INTERNATIONAL LAW

The idea of developing international law through the restatement of existing rules is not of recent origin. In the last quarter of the eighteenth century, Jeremy Bentham proposed a codification of the whole of international law. Since his time, numerous attempts at codification have been made by private individuals, by learned societies and by governments. Enthusiasm for the "codification movement"—the name sometimes given to such attempts—generally stems from the belief that written international law would remove the uncertainties of customary international law by filling existing gaps in the law, as well as by giving precision to abstract general principles whose practical application is not settled.

MODERN ANTECEDENTS OF THE INTERNATIONAL LAW COMMISSION

The intergovernmental effort to promote the codification and development of international law made an important advance with the resolution of the assembly of the League of Nations of 22 September 1924, envisaging the creation of a standing organ called the Committee of Experts for the Progressive Codification of International Law, which was to be composed so as to present the "main forms of civilization and the principal legal systems of the world." This committee, consisting of 17 experts, was to prepare a list of subjects "the regulation of which by international agreement" was most "desirable and realizable" and thereafter to examine the comments of governments on this list and report on the questions which "were sufficiently ripe," as well as on the procedure to be followed in preparing for conferences for their solutions. This was the first attempt on a worldwide basis to codify and develop whole fields of international law rather than simply regulating individual and specific legal problems.

After certain consultations with governments and the League Council, the League Assembly decided, in 1927, to convene a diplomatic conference to codify three topics out of the five that had been considered to be "sufficiently ripe," namely: (1) nationality;(2) territorial waters; and (3) the responsibility of states for damage done in their territory to the person and property of foreigners. Delegates from 47 governments participated in the Codification Conference which met at The Hague, from 13 March to 12 April 1930. Unfortunately, nationality was the only subject for which an international instrument was agreed on. No further experiment in codification was made by the League of Nations after 1930, but on 25 September 1931, the League Assembly adopted an important resolution on the procedure of codification, the main theme of which was the strengthening of the influence of governments at every stage of the codification process.

PROVISIONS OF THE UNITED NATIONS CHARTER

Article I of the UN Charter calls for the adjustment or settlement of international disputes by peaceful means in conformity with the principles of justice and international law. In Article 13, the charter also requires the General Assembly to "initiate studies and make recommendations for the purpose of … encouraging the progressive development of international law and its codification." To help it fulfill this mandate, the General Assembly set up two law commissions.

The International Law Commission was established in 1947 as a permanent subsidiary organ with its own separate statute. It began meeting in 1949 and since that time has completed a significant body of work.

At its 1966 session, the General Assembly established another commission with the specific object of promoting the harmonization and unification of international law in the field of trade. The UN Commission on International Trade Law (UNCITRAL) held its first meeting in 1968.

INTERNATIONAL LAW COMMISSION

Like the judges of the International Court of Justice, the 34 (originally 15) members of the International Law Commission are not representatives of governments. Instead, they are chosen in their individual capacity "as persons of recognized competence in international law" and with due consideration to representation of "the main forms of civilization" and "the principal legal systems of the world." No two members of the commission may be nationals of the same country. They are elected for five-year terms by the General Assembly, from a list of candidates nominated by UN member states.

The members of the International Law Commission do not serve in a full-time capacity on the International Law Commission and need not give up their other professional activities. Until 1997, they met each year, normally in Geneva, for a session of approximately 12 weeks. In 1997, the General Assembly authorized the commission to hold its 50th session in two parts: the first to be held in Geneva from 27 April to 12 June 1998, and the second in New York, from 27 July to 14 August 1998. In 1998 the commission was authorized to convene one 12-week session in 1999, which was held in Geneva. Geneva was again the site in 2000, but the General Assembly saw fit to divide the commission's work into two parts for this, its 52nd session. In 2006, the commission's 58th session was held in two parts, from 1 May to 9 June, and from 3 July to 11 August. The various topics under consideration are usually assigned to individual members, who then serve as special rapporteurs on the item concerned, carry out the necessary studies between sessions, and submit reports to the commission at its annual sessions.

