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Progressive Development of the Law of International Trade:
Report of the Secretary-General of the United Nations, 1966

Introduction

I. The law of international trade

A. Concept of "law of international trade"

B. Legal techniques used to reduce conflicts and divergencies

1. Choice of Law Rules

2. Harmonization and Unification of Substantive Rules

C. Development of the law of international trade

1. Similarity

2. Application

3. Formulation

II. Survey of the work in the field of harmonization and unification of the law of international trade

A. Inter-governmental organizations

1. The International Institute for the Unification of Private Law

2. The Hague Conference on Private International Law

3. The League of Nations

(a) The Geneva Conventions on the unification of the law relating to bills of exchange (1930) and to cheques (1931)

(b) The Geneva Protocol on Arbitration Clauses of 1923 and the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927

4. The United Nations

(a) The Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958

(b) Industrial property legislation

(c) United Nations regional economic commissions

(i) Economic Commission for Europe (ECE)
a. The ECE General Conditions of Sale and Standard Forms of Contract
b. European Convention on International Commercial Arbitration
(ii) Economic Commission for Asia and the Far East (ECAFE)
(iii) Economic Commission for Latin America (ECLA)
(iv) Economic Commission for Africa (ECA)

(d) United Nations Conference on Trade and Development (UNCTAD)

(e) Centre for Industrial Development

5. The United Nations Specialized Agencies

(a) International Bank for Reconstruction and Development (IBRD)

(b) Inter-Governmental Maritime Consultative Organization (IMCO)

(c) The International Civil Aviation Organization (ICAO)

6. United International Bureaux for the Protection of Intellectual Property (BIRPI)

B. Regional inter-governmental organizations and groupings

1. The Council for Mutual Economic Assistance (CMEA)*

2. The European Economic Community (EEC)

3. The European Free Trade Association (EFTA)

4. The Latin American Countries

(a) Unification of conflict rules

(b) International commercial arbitration

(d) Other activities

5. The Council of Europe

6. The Benelux Countries

7. The Nordic Council

8. The Organization of African Unity (OAU)

9. The Asian-African Legal Consultative Committee

C. Non-governmental organizations

1. The International Chamber of Commerce (ICC)

(a) The Court of Arbitration

(b) Incoterms 1953

(c) Uniform customs and practice for documentary credits

2. The International Maritime Committee (IMC)

3. The International Association of Legal Science

4. The International Law Association (ILA)

5. The Institute of International Law

D. Summary: main areas of harmonization and unification

III. Methods, approaches and topics suitable for the progressive harmonization and unification of the law of international trade

A. Methods

B. Approaches

C. Suitable topics

IV. Role of the United Nations in the progressive harmonization and unification of the law of international trade

A. Progress and shortcomings of the work in the field of harmonization and unification of the law of international trade

B. Desirable action to remedy the existing shortcomings

C. Role of the United Nations

1. Is the Unification and Harmonization of the Law of International Trade an Appropriate Subject for United Nations Action?

2. Would a United Nations Participation in this Activity Unnecessarily Duplicate the Work of Existing Agencies and Reduce or Abolish their Usefulness?

3. Would the United Nations be in a Position to Make a Significant Contribution to Furthering Unification on A World-Wide Scale or Otherwise?

4. Should the Functions of the United Nations be Confined to Co-Ordination or Should they Also Encompass Formulation?

5. Is There a Realistic Chance of Success or is the Task too Diffficult for Tangible Results?

D. Establishment of a United Nations Commission on International Trade Law

E. Financial implications of the establishment of a United Nations commission on international trade law

Endnotes

Endnotes

Concordance (wordlist)

Manifest (alternative outputs)

Metadata

Progressive Development of the Law of International Trade: Report of the Secretary-General of the United Nations, 1966

United Nations (UN)

copy @ Lex Mercatoria

II. Survey of the work in the field of harmonization and unification of the law of international trade

A. Inter-governmental organizations

5. The United Nations Specialized Agencies

(c) The International Civil Aviation Organization (ICAO)

105. This organization has sponsored numerous conventions on air law including the Protocol (signed at The Hague on 28 September 1955)  45  to Amend the Convention for the Unification of Certain Rules relating to International Carriage by Air signed at Warsaw on 12 October 1929. The Protocol, which entered into force on 1 August 1963 and to which thirty-three States are parties, is designed to bring up to date and amend certain portions of the Warsaw Convention of 1929, which in turn had as its main object the unification of the rules of private law concerning the carrier's liability in international air carriage and in respect of documents for such carriage.

106. In addition, ICAO has also sponsored the Convention, supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air, Performed by a Person Other than the Contracting Carrier,  46  which was signed at Guadalajara, Mexico, 18 September 1961. The Convention, which entered into force on 1 May 1964, provides for the extension of certain of the rules of the Warsaw Convention to cases in which the actual carriage by air is performed by a person who was not a party to the agreement for carriage.

107. Furthermore, within the framework of the Convention on International Civil Aviation, concluded at Chicago in 1944,  47  ICAO has engaged in a Facilitation Programme designed to simplify and standardize procedures, inter alia, with respect to aircraft cargo and baggage entering and departing from international airports.


 45. United Nations, Treaty Series, vol. 478 (1963). No. 6943. p. 371.

 46. Ibid., vol. 500 (1964), No. 7305, p. 31.

 47. Ibid., vol. 15 (1948), No. 102, p. 295.

 48. See K. Grzybowski, The Socialist Commonwealth of Nations, Organisations and Institutions (New Haven, Yale University Press, 1964), p. 67.

 49. United Nations, Treaty Series, vol. 368 (1960), No. 5245, p. 253.

 50. Ibid., p. 264.

 51. See Trajan lonasco and lon Nestor, "The Limits of Party Autonomy" in Schmitthoff, op. cit., p. 170.

 52. See Viktor Knapp, "The Function, Organization and Activities of Foreign Trade Corporations in the European Socialist Countries." in Schmitthoff. op. cit., p. 68.

 53. Ibid.

 54. See K. Grzybowski, op. cit., p. 106; see also 1. Vajda "Linking East and West', in The Times (London), 4 March 1966.

 55. United Nations, Treaty Senes, vol. 298 (1958), No. 4300, p. 3.

 56. Ibid., vol. 370 (1960), No. 5266, p. 3.

 57. Finland has concluded an Agreement of Association with EFTA (27 March 1961). This Agreement was extended to Liechtenstein by means of a Protocol concluded between the Member States of EFTA and Finland on the one hand and Liechtenstein on the other (27 March 1961). Ibid., vol. 420 (1962), No. 6043, p. 109.

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