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International Institute for the Unification of Private Law
Sede UNIDROIT Roma.jpeg
Abbreviation UNIDROIT
Formation 1926
Type intergovernmental Organization
Headquarters Rome, Italy
Membership
65 States (2023)
Official language
English

French

Spanish

Italian

German
Secretary General
Professor Ignacio Tirado
President
Professor Maria Chiara Malaguti
Website https://www.unidroit.org/

UNIDROIT (which stands for the International Institute for the Unification of Private Law) is an organization that helps make laws similar between different countries. Its main goal is to create common rules and agreements for private dealings, like business contracts or property rights. This helps make international trade and other activities smoother.

UNIDROIT started in 1926 as part of the League of Nations. When the League ended, UNIDROIT was restarted in 1940 by a special agreement called the UNIDROIT Statute. As of 2023, 65 countries are members of UNIDROIT.

UNIDROIT has created many important agreements (called conventions or treaties). It also develops "soft law" tools. These are rules or guides that countries and businesses can choose to follow, even if they are not legally binding. An example is the UNIDROIT Principles of International Commercial Contracts. These principles are used when businesses agree to follow them for their deals. They are different from other laws that apply automatically.

Where is UNIDROIT Located?

UNIDROIT's main office is in Rome, Italy. It is located in a beautiful old building called Villa Aldobrandini. This villa was built in the 17th century. It sits between two streets, Via Nazionale and Via Panisperna, and is next to the Pontifical University of Saint Thomas Aquinas.

How UNIDROIT Works

UNIDROIT has a clear process for creating new international rules. It involves several steps to make sure the new rules are useful and fair for everyone.

Starting a New Project

When UNIDROIT decides to work on a new topic, its team first studies the idea. They look at whether the proposed changes are needed and possible. They also compare laws from different countries on that topic. This study is then shown to the Governing Council, which is like a board of directors. If the Council agrees, a special group is formed to write a first draft of the new rules or agreement.

Making Rules for Countries

The first draft of the rules is then given to the Governing Council for their review. If it's a draft for a new international agreement (convention), the Council usually asks for a meeting of experts from different governments. These experts work together to finish the draft. If the rules are not meant to be a formal convention, the Council might just allow UNIDROIT to publish them as a guide.

Representatives from all member countries can join these expert meetings. Other countries and organizations can also be invited to watch. Once the experts agree on a final draft, it goes back to the Governing Council. If everyone agrees and it looks like the new rules will be accepted, the Council sends them to a special meeting called a Diplomatic Conference. At this conference, countries vote to officially adopt the new rules as an international agreement.

Working with Other Organizations

UNIDROIT often works with other international groups. These include both government organizations and non-government groups. UNIDROIT, along with the Hague Conference on Private International Law and the United Nations Commission on International Trade Law (UNCITRAL), are known as "the three sisters." They are the main groups that create international private law. UNIDROIT also helps other organizations by doing research and drafting agreements for them.

A Network of Legal Experts

To do its job well, UNIDROIT needs to know about laws in many different countries. This can be hard to do. So, UNIDROIT has a special network of experts. These experts are lawyers and academics from both member and non-member countries. The Governing Council chooses them. They provide UNIDROIT with important information about laws around the world, helping the organization stay updated.

Member Countries

Countries become members of UNIDROIT by agreeing to its rules. As of 2023, there are 65 member countries.

Member country Year of joining
 Argentina 1972
 Australia 1973
 Austria 1948
 Belgium 1940
 Bolivia 1940
 Brazil 1940
 Bulgaria 1940
 Canada 1968
 Chile 1951
 China 1986
 Colombia 1940
 Croatia 1996
 Cuba 1940
 Cyprus 1999
 Czech Republic 1993
 Denmark 1940
 Egypt 1951
 Estonia 2001
 Finland 1940
 France 1948
 Germany 1940
 Greece 1940
 Holy See 1945
 Hungary 1940
 India 1950
 Indonesia 2009
 Iran 1951
 Iraq 1973
 Ireland 1940
 Israel 1954
 Italy 1940
 Japan 1954
 Latvia 2006
 Lithuania 2007
 Luxembourg 1951
 Malta 1970
 Mexico 1940
 Netherlands 1940
 Nicaragua 1940
 Nigeria 1964
 Norway 1951
 Pakistan 1964
 Paraguay 1940
 Poland 1979
 Portugal 1949
 South Korea 1981
 Serbia (joined as  Federal Republic of Yugoslavia) 2001
 Romania 1940
 Russia (joined as  Soviet Union) 1990
 San Marino 1945
 Saudi Arabia 2009
 Singapore 2023
 Slovakia 1993
 Slovenia 1995
 South Africa 1971
 Spain 1940
 Sweden 1940
 Switzerland 1940
 Tunisia 1980
 Turkey 1950
 United Kingdom 1948
 United States 1964
 Uruguay 1940
 Venezuela 1940
 Mongolia 2023

Some countries were members in the past but are no longer, like Ecuador and Lebanon. Also, some countries that no longer exist, like Czechoslovakia, were once members.

Important UNIDROIT Agreements

UNIDROIT has helped create many international agreements and guides over the years. These are divided into two main types: conventions (which are binding treaties) and "soft law" instruments (which are non-binding guides).

International Conventions

These are formal agreements that countries sign and agree to follow. They are prepared by UNIDROIT and then adopted at special diplomatic conferences. Some important ones include:

  • Convention on the International Sale of Goods (The Hague, 1964)
  • Convention on the Formation of Contracts for the International Sale of Goods (The Hague, 1964)
  • International Convention on Travel Contracts (Brussels, 1970)
  • Convention on the Form of an International Will (Washington, D.C., 1973)
  • Convention on Agency in the International Sale of Goods (Geneva, 1983)
  • UNIDROIT Convention on International Financial Leasing (Ottawa, 1988)
  • UNIDROIT Convention on International Factoring (Ottawa, 1988)
  • UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (Rome, 1995)
  • Convention on International Interests in Mobile Equipment (Cape Town, 2001)
    • Protocol on Aircraft (2001)
    • Protocol on Railway Rolling Stock (2007)
    • Protocol on Space Assets (2012)
    • Protocol on Matters Specific to Mining, Agricultural and Construction Equipment (2019)
  • Geneva Securities Convention (Geneva, 2009)

UNIDROIT also holds the official copies of the Cape Town Convention (and its four parts) and the Geneva Securities Convention. This means they are the official keepers of these important documents.

UNIDROIT has also done research for other international agreements. For example, they helped with the Convention on the Contract for the International Carriage of Goods by Road (CMR) in 1956. They also contributed to the United Nations Convention on the Liability of Operators of Transport Terminals in International Trade in 1991.

Soft Law Instruments

These are non-binding rules or guides that inspire countries and businesses. They are not legally required, but they offer helpful advice and common practices.

  • The UNIDROIT Principles of International Commercial Contracts (updated in 1994, 2004, 2010, and 2016)
  • The ALI / UNIDROIT Principles of Transnational Civil Procedure (created with the American Law Institute) (2004)
  • The 2011 Model Provisions on State Ownership of Undiscovered Cultural Objects (created with UNESCO)
  • The Principles on the Operation of Close-Out Netting Provisions (2013)
  • The UNIDROIT/FAO/IFAD Legal Guide on Contract Farming (2015)
  • The ELI/UNIDROIT Model European Rules of Civil Procedure (2020)
  • UNIDROIT/IFAD Legal Guide on agricultural land investment contracts (2021)

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