Functions

Although the UN Charter does not lay down any principles for determining a desirable "progressive development" of international law, Article 1 of the Statute of the International Law Commission provides that the "Commission shall have for its object the promotion of the progressive development of international law and its codification." From the outset the discussions in the International Law Commission and the General Assembly have made very clear the main considerations involved. The traditional legal norms prevailing at the time of the San Francisco Conference were inherited from an era when world politics was dominated by a handful of Western European nations. As a consequence, international law itself reflected the values and interests of those nations. In essence, therefore, what has been required is an adjustment of the entire international legal order so as to take account of the interests and traditions of a much broader community of nations.

Article 15 of the Statute of the International Law Commission defines "progressive development" as the preparation of draft conventions on subjects which have not yet been regulated by international law, or in regard to which the law has not yet been sufficiently developed in the practice of states. It defines "codification" as meaning the more precise formulation and systemization of rules of international law in fields where there already has been extensive state practice, precedent, and doctrines.

Progressive Development.

Under the Statute of the International Law Commission, proposals for the progressive development of international law are not formulated by the commission, but are referred to it by the General Assembly, or by members of the United Nations and other authorized agencies. On the other hand, the commission itself may select topics for codification.

Progressive development of international law is a conscious effort towards the creation of new rules of international law, whether by means of the regulation of a new topic or by means of the comprehensive vision of existing rules. Accordingly, the drafters of the statute considered that when the commission is engaged in the progressive development of any branch of law, the consummation of the work could be achieved only by means of an international convention. Thus the statute contemplates that the commission prepares a draft convention, and the General Assembly then decides whether steps should be taken to bring about the conclusion of an international convention.

Codification.

On the other hand, when the commission's task is one of codification (the mere precise formulation and systematization of existing customary law), the statute envisages two other possible conclusions to its work: (a) simple publication of its report; and (b) a resolution of the General Assembly, taking note of or adopting the report. The statute also lays down the specific steps to be taken by the commission in the course of its work on progressive development and on codification.

Methods of Work

The commission follows essentially the same method for both progressive development and codification. A "special rapporteur" is appointed for each topic; an appropriate plan of work is formulated; where desirable, governments are requested to furnish the texts of relevant laws, decrees, judicial decisions, treaties, and diplomatic correspondence; the special rapporteur submits reports; the commission approves a provisional draft based on those reports in the form of articles, with a commentary setting forth precedents, any divergence of views, and alternative solutions considered. The provisional draft is issued as a commission document and submitted to the General Assembly, and also to governments for their written observations. On the basis of comments received from governments, together with any comments made in the debates of the Sixth Committee of the General Assembly, the special rapporteur submits a further report, recommending the changes in the provisional draft that seem appropriate. The commission then, on the basis of that report and the comments, adopts a final draft. The final draft is submitted to the General Assembly with a recommendation regarding further action.

Special Assignments.

The General Assembly has from time to time requested the International Law Commission to examine particular texts or to report on particular legal problems. For example, at the specific request of the General Assembly, the commission dealt with the following topics: draft declaration on the rights and duties of states (1949); formulation of the Nürnberg principles (1950); questions of international criminal jurisdiction (1950); the question of defining aggression (1951); reservations to multilateral conventions (1951); draft code of offenses against the peace and security of mankind (1951 and 1954); extended participation in general multilateral treaties concluded under the auspices of the League of Nations (1962); question of the protection and inviolability of diplomatic agents and other persons entitled to special protection under international law (1972); and review of the multilateral treaty-making process (1979). The commission's reports on some of these topics were presented in the form of draft articles with commentaries. Conclusions reached on some other topics did not lend themselves to draft articles.

