Lex Mercatoria

www.lexmercatoria.org

www.jus.uio.no/lm

  toc   scroll    txt   pdf   pdf    odt    A-Z  Document Manifest   home 
<< previous TOC next >>
< ^ >

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  27  and the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927  28 

4. The United Nations

(a) The Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958  29 

(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

Endnotes

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

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

B. Regional inter-governmental organizations and groupings

4. The Latin American Countries

(a) Unification of conflict rules

130. The treaties of Montevideo of 12 February 1889, which provided for the unification of conflict rules in the field of civil and commercial law, are still in force with respect to Bolivia, Colombia and Peru. The other three signatories, Argentina, Paraguay and Uruguay, have withdrawn from it. A revision of the 1889 Treaties was carried out at the second session of the Second South American Congress on Private International Law (held at Montevideo in March 1940). Of the treaties adopted on 19 March 1940 by the Congress as part of this revision, the following should be mentioned: Treaty on International Commercial Navigation Law; Treaty on International Procedural Law; Treaty on International Commercial Terrestrial Law; and the Treaty on International Civil Law. These treaties are in force with respect to Argentina, Paraguay and Uruguay. The Sixth International Conference of American States, held at Havana in 1928, adopted the Convention on Private International Law (20 February 1928), to which was annexed the Code of Private International Law. The Conference agreed that the code would be officially named the Bustamante Code after its distinguished drafter. This code has been described as "the most important codification of the rules of the conflict of laws in force today".  58  The following fifteen countries of South and Central America have accepted the Bustamante Code, though some with reservations: Bolivia, Brazil, Chile, Costa Rica, Cuba, the Dominican Republic, Ecuador, Guatemala, Haiti, Honduras, Nicaragua, Panama, Peru, El Salvador and Venezuela. The Code establishes rules of conflict of law on a variety of subjects, including the following which relate to international commercial law: merchants, commercial companies, commercial commission, commercial deposit and loans, land transportation, contracts of insurance, contracts and bills of exchange, forgery, robbery, larceny, or loss of public securities and negotiable instruments, ships and aircraft, special contracts of maritime and aerial commerce. At a meeting held in San Salvador in 1965, the Inter-American Council of Jurists of the Organization of American States proposed that the Council of the Organization of American States should convene a conference in 1967for a revision of the Bustamante Code.


 58. See G.A.L. Droz, "L'harmonisation des regles de conflits de lois et de jurisdictions dans les groupes regionaux d'Etats," in Rapports generaux aux VIe Congres international de droit compare (Hamburg, 30 july-4 August 1962), p. 399.


  toc   scroll    txt   pdf   pdf    odt    A-Z  Document Manifest   home 
<< previous TOC next >>
< ^ >

Lex Mercatoria -->

( International Trade/Commercial Law & e-Commerce Monitor )

W3 since October 3 1993
1993 - 2010

started @The University of Tromsø, Norway, 1993
hosted by The University of Oslo, Norway, since 1998
in fellowship with The Institute of International Commercial Law,
Pace University, White Plains, New York, U.S.A.

Disclaimer!

© 

Ralph Amissah




Lex Mercatoria