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As one of the most important international organisations in the sphere of international trade law, UNCITRAL aims to further the progressive unification of the law of international trade. This comprehensive Companion delineates the range of issues considered at UNCITRAL, as well as assessing the potential for future work and reforms. Split into four key thematic sections, the book starts by providing an institutional background to UNCITRAL, before moving on to discuss the topic of dispute resolution, including contributions on international arbitration, mediation, and online dispute resolution. Further chapters then explore key topics in international contract law, especially relating to the United Nations Convention on Contracts for the International Sale of Goods. The final section of the Companion consists of chapters on a variety of matters considered at UNCITRAL, namely, micro, small and medium-sized businesses; insolvency; secured transactions; negotiable instruments; public procurement; electronic commerce and transport law. A diverse selection of contributors from a variety of legal backgrounds come together to present the past, present and future prospects of UNCITRAL instruments.
This comprehensive Companion is a unique guide to the Hague Conference on Private International Law (HCCH), an intergovernmental organisation dedicated to developing multilateral legal instruments pertaining to personal, family and commercial legal situations that cross national borders. The Companion is a critical assessment of, and reflection on, past and possible future contributions of the HCCH to the further development and unification of private international law. Written by international experts who have all directly or indirectly contributed to the work of the HCCH, chapters analyse its structure and working methods, as well as explore its significant achievements in the areas of international family law, civil procedure, legal cooperation, commercial and finance law. The contributors also discuss the many challenges both the HCCH and other global organisations are facing, including the advent of regionalism and renewed nationalism. Scholars and students of private international law, as well as private legal practitioners and members of the judiciary, will find this book to be crucial reading. Those working at other international organisations such as NGOs, banks and businesses will also find its insights into the workings of a successful international organisation beneficial.
We live in a denial of justice age when it comes to the individual pursuit of justice against international organisations (IOs). Victims of institutional conduct are generally not provided reasonable means of dispute settlement at the international level. They also have been unable to seek justice at the national level due to IO immunities, which aim to secure institutional independence. Access to justice and IO independence are equally important values and realising them both has so far proven elusive. Private international law techniques can help allocate regulatory authority between the national and institutional orders in a nuanced manner by maintaining IO independence without sacrificing access to justice. As private international law rules can be adjusted nationally without the need for international action, the solution proposed can be readily implemented, thereby resolving a conundrum that public international law has not been able to address for decades.
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