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The Elgar Companion to UNIDROIT

9781803924557 Edward Elgar Publishing
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
Publication Date: April 2024 ISBN: 978 1 80392 455 7 Extent: 556 pp
This comprehensive Companion provides a unique overview of UNIDROIT, the primary independent organisation coordinating the practice of international 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.

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Critical Acclaim
Contributors
Contents
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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.
Critical Acclaim
‘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 of 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
Contributors
Contributors include: Titilayo Adebola, Ole Böger, William Brydie-Watson, Giuliano G. Castellano, Felix Dasser, Marek Dubovec, A. Bryan Endres, Eesa A Fredericks, Giuditta Giardini, Jessica Guarino, Roy Goode, Rishi Gulati, Louise Gullifer, Megumi Hara, Florian Heindler, Thomas John, Thomas Keijser, Christoph A. Kern, Ben Köhler, Souichirou Kozuka, Paul MacMahon, Justin Monsenepwo, José Antonio Moreno Rodríguez, Jan L Neels, Dora Neo, Solomon Okorley, Francesco Paolo Patti, Pilar Perales Viscasillas, Lena Peters, Teresa Rodríguez de las Heras Ballell, Sanam Saidova, Philipp Schlüter, Hiroo Sono, Jeannette ME Tramhel, Johannes Ungerer, María Ignacia Vial Undurraga, Isabel Zuloaga Ríos
Contents
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
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