June 2021

The International Institute for the Unification of Private Law

Carlo Di Nicola – Senior Legal Officer, UNIDROIT Introduction to UNIDROIT

• International Institute for the Unification of Private Law (UNIDROIT)

• Independent Intergovernmental Organisation set up in 1926 as an auxiliary organ of the League of Nations

• Re-established in 1940 on the basis of a multilateral treaty known as the UNIDROIT Statute

• Membership from all continents (63 member States) • Africa and Middle East 9 • Americas 13 • Asia & Pacific 7 • Europe 34 2 Basic Facts about UNIDROIT

Currently 63 member States In all regions

Egypt, Nigeria, South Africa and Tunisia Africa

Argentina, Bolivia, Brazil, Canada, Chile, Colombia, Cuba, Mexico, Nicaragua, Paraguay, The United States of America, Uruguay and The Americas Venezuela

Australia, China, India, Indonesia, the Islamic Republic of Iran, Iraq, The Asia Pacific Japan, Pakistan, the Republic of Korea and Saudi Arabia region

Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, the Holy See, Hungary, Ireland, Israel, Italy, Latvia, Lithuania, Luxembourg, Europe Malta, the Netherlands, Norway, Poland, Portugal, Romania, the Russian Federation, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and The United Kingdom Introduction to UNIDROIT: Mandate

“to examine ways of harmonising and coordinating the private law of States, and to prepare gradually for the adoption by the various States of uniform rules of private law.”

UNIDROIT Statute, Art. 1

4 Introduction to UNIDROIT: Working Methods

• Governing Council – Made up of experts (e.g. professors, practitioners) who are appointed by member States – Recommend projects for the Work Programme and make policy decisions

• General Assembly – Made up of government representatives – Approve the Work Programme and make budget decisions

• Secretariat – Responsible for carrying out UNIDROIT’s work on a daily basis – Provides support to Working Groups and Committees

• Working Groups and Committees – Composed of experts – Develop substantive project and draft instrument – Operate by consensus 5 Introduction to UNIDROIT: Example Instruments

UNIDROIT UNIDROIT Model Convention on UNIDROIT-FAO-IFAD Principles of Law on Leasing International Legal Guide on International (2008) Interests in Mobile Contract Farming Commercial Equipment (2001) (2014) Contracts (1994, 2004, 2010, 2016) 6 UNIDROIT Principles of International Commercial Contracts

UNIDROIT Principles of International Commercial Contracts:

• Based on extensive comparative law studies carried out over decades

• Prepared by a group of eminent experts in the field of international contract law representing all major legal systems and geo-political regions of the world

• Identify principles and offer commentary for virtually all important topics in contract law (e.g. formation, agency, validity, interpretation, content, third-party rights, conditions, performance, non-performance, transfer of rights, limitation periods)

• For use, inter alia, by parties in negotiating contracts or resolving disputes 7 • UNIDROIT Principles of International Commercial Contracts (1994; 2004; INTERNATIONAL 2010; 2016) COMMERCIAL • UNIDROIT Guide on International Franchise Agreements (1998; 2007) CONTRACTS • Current projects: Principles of Reinsurance Contracts – Cooperation with UNCITRAL and HCCH on a guidance document on international sales

• UNIDROIT Conventions on International Financial Leasing and International Factoring (Ottawa, 1988) INTERNATIONAL • UNIDROIT Model Law on Leasing (2008) FINANCIAL DEVICES • CAPE TOWN Convention on International Interests in Mobile Equipment (2001), with Aircraft (2001) Rail (2007) and Space (2012) Protocols - Draft Protocol on Mining, Agricultural and Construction Equipment (MAC Protocol) (exp. 2019)

• GENEVA Convention on Substantive Rules for Intermediated Securities CAPITAL MARKETS (2009) PRIVATE LAW REGULATION • UNIDROIT Principles on the Netting of Financial Instruments (2013) • UNIDROIT Legal Guide on Intermediated Securities (2017)

• UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects INTERNATIONAL (Rome, 1995) PROTECTION OF CULTURAL PROPERTY • UNESCO-UNIDROIT Model Legislative Provisions on State ownership of undiscovered cultural objects (2011) • Current project: Private Art Collections (2016-date)

• ALI/UNIDROIT Principles of Transnational Civil Procedure (2004) TRANSNATIONAL CIVIL PROCEDURE • Draft ELI/UNIDROIT Rules on European Civil Procedure (2014-date) • Principles of effective enforcement (on WP)

LAW AND DEVELOPMENT IN • UNIDROIT-FAO-IFAD Legal Guide on Contract Farming (2015) AGRICULTURE • Current project: Legal Guide on Agricultural Land Investment Contracts Suggestions Authorises Governing Council . Sec UNIDROIT Working Methods: UNIDROIT Preparation of Conventions of Preparation Feasibility Diplomatic Conference Diplomatic Study Governmental Committee Experts 25 experts nominated 25 experts by Member States Member by Establishes Governing Council Governments Observers Observers (IGOs, Observers (IGOs, NGOs, Industry) + Governments + Working Study/ Group Carlo Di Nicola – Senior Legal Officer UNIDROIT [email protected]

Thank you for your attention! For more information please visit: www.unidroit.org