Indeed, draft article 90 was inserted at a time when the draft convention did not explicitly limit direct actions under the draft convention to actions between the contractual parties to the overarching maritime contract of carriage, and may have become obsolete since the types of conflicts that draft article 90 was intended to settle might in the meantime have been avoided by the refined scope of application of the draft convention, following the Working Group’s almost unanimous support for the exclusion of non-maritime performing parties from the liability regime of the draft instrument (see A/CN.9/544, paras. 20-27).
事实上,在加上第90条草案时,公约草案尚未明确将根据公约草案提起的直接诉讼限制在总括海运合同订约当事方之间的诉讼范围内,而且,在工作组几乎全体一致支持把非海运履约方排除在文书草案赔偿责任制度外之后(见A/CN.9/544,第20-27段),由于第90条草案所打算解决的各类冲突可能已经在此期间因为公约草案适用范围的重新确定而得以避免,第90条草案或许已经过时。UN-2 UN-2