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WORK OF UNCITRAL (chapter 4) (:star2: Techniques of modernization and…
WORK OF UNCITRAL
(chapter 4)
:star2: Selection of the work programme
In 1968, the Commission adopted nine subject areas as the basis of its work programme.
International payments
Intellectual property
Insurance
Elimination of discrimination in laws affecting international trade
Transportation
Agency
International commercial arbitration
Legalization of documents
Internatiional sale of goods
Topics that should be added to the programme need to consider :arrow_forward:
Special Interest to developing countries
Developments in Technology
Global Significance
Chanching trends in commercial practice
:star2: Techniques of modernization and harmonization.
CONTRACTUAL TECHNIQUES
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In the drafting of contracts there are issues that can be resolved by a refernce to a standard of uniform clause or set of rules.
These rules try to solve issues already identified.
One common example is in the field of dispute resolution "Where my responsibility ends and where the other one starts"
Standaridzation
EXPLANATORY TECHNIQUES
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Practice and other information guides
Legal Guides
Interpretative decalrations.
LEGISLATIVE TECHNIQUES
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MODEL PROVISIONS
Used when a number of conventions deal with a particular question
FINALIZATION AND ADOPTATION OF LEGISLATIVE TEXTS.
After a working group has prepared a draft text of a convention and other thing a Commission is ready for an annual session.
LEGISLATIVE GUIDES
Instead of developing a uniform text, it´s hard to create a work set of principles or legislative recommendations.
MODEL LAWS
Text that t is recommended to States for encantment as part of their national law.
CONVENTIONS
Designed to unify law by establishing binding legal obligations.
:star: Coordinating the work of other organizations
IMPORTANT :!:
Coordinate the work of organizations active in the field of international trade law.
In order to:
Consistency and coherence in the:
Modernization and Harmonization of international trade law.
Avoid duplication of effort and promote efficiency
Encourage Cooperation
:star2: Unifrom interpretation of legislative texts
System- Case Law on UNCITRAL Texts
CLOUT :check:
Provides information for use by ;
Judges, arbitrators, lawyers, parties to commercial transactions, academics, students and other interested persons.
Designated either by ;
States parties to a convention
States having enacted legislation based on a model law.
:star2: UNCITRAL´s position within the United Nations system.
Integral part of the United Nations system :check:
UNCITRAL´s work is relevant to the broader United Nations agenda in a number of fiields:
Legal empowerment of the poor.
Business and Human rights
Including rule of law
Millennium Development Goals.
:star2: Technical cooperation and assistance activites
Technical cooperation and assistance activities
Regional centres
:star2: Special events
UNCITRAL has organized a number of special events realting to different aspects of international law
Ex. A congress of International Law
"Modern Law of Global Commerce"
:star2: General Assembly resolutions relating to UNCITRAL
Adopts one or more resolutions regarding UNCITRAL´s annual work
One typically address the general work discussed at an annual session.
While the others adress the specific legal standard or text adopted at the session.