Scope of the Commission's Work

The General Assembly does not assign all legal issues with which it is concerned to the International Law Commission. Thus, the legal aspect of an agenda item that relates to another sphere of the General Assembly's work is often handled by a special committee set up to study that particular subject. This is the case, for example, with the legal aspects of the peaceful uses of outer space and with many matters of human rights and economic and social development. On occasion, too, the General Assembly has established a special committee to consider certain legal topics that directly affect the conduct of nations in the area of international peace and security and are therefore highly political. Thus, the agenda item entitled "Consideration of principles of international law concerning friendly relations and cooperation among states in accordance with the Charter of the United Nations" was assigned to a special 31-member committee. After eight years of discussion, the committee completed a draft declaration, as requested, in time for the commemorative session to celebrate the UN's 25th anniversary in 1970. The declaration embodies seven principles: the nonuse of force, peaceful settlement of disputes, nonintervention, sovereign equality, the duty to cooperate, equal rights and self-determination, and fulfillment of obligations under the charter.

Another example of a legal topic having a strongly political character is the definition of aggression. The International Law Commission originally was asked to draw up a definition of aggression. The task was taken over by the General Assembly only after the commission had failed to reach agreement. A special committee of the General Assembly draft ed the text of the Definition of Aggression, which was adopted by the General Assembly in 1974.

Another special committee of the General Assembly draft ed the International Convention on the Taking of Hostages, which was adopted in 1979, and still another prepared the draft of what became, after being approved by the General Assembly in 1982, the Manila Declaration on the Peaceful Settlement of International Disputes. A special committee, originally established by the General Assembly in 1977, completed a draft Declaration on the Enhancement of the Effectiveness of the Principle of Refraining from the Threat or Use of Force in International Relations, which the General Assembly approved in 1987. The General Assembly also has established an ad hoc committee to recommend practical measures for elimination of the problem of international terrorism. The committee, in 1979, submitted its final report and recommendations to the General Assembly, which welcomed the results achieved. In 1980, the General Assembly established an ad hoc committee on the drafting of an international convention against the recruitment, use, financing, and training of mercenaries. The committee completed its work in 1989. In the same year, the General Assembly adopted a convention on the subject. In 1993, the General Assembly entrusted an ad hoc committee with the task of elaborating an international convention dealing with the safety and security of United Nations and associated personnel, with particular reference to responsibility for attacks on such personnel. The ad hoc committee held its first session in March–April 1994.

In 1996 the General Assembly established an ad hoc committee to elaborate an international convention for the suppression of terrorist bombings and, subsequently, an international convention for the suppression of acts of nuclear terrorism. This mandate continued to be renewed and revised on an annual basis by the General Assembly in its resolutions on the topic of measures to eliminate international terrorism. In December 2001, the ad hoc committee resolved to continue to elaborate a comprehensive convention on international terrorism as a matter of urgency, and to formulate a joint organized response of the international community to terrorism in all its forms and manifestations.

In 2001, the General Assembly established an ad hoc committee for the purpose of considering the elaboration of an international convention against the reproductive cloning of human beings. The ad hoc committee met from 25 February to 1 March 2002 to consider the elaboration of a mandate for the negotiation of such an international convention. Also in 2001, the General Assembly established an ad hoc committee on the scope of legal protection under the Convention on the Safety of United Nations and Associated Personnel, to strengthen and enhance the protective legal regime for United Nations and associated personnel.

Topics Selected for Codification

At its first session, in 1949, the commission considered 25 topics for possible study. It selected 14 of these for codification. The list was only provisional, and it was understood that changes might be made after further study by the commission or in compliance with the wishes of the General Assembly. The list, however, still constitutes the commission's basic long-term program of work.

Topics on which the commission has completed its work and submitted final draft s or reports to the General Assembly include the following: rights and duties of states; ways and means for making the evidence of customary international law more readily available; formulation of Nürnberg principles; the question of international criminal jurisdiction; reservations to multilateral conventions; the question of defining aggression; nationality, including statelessness; law of the sea; arbitral procedure; diplomatic intercourse and immunities; extended participation in general multilateral treaties concluded under the auspices of the League of Nations; law of treaties; special missions; relations between states and international organizations; succession of states in respect of treaties; question of protection and inviolability of diplomatic agents and other persons entitled to special protection under international law; the most-favored-nation clause; succession of states in respect of matters other than treaties; question of treaties concluded between states and international organizations or between two or more international organizations; status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier; jurisdictional immunities of states and their property; nationality in relation to the succession of states; responsibility of states for internationally wrongful acts; and international liability for injurious consequences arising out of acts not prohibited by international law (prevention of transboundary damage from hazardous activities).

