VIII.

UNITED NATIONS DECADE OF

INTERNATIONAL LAW

United Nations Decade of International Law: note by the Secretariat

(A/CN.9/349) [Original: English]

CONTENTS

Paragraphs
INTRODUCTION 1-2

I. ACTION ON THE DECADE BY THE COMMISSION 3-7

П. ACTION ON THE DECADE AT THE FORTY-FIFTH SESSION OF THE

GENERAL ASSEMBLY 8-14

Ш. PROPOSED CONGRESS ON INTERNATIONAL TRADE LAW 15-24

A. Background 15-18
B. Organization of the Congress 19-24

INTRODUCTION the forty-fifth session of the General Assembly along

with views of Governments and of other international
1. The General Assembly, by its resolution 44/23 of organs and organizations (A/45/430 and Corr. 1 and Add. 1
17 November 1989, declared the period 1990 to 1999 as and 2).
the United Nations Decade of International Law.
4. At its twenty-third session the Commission observed
2. In that resolution, the General Assembly requested the that the programme for the Decade should take account of
Secretary-General to seek the views of Member States and the fact that international trade law was an important and
of appropriate international bodies, as well as of non- integral part of international law; in particular, the Com-
governmental organizations working in the field, on the mission's work was an important element in strengthening
programme for the Decade and on the appropriate action the rule of law in international economic relations.
to be taken during the Decade. It further decided that at
its forty-fifth session it would consider in a Working 5. The discussion in the Commission concentrated on
Group of the Sixth Committee the question of the pro- how the Commission itself might take the occasion of the
gramme for the Decade and of appropriate action to be Decade to further strengthen and develop its programme
taken during the Decade with a view to preparing gene- of work. Several types of activities were identified in the
rally acceptable recommendations for the Decade. discussion as being particularly appropriate for inclusion
in the programme for the Decade. One activity was to
strengthen the teaching, study, dissemination and wider
I. ACTION ON THE DECADE BY appreciation of the law of international trade. Another
THE COMMISSION activity was the promotion of acceptance of legal texts
emanating from the work of the Commission and from the
3. The resolution was brought to the attention of the work of other intergovernmental and non-governmental
Commission at its twenty-third session in 1990 in a note organizations active in the area of international trade law.
by the Secretariat (A/CN.9/338). At the session the Com- The observation was made that in respect of international
mission discussed the implications of the Decade for its law in general, and international trade law in particular,
the wider adoption and effective implementation of exist-
future work.1 The conclusions of the Commission, which
ing texts was often of greater value than was the elabora-
are summarized in paragraphs 4 to 7, were submitted to
tion of new texts. The Commission noted that its activities
in respect of the teaching, study, dissemination and wider
'Report of the United Nations Commission on International Trade Law appreciation of international trade law, with the associated
on the work of its twenty-third session, Official Records of the General
Assembly, Forty-fifth Session, Supplement No. 17 (A/45/17), paras. 70-74.
promotion of the adoption and use of existing texts, had
448 Yearbook of the United Nations Commission on International Trade Law, 1991, Vol. XXII

