International treaties, conventions and model codes

1.

LECTURE 2

2.

INTERNATIONAL TREATIES,
CONVENTIONS AND MODEL CODES
• Nations negotiate treaties and model codes so that parties can refer to that
agreed code of conduct when carrying out international trade rather than their
own domestic laws.
• International bodies exist to help create, manage and amend those agreed
international laws.

3.

INTERNATIONAL ORGANISATIONS
• United Nations (UN)
• The UN is a global body which has almost every country in the world as a
member, which exists to maintain peace and security, develop friendly
relations between nations, co-operate in solving economic, social, cultural
and humanitarian problems and to promote respect for human rights and
international freedoms.
• It has various legal departments:
UN Commission on International Trade Law (UNCITRAL)
(www.uncitral.org).
The International Court of Justice (ICJ) (www.icj-cij.org).

4.

UN COMMISSION ON INTERNATIONAL TRADE LAW (UNCITRAL)
UNCITRAL is the legal body of the UN which has largely harmonised and unified public
international law. It is formed of 60 states elected by the UN general assembly

5.

THE INTERNATIONAL COURT OF JUSTICE (ICJ)

6.

INTERNATIONAL CHAMBER OF COMMERCE (ICC)
• The ICC is an organisation created by business leaders from various countries which aims
to ‘serve world business community by promoting trade and investment, open markets for
goods and services, and the free flow of capital’.

7.

WORLD TRADE ORGANISATION (WTO)
• The WTO is an organisation which provides rules for the system of international trade. It
was formed in 1995 from the old General Agreement on Tariffs and Trade (GATT) which had
existed since 1948. The WTO provides guidance on trade in goods, services, inventions,
creations and intellectual properties. It has 164 members, accounting for over 97% of the
world’s trade.

8.

ORGANISATION FOR ECONOMIC CO-OPERATION AND
DEVELOPMENT (OECD)
• The OECD is a group of member countries whose modern aim is to be a forum for discussing, developing and refining
economic and social policies. The OECD:
• has 30 member countries from most continents, relationships with a further 70 countries
• was historically an organisation set up to administer US and Canadian aid to Europe after World War II
• Provides guidance, e.g. on corporate governance (how companies are managed) – the OECD Principles of Corporate
Governance
website (www.oecd.org).

9.

I NT E R NAT I ONAL I NST I T UTE FOR T H E UNI FI C AT I ON OF PR I VAT E L AW ( UNI D ROI T )
• UNIDROIT is an independent, inter-governmental organisation.
UNIDROIT:
• studies needs and methods of harmonising private commercial law
• has 61 member states from five continents
• is financed by contributions from member states
• has a three-tiered structure, with a Secretariat, a Governing Council and a General Assembly.
The Secretariat:
• is responsible for carrying out the day-to-day work programme of UNIDROIT
The Governing Council:
• is made up of one ex officio member, who is the President, and 25 elected officials (judges, practitioners, civil servants)
• supervises the work of the secretariat.
The General Assembly:
• is the decision-making body of UNIDROIT
• elects the governing council every five years
• approves the work programme every three years
• is made up of one official from every member state.
website (www.unidroit.org)

10.

INTERNATIONAL COURTS
• International Court of Justice (ICJ)
• The International Court of Arbitration (ICA)

11.

COURTS VERSUS ARBITRATION
Operation of the courts:
• Courts are where legal disputes have historically been settled.
In a court case:
• parties present their claim before a judge (and sometimes a jury of ‘ordinary citizens’)
who decides the merits of the case
• parties are often represented by legal personnel such as solicitors or barristers
• parties have a right of appeal to a superior court if they disagree with the outcome.