The Sixth Committee itself sometimes functions as a codification body. On two occasions, with regard to the topics "Special Missions" and "Draft Convention on the Prevention and Punishments of Crimes against Diplomatic Agents and other Internationally Protected Persons," the Sixth Committee was assigned the finalization of the relevant conventions. The General Assembly subsequently adopted both conventions.

In 1994, the General Assembly, on the recommendation of the Sixth Committee, established an ad hoc committee to elaborate an international convention dealing with the safety and security of UN personnel. The committee's task was to consolidate, in a single document, the set of principles and obligations contained in existing treaties as well as to codify customary international law. The Sixth Committee also convened in New York in 1995 a United Nations Congress on Public International Law as part of the activities of the UN Decade for International Law (1990–1999).

Extended Participation in Multilateral Treaties Concluded Under the Auspices of the League of Nations

The commission's conclusions on the question of extended participation in multilateral treaties concluded under the auspices of the League of Nations were submitted to the General Assembly in 1963. On the basis of those conclusions, the General Assembly decided that it was the appropriate organ of the UN to exercise the functions of the League Council with respect to 21 general multilateral treaties of a technical and nonpolitical character concluded under the auspices of the former world body.

Law of Treaties

The most far-reaching task undertaken by the International Law Commission has been its work on the law of treaties—the laws governing the way in which treaties are to be negotiated, adopted, altered, and abrogated. The commission, which began work on this project in 1949, finally completed it in 1966, after 18 sessions. Throughout this period, the commission regularly submitted provisional draft articles to the General Assembly's Sixth Committee and to individual governments for comment. Accordingly, the final draft of 75 articles adopted by the commission and submitted to the General Assembly's 1966 session included many revisions. At a conference that met in two sessions in Vienna in 1968 and 1969, the Vienna Convention on the Law of Treaties was adopted. It came into force in 1980.

During the preparation of the draft articles on the law of treaties, the commission considered whether the articles should apply not only to treaties between states but also to treaties concluded by other entities, particularly by international organizations. The commission decided to confine its work to treaties between states, but following adoption of the Vienna Convention on the Law of Treaties, it took up, in consultation with the principal international organizations, the question of treaties concluded between states and international organizations or between two or more international organizations.

At a conference that met in Vienna in 1986, the Vienna Convention on the Law of Treaties Between States and International Organizations or Between International Organizations was adopted.

Law of the Sea

In accordance with its 1949 program, the commission worked for a number of years on the codification of the law of the sea. Following a request of the 1954 General Assembly, the commission grouped together the articles that it had previously adopted and submitted a final draft on the law of the sea in 1956. The General Assembly called a special conference on the law of the sea at Geneva in 1958. At that conference, four conventions were adopted: (1) the Convention on the High Seas, which came into force on 30 September 1962; (2) the Convention on the Continental Shelf, on 24 April 1964; (3) the Convention on the Territorial Sea and the Contiguous Zone, on 10 September 1964; and (4) the Convention on Fishing and Conservation of the Living Resources of the High Seas, on 20 March 1966. (See also the chapter on the Law of the Sea.)

Reduction of Statelessness

In 1954, the commission prepared two draft s, one for a convention on the elimination of statelessness and another, which would impose fewer obligations on states, on the reduction of statelessness. General Assembly discussions showed that the first and more sweeping draft had no chance of acceptance. Even the measures on which countries would have to agree in order to reduce the number of stateless persons raised so many problems that two special conferences were eventually required, one in 1959 and one in 1961, to arrive at a Convention on the Reduction of Statelessness. It came into force in 1975.