been more limited than was desirable because of the views of Governments and international organizations that
limited resources that had been available for them. had been transmitted to the Secretary-General and placed
before the forty-fifth session of the General Assembly
6. The Commission noted that the suggested activities were listed in systematic order in Annex II of the report
relating to the teaching, study, dissemination, wider appre- of the working group entitled a "Comprehensive list of
ciation and promotion of international trade law would suggestions with respect to the programme for the United
have their impact in all regions, but that they would be of Nations Decade of International Law proposed by States
greatest significance in developing countries. In the same and international organizations" (A/C.6/45/L.5). Annex I
spirit, a suggestion was made that an attempt should be of the report sets forth a "Draft programme for the activi-
made to find a way to finance the travel of experts from ties to be commenced during the first term (1990-1992) of
developing countries, and especially from States members the United Nations Decade of International Law" based on
of the Commission, to the sessions of the Commission and those suggestions.
its working groups so that those States would be in a belter
position to contribute actively to the creation of interna- 9. While most of the suggestions submitted by Govern-
tional trade law.2 ments and international organizations that are not in-
cluded in the draft programme of activities, as well as the
7. In respect of the future activities of the Commission activities Usted in the draft programme, relate to public
in the preparation of legal texts, it was suggested that international law, several of the suggestions are of particu-
the Commission could contribute to the Decade by under- lar interest to the work of the Commission. Among the
taking work on a subject that was of underlying funda- suggestions listed in the category "Promotion of the
mental significance for the further development of the law acceptance of and respect for international law" that are
of international trade, such as the formulation of general of particular importance for the effective incorporation of
principles of contract law or of general principles in parti- legal norms prepared at the international level into natio-
cular areas of international trade law. It was also sug- nal legal systems were
gested that the Secretariat might review the proposals
made in past years for the programme of work that had not "3. Provision of technical and financial assistance to
been acted upon, as well as subjects on which work had States in their implementation of treaties, including the
begun but had been terminated prior to the adoption of a drafting of national legislation
legal text, to determine whether some of those items might "4. Recommendations for more effective ways to
now be appropriate for the current programme of work. apply international law at the national level
Under one suggestion the Secretariat would be requested
to prepare a proposed programme of work for the Com- (i) Application of international law (including by
mission for the period of the Decade. Furthermore, it was municipal courts) as laws of the land
suggested that the preparatory work by the Secretariat (ii) Comparative studies on the subject."
relating to the Decade should address the question of the
harmonization between the universal and the regional 10. A suggestion of particular relevance to the Commis-
codification of international trade law. It was proposed sion was listed in the category "Encouragement of the
that one plenary session of the Commission should be progressive development of international law and its
dedicated to a review of developments in the field of codification", namely
international trade law from 1980 onward.
"4. Clearer definition of the role of the International
Law Commission and the United Nations Commission
on International Trade Law (UNCITRAL)."
II. ACTION ON THE DECADE AT
THE FORTY-FIFTH SESSION OF 11. The "Programme for the activities to be commenced
THE GENERAL ASSEMBLY during the first term (1990-1992) of the United Nations
Decade of International Law" was adopted by the General
8. During the forty-fifth session of the General Assem- Assembly in its resolution 45/40 of 28 November 1990, on
bly the Sixth Committee created the working group on the the basis of a draft resolution prepared by the Sixth
Decade that had been anticipated in resolution 44/23. The Committee that incorporated the draft programme of ac-
tivities contained in the report of the Working Group. The
programme of activities is grouped under four substantive
'In paragraph 5 of resolution 45/42 of 28 November 1990 on the headings, which are in turn the main purposes of the
report of the twenty-third session of the Commission, the Genera! Decade according to resolution 44/23, that is
Assembly
"Requests the Secretary-General, in consultation with the Commis- I. Promotion of the acceptance of and respect for
sion's secretariat, to prepare a report with a view to analysing possible the principles of international law
ways by which assistance could be given to developing countries that
are members of the Commission, in particular least developed coun-
tries, so that they may attend meetings of the Commission and its II. Promotion of means and methods for the peaceful
working groups, bearing in mind the arrangements that exist for settlement of disputes between States, including
United Nations bodies generally, pursuant to resolution 43/217, resort to and full respect for the International
section DC, of 21 December 1988, and to submit it to the General Court of Justice
Assembly at its forty-sixth session;".
The report requested by the General Assembly will be submitted to its III. Encouragement of the progressive development
forty-sixth session. of international law and its codification
 Part Two. Studies and reports on specific subjects 449

IV. Encouragement of the teaching, study, dissemina- served by the "Schmitthoff report" to the General As-
tion and wider appreciation of international law. sembly in 1966.3

12. Among the four purposes of the Decade, the two of 16. In order to determine whether the United Nations
greatest interest for the Commission are the "encourage- should engage in the progressive unification and harmoni-
ment of the progressive development of international zation of international trade law, and whether it should
law and its codification" and the "encouragement of the create a new commission for that purpose, the General
teaching, study, dissemination and wider appreciation of Assembly in its resolution 2102 (XX) of 20 December
international law". The suggested activities for the United 1965 requested the Secretary-General to submit to the
Nations organs and organizations in implementation of General Assembly at its twenty-first session a comprehen-
those two purposes as described in the programme are sive report including:
similar to the suggestions made at the twenty-third session
(a) A survey of the work in the field of unification and
of the Commission and summarized in paragraphs 4 to 7.
harmonization of the law of international trade;
13. A fifth heading in the programme adopted by the (b) An analysis of the methods and approaches suit-
General Assembly was entitled "Procedures and organiza- able for the unification and harmonization of the various
tional aspects" in which, among other matters, the Sixth topics, including the question whether particular topics
were suitable for regional, inter-regional or worldwide
Committee was requested to continue to prepare the pro-
action;
gramme of activities for the Decade. Of more direct rele-
vance to the Commission is paragraph 4 of the resolution (c) Consideration of the United Nations organs and
itself, in which the General Assembly other agencies which might be given responsibilities with
a view to furthering cooperation in the development of the
"Invites all international organizations and institutions law of international trade and to promoting its progressive
referred to in the programme to undertake the relevant unification and harmonization.
activities outlined therein and, as appropriate, to submit
to the Secretary-General interim or final reports for 17. The report of the Secretary-General (A/6396), some-
transmission to the General Assembly at the forty-sixth times referred to as the "Schmitthoff report" in reference
session or, at the latest, the forty-seventh session;". to the late Professor Clive M. Schmitthoff who was its
principal author in the capacity of a consultant to the
14. This short review of the principal actions taken by Secretariat, was a comprehensive document completely
the General Assembly in respect of the Decade shows that fulfilling the expectations of the General Assembly. The
the Assembly anticipates that the initiative for implemen- report adequately answered the question as to whether a
tation of the programme will rest in large measure with new commission on international trade law should be
the various international organs and organizations inter- created. The report did much more; it furnished the in-
ested in international law. As a result the Commission tellectual foundation upon which the Commission under-
may wish to respond to the invitation of the General took the task of preparing its first programme of work
Assembly contained in resolution 45/40 by preparing a and deciding how that programme of work would be
programme of activities for the Decade that is specifically coordinated with the activities of other organizations.4
related to international trade law. The Commission may Even today, twenty-five years after its preparation, the
wish to consider that, as a first step in the preparation of Schmitthoff report furnishes a useful discussion of the
such a programme, it might organize a Congress on Inter- methods, approaches and topics that are suitable for
national Trade Law to be held in the context of the the progressive harmonization and unification of the law
twenty-fifth session of the Commission in 1992. of international trade and a useful compendium of the
organizations active in the field.5

