E-Book Content
UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW The UNCITRAL Guide Basic facts about the United Nations Commission on International Trade Law UNITED NATIONS Vienna, 2007 Note Symbols of United Nations documents are composed of capital letters with figures. Mention of such a symbol indicates a reference to a United Nations document. UNITED NATIONS PUBLICATION Sales No. E.07.V.12 ISBN 978-92-1-133768-6 Contents Page I. II. Origin, mandate and membership of UNCITRAL 1 A. Origin 1 B. Mandate 2 C. Membership 2 Organization and methods of work 3 A. UNCITRAL (the Commission) 3 B. Working groups 4 C. Participation at sessions of UNCITRAL and its working groups 6 D. Secretariat 6 1. Work programme 6 2. Technical assistance to law reform 7 3. Other activities 7 4. Interns and visiting scholars 7 III. Work of UNCITRAL 8 A. Selection of the work programme 8 B. Coordinating and promoting the work of other organizations 10 C. Techniques of modernization and harmonization 13 1. Legislative techniques 13 (a) Conventions 13 (b) Model laws 14 (c) Legislative guides and recommendations 16 (d) Model provisions 17 (e) Uniform interpretation of legislative texts: Case law on UNCITRAL texts 17 2. Contractual techniques 18 3. Explanatory techniques 19 (a) Legal guides 19 (b) Interpretative declarations 19 D. Finalization and adoption of legislative texts 20 E. Technical assistance to law reform 22 F. Other activities of the Commission 23 1. Publications programme 23 2. Special events 25 iii Page G. Numbering of UNCITRAL documents 26 H. General Assembly resolutions relating to UNCITRAL 27 Annexes I. General Assembly resolution 2205 (XXI) 29 II. UNCITRAL member States 33 III. Chairpersons of UNCITRAL 37 IV. UNCITRAL working groups and chairpersons 39 Secretaries of UNCITRAL and further information 43 UNCITRAL texts 45 V. VI. iv I. Origin, mandate and membership of UNCITRAL A. Origin 1. In an increasingly economically interdependent world, the importance of an improved legal framework for the facilitation of international trade and investment is widely acknowledged. The United Nations Commission on International Trade Law (UNCITRAL), established by the United Nations General Assembly by its resolution 2205 (XXI) of 17 December 1966 (see annex I), plays an important role in developing that framework in pursuance of its mandate to further the progressive harmonization and modernization of the law of international trade1 by preparing and promoting the use and adoption of legislative and non-legislative instruments in a number of key areas of commercial law. Those areas include dispute resolution, international contract practices, transport, insolvency, electronic commerce, international payments, secured transactions, procurement and sale of goods. These instruments are negotiated through an international process involving a variety of participants, including member States of UNCITRAL, which represent different legal traditions and levels of economic development; non-member States; inter