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International Institute for the Unification of Private

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International Institute for the Unification of Private International Institute for the Unifi cation of Private Law Urs Peter Gruber I. Introduction Th e International Institute for the Unifi cation of Private Law (UNIDROIT) is an independent intergovernmental organization with its seat in Rome. Th e purpose of UNIDROIT, as laid down in Art. 1 of the UNIDROIT Statute, is to study the requirements and methods for modernising, harmonizing, and co-ordinating private law – especially commercial law – between states and groups of states. To this end, the Institute prepares draft s of international conventions as well as non-binding, ‘soft law’ instruments such as guide- lines and principles. It also organises conferences and studies in comparative private law. Since 1996, the organization has published a quarterly journal called the Uniform Law Review, which is intended to be a comprehensive source of information on uniform law for all those involved in international private commercial law. UNIDROIT is one of the three key private-law mak- ing organizations oft en referred to as the ‘three sisters’ – the other two being the Hague Conference on Private International Law, and UNCITRAL (the United Nations Commission on International Trade Law). II. Origins and Development UNIDROIT was originally founded in 1926 as an auxiliary organ of the League of Nations. A well-known member and promoter of the Institute was the German professor Ernst Rabel, who served as a member from 1927. He advocated a comparative law analysis as groundwork for law unifi cation projects. Aft er the demise of the League of Nations, UNIDROIT was re- established in 1940 on the basis of a multilateral agreement. Since its inception, UNIDROIT has primarily aimed at preparing harmo- nized or uniform rules of private commercial law on the basis of comparative analysis. Th e following conventions and model laws have been adopted by diplomatic Conferences convened by member states of UNIDROIT: 170 Urs Peter Gruber – (1964) Convention relating to a Uniform Law on the Formation of Con- tracts for the International Sale of Goods (Th e Hague); – (1964) Convention relating to a Uniform Law on the International Sale of Goods (Th e Hague); – (1970) International Convention on the Travel Contract (Brussels); – (1973) Convention providing a Uniform Law on the Form of an Interna- tional Will (Washington); – (1983) Convention on Agency in the International Sale of Goods (Geneva); – (1988) UNIDROIT Convention on International Financial Leasing (Ottawa); – (1988) UNIDROIT Convention on International Factoring (Ottawa); – (1995) UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (Rome); – (2001) Convention on International Interests in Mobile Equipment (Cape Town); – (2001) Protocol to the Convention on International Interests in Mobile Equipment on Matters specifi c to Aircraft Equipment (Cape Town); and – (2007) Luxembourg Protocol to the Convention on International Interests in Mobile Equipment on Matters specifi c to Railway Rolling Stock (Lux- embourg). III. Membership Membership of UNIDROIT is restricted to states acceding to the UNIDROIT Statute. Th ere are currently 61 Member States from five continents. IV. Organizational Structure Th e organizational structure is laid down in the UNIDROIT Statute. Th e authorities of UNIDROIT are the General Assembly, the Governing Council, and the Secretariat. Th e General Assembly consists of one representative from each of the participating governments. It is the highest decision-making organ of UNIDROIT. Th e General Assembly is convened in Rome at least once a year to approve the annual accounts of income and expenditure and the budget. It also approves the Work Programme every three years and elects the Governing Council every fi ve years. Th e Governing Council consists of the President and twenty-fi ve members. Whereas the members are elected by the General Assembly, the President is appointed by the Italian Government. Members of the Governing Council are normally high-ranked judges, practitioners, or academics..
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