Thursday, May 16, 2019

Institute of International Private Law

One. Introduction to the International Association for the Unification of Private Law

The International Institute for the Unification of Private Law, also known as the International Association for the Unification of Private Law, was established in 1926 as an auxiliary body of the League of Nations; after the dissolution of the Union, the Institute was re-established in 1940 under the Statute of the Multilateral Agreement - International Association for the Unification of Private Law. Its seat is in Rome, Italy.

The International Institute for the Unification of Private Law is an independent intergovernmental organization. Its purpose is to study the international law of private law between countries, especially the modernization, coordination and coordination of business law needs and methods, and draft international conventions to meet demand. In addition, the International Institute for the Unification of Private Law must gradually prepare countries to adopt uniform private law rules, such as drafting draft laws and draft conventions, in order to develop uniform domestic laws and draft draft agreements to promote international relations. In the field of private law, engaging in comparative private law research, interested in projects already carried out in any of these areas, it is possible to organize meetings and publications with other institutions necessary to maintain it, and the Institute believes that it is worthy of widespread dissemination.

What is the organizational structure of Unidroit? What is Unidroit's legislative policy? What are the achievements of Unidroit? Does Unidroit play an important role in international law?

II. Member of the International Institute for the Unification of Private Law

The members of Unidroit are from five continents and represent a variety of different legal, economic and political systems and different cultural backgrounds. In order to become a unified member, states must join a unified statue.

In addition, Member States' obligations are to commit to supporting annual expenditures related to the operation and maintenance of the Institute. In particular, the Italian government approved the ordinary basic donation of the Italian government, approved by the Italian parliament, the government ordered that in 1985, 300 million Italian liras per year, this figure may be the law of the Italian national budget approved and other participating governments. Ordinary annual contributions were revised at the end of each three-year period.

Today, there are 61 member countries such as Argentina, Austria, Australia, Belgium, Bolivia, Bulgaria, Brazil, Canada, Chile, China, Colombia, Croatia, Germany, Greece, Holy See, Hungary, India, Iran, Iraq, Ireland, Republic of Korea, Republic of Serbia, Romania, Russian Federation, San Marino, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Tunisia, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay and Venezuela.

III. Organizational structure of the International Institute for the Unification of Private Law

The structure of Unidroit is divided into six organizations, a conference, a president, a council, a standing committee, an administrative tribunal and a secretariat. However, the main three-tier institutions that play a significant role in the operation of the International Institute for the Unification of Private Law are the Secretariat, the Council and the General Assembly.

Assembly

The General Assembly is the final decision-making body of the Unidroit Association. The conference consists of one representative from each participating government. Diplomatic representatives or personnel who are dismissed by participating members shall be recognized by the Italian government.

The President shall convene a meeting in Rome at least annually to approve the annual income and expenditure accounts and the regular budget. The General Assembly must approve the Institute's work programme in accordance with the Council's proposal, in particular the resolution adopted by a two-thirds majority of the members present at the meeting, in accordance with paragraph 4 of Article 16. According to paragraph 3 of Article 16 above.

Unidroit members are divided into different categories based on each country's annual contribution. The classification will be determined by the 2/3 voting resolution of the General Assembly. In addition, the classification relates to the national income of the country.

Nevertheless, the classification of this member will be revised every three years through further solutions. The resolutions of the conference adopted by classification shall be notified to each participating government by the Italian government.

During the year following the notification, each participating government may challenge the resolution on its classification for consideration by the next session of the Assembly. The General Assembly shall decide by a resolution adopted by two-thirds of the members present at the meeting, and the Italian Government shall notify the participating governments. However, the latter government may choose to withdraw from the membership of the Institute.

Participating governments that have defaulted on payments for more than 2 years will lose the right to vote in the General Assembly due to their commitments. This is a very important financial support and a necessary condition for the internal work of the organization.

The Institute established a working capital fund to meet current expenditures and meet unforeseen expenses before receiving contributions from participating governments. In addition, it must be consistent with Unidroit's regulation and passed by the General Assembly with a 2/3 majority vote.

2. Council

The Council oversees all policy aspects of the Institute's implementation of statutory objectives, in particular the Secretariat's implementation of the work programme, which is responsible for the development of the work programme. It consists of an ex officio member, the chairman of the Institute and 25 elected members, usually outstanding judges, practitioners, academics and civil servants.

Twenty-five members were elected, some of whom were appointed by the General Assembly and the other elected from the judges of the International Court of Justice. The president and board members are appointed for a term of five years and can be renewed. If the President of the Council is appointed by the Italian Government, if the membership is replaced, the members of the Council shall serve to remind them of their predecessor's term. The Board shall be convened by the Chair when it deems it appropriate, in any case at least once a year.
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  The Council may invite representatives of international agencies or organizations to participate in its meetings as advisors, as long as the work of the Institute covers topics of interest to these institutions or organizations.

Any participating government and any international organization of an official nature have the right to propose in the Council the unification of research and private law, and the harmonization or coordination of related issues. Therefore, the Council will decide on any action taken on the proposals and recommendations made in this way. The Council may submit a study of a particular issue to the decision of a jurist with expertise in these issues. Responsibilities should be conducted as much as possible by the members of the Board After completing the study of the issues involved, the Council must approve any preliminary drafts that will be submitted to Governments as appropriate. It shall notify the participating governments of such drafting work or the institutions or associations that make recommendations or recommendations to them, and ask them to comment on the expediency and substance of the terms. Based on the replies received, the Council approved the final draft as appropriate. It communicates this information to governments and institutions or associations that make recommendations or recommendations to them. The Council will then consider taking steps to convene a draft review of the Diplomatic Conference.

3. Secretariat

The Secretariat is the executive body of the International Institute for the Unification of Private Law and is responsible for the implementation of the daily work plan. It is administered by the Secretary-General, who is appointed by the Council and is responsible for nominating the President of the Institute. The Secretary-General is assisted by international civil servants and various support staff.

The Secretariat consists of the Secretary-General appointed by the Council on the nomination of the President, two Deputy Secretaries-General of different nationalities appointed by the Council and officials and employees stipulated in the management rules governing the Council. The Institute and its internal operations. The term of office of the Secretary-General and the Deputy Secretary-General shall not exceed five years. They are eligible to be appointed again. The Secretary-General of the Institute shall be the Secretary of the General Assembly.

The Secretariat welcomes qualified staff from Member States to internships in international organizations or as part of university studies or to gain experience, work or internships in organizations such as the International Institute for the Unification of Private Law.
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  The official languages ​​are Italian, English, French, German and Spanish.

President

The president is the representative of the institution. Usually, the president is elected by the General Assembly...




Orignal From: Institute of International Private Law

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