This comprehensive Companion provides a unique overview of UNIDROIT, the primary independent organisation coordinating the unification of private law across its 65 member states. As the third in the suite of titles covering the ‘three sisters’ of uniform private law and private international law, it considers UNIDROIT’s role in the creation of existing uniform law, as well as posing questions about its future in the sector.
The Companion offers a broad range of diverse perspectives on UNIDROIT, providing a rich reference resource that considers the history, present and future of the organisation. The team of authors explore the evolving scope and role of UNIDROIT, with a particular focus on its Principles of International Commercial Contracts, as well as its contributions to secured transaction processes, capital markets and cultural properties. Through its assessment of case studies, the Companion delineates the current priorities of UNIDROIT, as well as examining the future of the organisation, and outlining how the organisation can address challenges such as sustainable development and disruptive technologies, and further advance its own impact in underrepresented regions.
Covering a broad range of perspectives from scholars and practitioners alike, this Companion will be a crucial reference point for academics and students in the fields of private international law, and international commercial law, especially those interested in how international organisations contend with critical legal issues.
Contents: Foreword: The modernity of the founding idea of Unidroit in the contemporary world xviii List of abbreviations xxii List of Conventions and Regulations cited by short titles xxviii 1 Introduction: The Elgar Companion to Unidroit 1 Ben Köhler PART I INSTITUTIONAL PERSPECTIVES SECTION 1 UNIDROIT AS A GLOBAL INSTITUTION 2 The beginnings, history and structure 14 Lena Peters 3 Unidroit and Africa – Unidroit principles and African principles 34 Jan L Neels, Eesa A Fredericks and Solomon Okorley 4 Unidroit and Asia 46 Hiroo Sono 5 Unidroit and Latin America 61 Isabel Zuloaga Ríos and María Ignacia Vial Undurraga 6 Tracing the path of the role of technology in Unidroit instruments 79 Teresa Rodríguez De Las Heras Ballell 7 Contributions of Unidroit to sustainable development 95 Jeannette M.E. Tramhel 8 Behavioural economics of internationally unifying private law 113 Johannes Ungerer PART II CURRENT INSTRUMENTS SECTION 1 CONTRACTS 9 Unidroit Principles of International Commercial Contracts (PICC): applicability and application 131 Felix Dasser 10 Long-term contracts in the 2016 Unidroit Principles of International Commercial Contracts 150 Ben Köhler 11 Unidroit Principles and CISG: A first and a second look 164 Pilar Perales Viscasillas 12 Common law responses to the Unidroit Principles of International Commercial Contracts 177 Paul MacMahon 13 The Unidroit Principles and the harmonization of contract law in West and Central Africa 192 Justin Monsenepwo 14 The Unidroit Principles in investment arbitration 205 José Antonio Moreno Rodríguez 15 The role of Unidroit and the development of legal structures to support contract farming 218 A Bryan Endres and Jessica Guarino 16 Agricultural land investment contracts: Analysis from an African perspective 230 Titilayo Adebola SECTION 2 SECURED TRANSACTIONS 17 Unidroit access to credit instruments 248 Giuliano G. Castellano and Marek Dubovec 18 The Cape Town Convention 20 years on 261 Louise Gullifer 19 The Aircraft Protocol to the Cape Town Convention on International Interests in Mobile Equipment 276 Roy Goode 20 The public service exemption under the Luxembourg Rail Protocol: The right balance between the public and private interests? 284 Sanam Saidova 21 Extending private uniform law to outer space: The Space Protocol to the Cape Town Convention 299 Souichirou Kozuka 22 The MAC Protocol – a new era for the Cape Town Convention 315 William Brydie-Watson 23 The Cape Town Convention in the light of financial market transactions – international interest and cover pools 335 Florian Heindler 24 Factoring Model Law: Advancing access to finance and promoting financial inclusion 344 Marek Dubovec and Megumi Hara SECTION 3 OTHER SELECTED INSTRUMENTS 25 The Unidroit Capital Markets Projects 359 Thomas Keijser 26 The 1995 Unidroit Convention on Stolen or Illegally Exported Cultural Objects 370 Giuditta Giardini 27 Unidroit’s work in the area of civil procedure 390 Christoph Kern PART III CURRENT AND FUTURE AREAS OF WORK SECTION 1 CURRENT PROJECTS 28 Possible future protocols to the Cape Town Convention on ships and on renewable energy equipment 403 Ole Böger 29 Best practices for effective enforcement: Principle of formalisation and debtor protection 426 Philipp Schlüter 30 Drafting a Model Law on Warehouse Receipts 441 Dora Neo SECTION 2 OVER THE HORIZON 31 Access to justice and multinational corporations: promoting privately driven transnational hybrid adjudication 456 Rishi Gulati 32 Unidroit and the struggles in harmonising succession law 475 Francesco Paolo Patti
Edited by Ben Köhler, Senior Research Fellow, Max Planck Institute for Comparative and International Private Law, Germany, Rishi Gulati, Associate Professor in International Law, University of East Anglia, UK and Barrister, Victorian Bar, Australia, Thomas John, MCIArb, Independent Mediator, Arbitrator and Legal Consultant, the Netherlands
Reviews for The Elgar Companion to UNIDROIT
‘An exceedingly informative overview of the work of the morning star of private law harmonisation. From contract law to litigation and arbitration, from secured transactions to financial services and technology driven law reform. Importantly, a Companion taking us to the world’s regions that stand to benefit most from UNIDROIT’s work.’ -- Herbert Kronke, Heidelberg University, Germany ‘Although widely known as one of the most important institutions for private international law, the full scope and depth of UNIDROIT'S work is not often appreciated. This important book fills that gap with its comprehensive exploration of the history and work of UNIDROIT. It is an essential book for anyone working in private international law.’ -- Henry Gabriel, Elon University, US ‘A compact, precise and reliable book all about UNIDROIT. A must for judges, arbitrators, lawyers, researchers and students.’ -- Hideki Kanda, University of Tokyo and Gakushuin University, Japan ‘This is a wonderful book about UNIDROIT’s storied history, the Principles on International Commercial Contracts, the Capetown Convention and its Protocols and secured transactions and, inter alia, capital markets, agriculture, culture and civil procedure. It will attract many readers and help to further the adoption and implementation of UNIDROIT’s many texts.’ -- Don Wallace, UNIDROIT Foundation and Georgetown University, US