18. Nevertheless, events have made much of what was

III. PROPOSED CONGRESS ON said in the Schmitthoff report out of date. Not the least of
INTERNATIONAL TRADE LAW these events is the success of the Commission itself. For
example, paragraph 30 of the report includes a short
A. Background description of the Convention relating to a Uniform Law
on the International Sale of Goods and of the Convention
15. The declaration of the United Nations Decade of relating to a Uniform Law on the Formation of Contracts
International Law comes at a fortunate moment in the
history of the Commission. The Commission is complet-
ing a quarter century of existence, having been created by 'Official Records of the General Assembly, Twentv-first Session,
Annexes, (A/6396), reprinted in UNCITRAL Yearbook, Voi. I: 1968-1970,
the General Assembly on 17 December 1966 by adoption Part One, II, B.
of resolution 2205 (XXI). In 1992 the Commission will 4
The report was distributed to the first session of the Commission and
celebrate its twenty-fifth session. It would seem, therefore, the definition of international trade law contained therein is specifically
appropriate for the Commission to commence its activities referred to in the report of the first session (A/7216, paras. 23 and 24).
in respect of the Decade by considering in a comprehen- Although the Commission agreed that it was not essential to formulate a
definition of international trade law at that time, and has never done so
sive manner the current state of international trade law since, the definition referred to has served as a touchstone for the Com-
and the needs in this field for the next quarter century. mission's programme of work.
Undertaking such a comprehensive review at this time 'The list of organizations active in the field of international trade law
could be expected to serve a function similar to that was brought up to date in 1988 in A/CN.9/303.
450 Yearbook of the United Nations Commission on International Trade Law, 1991, Vol. XXII

for the International Sale of Goods, both of which had international trade law into the domestic legal systems
been concluded at the Diplomatic Conference on the and the teaching of international trade law in universities.
Unification of Law governing the International Sale of Speakers might include both individuals currently or for-
Goods at The Hague in April 1964 and opened for signa- merly associated with the Commission and individuals not
ture on 1 July 1964. The report noted that of the twenty- associated with the Commission but who have particular
seven States that signed the Final Act of the Conference, expertise. Time might be allocated for discussion of indi-
all but three were countries of free enterprise economy vidual papers and topics.
and that geographically twenty-two were located in
Europe, three in Latin America and North America and 21. Since the Congress would be an integral part of the
two in Asia. While the two Hague Conventions came into twenty-fifth session of the Commission, all States and all
force with, at their high point, nine and eight States parties interested international organizations would automatically
respectively, thirty-one States from all five continents are be invited to attend. It could be expected that more States
currently parties to its successor, the United Nations and interested organizations than normal would attend and
Convention on Contracts for the International Sale of that individual delegations might be larger than normal.
Goods.6
22. The Congress would be of a nature that specialists
in international trade law who were not associated with a
B. Organization of the Congress delegation would be interested in attending. The Com-
mission might wish to consider whether it would be inte-
19. In order to undertake such a comprehensive review rested in inviting such specialists to attend the Congress.
of the current state of international trade law and the needs In anticipation of such a possibility, an adequate meeting
in this field for the next quarter century, it is suggested room has been reserved for the week.
that one week of the twenty-fifth session of the Com-
mission, which will be held in New York in 1992, should 23. Because the Congress would take place within the
be devoted to the holding of a Congress on International context of the Commission session, it would not be pos-
Trade Law. Such a Congress would respond to the sugges- sible to charge a fee for attending the Congress even to
tion made at the twenty-third session of the Commission those participants who were not associated with a delega-
that the Commission might devote one plenary session to tion. However, because of the limited space available, it
a review of developments in the field of international would be necessary to call for advance registration. Fur-
trade law from 1980 onward (see paragraph 7). The Con- thermore, any participants at the Congress not associated
gress would be organized as an integral part of the with a delegation could be invited to make a contribution
Commission session. As a result, full conference servicing to the UNCITRAL Symposium Trust Fund. Since a con-
would be available at no extra cost to the Organization. tribution would be voluntary, the amount would also be
voluntary. However, an appropriate amount might be
20. The Congress might be organized around the themes suggested.
presented in the Schmitthoff report as well as include new
themes that have arisen during the past twenty-five years, 24. The papers presented by the speakers might sub-
such as how to secure effective incorporation of texts of sequently be published in a bound form. In anticipation of
such a possibility, the programme budget for 1992-1993
submitted by the Commission's Secretariat provides for
"The two Hague Conventions have been denounced by three States,
i.e., Germany, Italy and Netherlands, when they adhered to the United publication in English, French and Spanish of the papers
Nations Convention on Contracts for the International Sale of Goods. to be presented to the Congress.