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LAWYERS FOR A CAUSE: UNIDROIT

UNidroit-how does it work

Published on 19 September 2011

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Inside the doors of Villa Aldobrandini in central Rome, the lawyers at Unidroit draft important international legislation

Continuing our focus on little-known intergovernmental organisations (IGOs) in Rome, we turn the spotlight on Unidroit, the International Institute for the Unification of Private Law, per¬haps the grandfather of them all.

Since it was established in 1926 as an auxiliary to the League of Nations, all the legal instruments pre¬pared by Unidroit have helped provide guidelines to governments and regional organisations when contemplating and preparing
national or regional legislation.

How would one go about getting its 63 member states with diverse legal systems and cultures to agree on anything, let alone a uniform approach to any given legal instrument?

Over the years, Unidroit has skilfully refined the process: it begins with an identified need and goes on to setting up a study group, the membership of which is determined according to technical expertise in the subject matter. The group expresses itself independ¬ently of any governmental allegiance.

Once the study group has thoroughly explored the issue and produced its recommendations in the form of a preliminary draft instrument, then – subject to Unidroit’s governing council giving the go-ahead and depending on the project – a committee of governmental experts will be convened to make a preliminary draft acceptable to all.

After that (again subject to gov¬erning council approval), a Unidroit member state will host a final diplo¬matic conference for the adoption of what is by now a draft instrument.

Once the instrument, normally a convention, has been adopted by the diplomatic conference, each country must decide whether or not to ratify or accede to that instrument (not all of them ever do) and thus, once a certain minimum threshold of ratifications/accessions has been secured, bring it into force for its country.

This careful procedure tends to take a decade, give or take a year or two, as for instance the 1995 Convention on Stolen or Illegally Exported Cultural Objects, which took nine years from start to finish.

The Unidroit library houses a unique library of legal documents known the world over..jpg
The Unidroit library houses a unique library of legal documents known the world over

In some cases, the time-frame can be much shorter, as with the 2008 Model Law on Leasing, which took a mere three years from start to finish because Unidroit was able to count on the services of a network of experts built up over a prior project.

Occasionally the process fails dismally due to hostility from stakeholder lobbies. Clearly diplomatic negotiating skills are crucial in Unidroit’s work.

Like most IGOs, Unidroit has a three-tier governance structure: a general assembly of its 63 member states, a governing council and a secretariat to implement the programme. The current secretary-general is José Angelo Estrella Faria of Brazil.

The institute also has a president appointed by the host country – Professor Alberto Mazzoni, an eminent Italian jurist who helps guide its activities. The full-time staff numbers 16, about half of these being lawyers from various countries.

There are a few additional consult¬ants, some of whom are paid out of extra-budgetary funds, since Unidroit’s budget is as tight as that of other IGOs.

One accomplishment of which Unidroit is justly proud is its Principles of International Commercial Contracts, now in its third edition.

While not bind¬ing in the way of a convention, the principles are widely used the world over, whether by way of incorporation as the parties’ contract or in arbitration, and have served as a template for national and international legislation in various parts of the world.

Both the Principles and Unidroit’s conventions have a trickle-down effect that cannot be underestimated.

One of Unidroit’s current projects will certainly have far-reaching implications: the proposed protocol to the Cape Town convention on Matters Specific to Space Assets. While governments have long used outer space for scientific research (eg the Hubble telescope) or for military purposes, inner space has vast commercial potential, and needs consensus on how it should be regulated.

We’re all familiar with global navigating systems, which exploit emerging satellite technology. The same concept works for many people in developing countries who can now do their banking through mobile phones; “telemedicine” likewise reaches patients in remote areas.

People can access weather forecasts and take shelter in time from imminent natural disasters. Archaeologists benefit from aerial views of terrain that indicates potential finds. The ramifications are endless, and Unidroit is working to sort it all out among the key players.

This brief portrait of Unidroit would not be complete without mentioning its library, which has become a stellar resource in Europe and beyond.

It now has holdings of some 260,000 volumes and regular subscriptions to 450 journals, including those of major law schools around the world.

It also has a unique collection, donated by the distinguished Italian jurist Gino Gorla, of historic volumes on Italian law, plus, naturally, all its own documents and publications. Access to the library is given upon written request, and its hold¬ings must be consulted on site. The catalogue, however, is available on line.

Interns and researchers are welcomed at Unidroit for short periods, sometimes becoming involved in the work at hand. Some scholarships are available for that purpose.

The men and women at Unidroit working for an important cause are a refreshing, even inspiring exception to the negative stereotype of ambu¬lance-chasing lawyers or grasping consultants.

For further information: www.unidroit.org.

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