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