFENSE OTHER DEFENSES LIMITATION OF LIABILITY NOTICE OF LIMITATION GOODS SHIPPED IN PACKAGES CONTAINERIZED SHIPMENTS DEVIATION FUNDAMENTAL BREACH INFLAMMABLE, EXPLOSIVE OR DANGEROUS CARGO INCREASE OF LIABILITIES CHARTER PARTY GENERAL AVERAGE LIABILITY PRIOR TO LOADING OR AFTER DISCHARGE STEVEDORES LIABILITY TERMINAL OPERATORS AND WAREHOUSEMEN CONNECTING CARRIERS OCEAN FREIGHT FORWARDERS NON-VESSEL OPERATING COMMON CARRIERS (NVOCC S) TARIFFS AND BILLS OF LADING - FOREIGN COMMERCE FORUM SELECTION CLAUSES PUNITIVE DAMAGES MARINE INSURANCE JURISDICTION TO IMPLEAD NON-MARITIME PARTIES TO MARITIME ACTION INTERMODAL AND MULTIMODAL LIABILITY DOMESTIC MOVEMENTS ("TOFC/COFC") SUBSTITUTED SERVICE THROUGH VS. MULTIPLE BILLS OF LADING INTERNATIONAL MOVEMENTS OCEAN/SURFACE MOVEMENTS COMBINED TRANSPORT AND MULTIMODAL BILLS OF LADING EXPORT SHIPMENTS - NONADJACENT FOREIGN COUNTRY xii

11 TABLE OF CONTENTS EXPORT SHIPMENTS - U.S. TERRITORIES, POSSESSIONS, ETC IMPORT SHIPMENTS CANADA AND MEXICO EXPORT SHIPMENTS - CANADA & MEXICO IMPORT SHIPMENTS - CANADA & MEXICO CANADIAN ANNOTATIONS SURFACE CARRIER LIABILITY INTER-PROVINCIAL AND INTERNATIONAL INTRA-PROVINCIAL MUNICIPAL CONDITIONS OF CARRIAGE REGULATIONS PRIVATE CARRIAGE BILLS OF LADING GENERALLY INTERMODAL TRANSPORTATION "IMPLIED BILL OF LADING" UNILATERAL AMENDMENTS "HAZARDOUS MATERIALS" NOTATIONS SPECIAL INSTRUCTIONS BURDENS OF PROOF CONTRIBUTORY NEGLIGENCE BILL OF LADING EXCEPTIONS ACT OR DEFAULT OF SHIPPER, OWNER OR CONSIGNEE SHIPPER LIABILITY FOR DAMAGE DUE TO DEFECTIVE CONTAINERS ACTS OF GOD INHERENT VICE PUBLIC ENEMY MEASURE OF DAMAGES GENERAL DAMAGES SPECIAL DAMAGES PUNITIVE (EXEMPLARY) DAMAGES CHANGE FROM CARRIER TO WAREHOUSEMAN'S LIABILITY TIME LIMITS TRUCK AND RAIL OCEAN CARRIERS AIR CARRIERS INTERLINE SUITS SPECIFIC CLAIM PROBLEMS CONCEALED DAMAGE DELAY CLAIMS AIDS TO CLAIM RECOVERY COURT ACTIONS ATTORNEY'S FEES AIR CARRIER LIABILITY DOMESTIC AIR FREIGHT FORWARDERS - DOMESTIC INTERNATIONAL AIR FREIGHT WATER CARRIER LIABILITY xiii

12 FREIGHT CLAIMS IN PLAIN ENGLISH 20.0 MEXICAN ANNOTATIONS MEXICAN NAVIGATION ACT AND THE CIMTG LIABILITY LIMITATIONS FOR SHIPMENTS UNDER MULTIPLE BILLS OF LADING MOTOR CARRIERS RAIL CARRIERS AIR CARRIERS MARITIME CARRIERS MEXICAN INTERNATIONAL MULTIMODAL TRANSPORTATION REGULATION INSURANCE IN MEXICO LAW GOVERNING A CROSS-BORDER MOTOR CARRIER SHIPMENT TRAFFIC FROM THE U.S. TO MEXICO TRAFFIC MOVING FROM MEXICO TO THE U.S NEGOTIATION OF A UNIFORM MOTOR CARRIER CROSS-BORDER LIABILITY REGIME INCLUDING: VOLUME II APPENDICES (SEE DETAILED TABLE OF CONTENTS IN VOL. II) FEDERAL STATUTES, INTERPRETATIONS AND LEGISLATIVE HISTORY FEDERAL REGULATIONS AND RULINGS CONTRACTS OF CARRIAGE & TARIFFS COURT PROCEEDINGS, FORMS AND DECISIONS ARBITRATION PROCEDURES AND FORMS CLAIM PROCEDURES, FORMS AND CHARTS PROPOSED INTERNATIONAL TREATIES xiv