Diplomatic and Consular Relations

In 1959, the commission adopted final draft articles on diplomatic intercourse and immunities. The General Assembly endorsed the draft s and convened an international conference, which met in Vienna in 1961 and adopted the Vienna Convention on Diplomatic Relations and two optional protocols, one concerning acquisition of nationality and the other compulsory settlement of disputes. The convention adapts to twentieth century requirements the rules for diplomatic intercourse formulated by the 1815 Congress of Vienna, which since that time have essentially governed diplomatic relations. It came into force on 24 April 1964.

Final draft articles on consular relations were submitted by the commission to the General Assembly in 1961. On the basis of these draft s, an international conference, held in Vienna in 1963, adopted the Vienna Convention on Consular Relations and two protocols. It came into force in 1967.

Special Missions

In 1968 and 1969, the General Assembly considered the question of a draft convention on special missions on the basis of draft articles prepared by the commission. On 8 December 1969, the General Assembly adopted the Convention on Special Missions and an optional protocol concerning the compulsory settlement of disputes. The convention, which came into force on 21 June 1985, provides rules applying to forms of ad hoc diplomacy—itinerant envoys, diplomatic conferences, and special missions sent to a state for limited purposes—that are not covered by the Vienna conventions of 1961 and 1963 relating to diplomatic and consular relations among states.

Protection of Diplomats

In 1973, the General Assembly adopted the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, on the basis of draft articles prepared by the commission. The convention's preamble states that crimes against diplomatic agents and other internationally protected persons, jeopardizing their safety, create a serious threat to the maintenance of normal international relations necessary for cooperation among states. It came into force on 20 February 1977.

Relations Between States and International Organizations

On the basis of draft articles prepared by the commission, the Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character was adopted in 1975 by an international conference.

Succession of States

Work on the subject of the succession of states was begun by the commission in 1962. Succession of states deals with cases in which dependent territories gain independence, as well as those involving the transfer of territory and the union, dissolution, and separation of states. In 1967, the commission divided the subject into three subtopics: succession in regard to treaties; in regard to matters other than treaties; and in regard to membership of international organizations.

Subsequently, two conferences were convened by the General Assembly to consider the subject on the basis of draft s prepared by the commission. The first conference, held in April 1977 and resumed in August 1978, adopted the Vienna Convention on Succession of States in Respect of Treaties. The second, which met in March–April 1983, adopted the Vienna Convention on Succession of States in Respect of State Property, Archives and Debts. In 1999 the commission adopted draft articles on the nationality of natural persons in relation to the succession of states.

Jurisdictional Immunities of States and Their Property

The commission completed its work on this topic in 1991 and recommended that the General Assembly convene an international conference to examine the 22 draft articles and conclude a convention. The Sixth Committee examined the draft articles in a working group in 1992 and 1993 in order to resolve differences of views on some of the substantive issues raised. Then, the General Assembly, in resolution 55/150 of 12 December 2000, decided to establish an ad hoc committee on jurisdictional immunities of states and their property, to further the work done, consolidate areas of agreement and resolve outstanding issues undertaken by the International Law Commission at its 43rd session, and also on discussions of the Sixth Committee. The ad hoc committee was convened at United Nations Headquarters from 4 to 15 February 2002, and met again in 2003 and 2004.

International Criminal Court

In 1992 the UN General Assembly requested that the Commission elaborate a Draft Statute for an International Criminal Court, which could prosecute persons for serious crimes under international law. The commission completed the draft statute in 1994, and included crimes under general international law such as genocide, aggression, serious violations of humanitarian law, crimes against humanity, unlawful seizure of aircraft, apartheid, and hostage taking. The Rome Statute of the International Criminal Court was adopted by a diplomatic conference of plenipotentiaries on 17 July 1998. The statute was to remain open for signature in Rome until 17 October 1998, after which it remained open for signature at the UN Headquarters in New York until 31 December 2000. The Rome Statute entered into force on 1 July 2002. As of 14 November 2005, 100 states were parties to the statute.

TOPICS PENDING BEFORE THE GENERAL ASSEMBLY

Diplomatic Protection

The commission completed its work on the topic of the diplomatic courier in 1989 and recommended that the General Assembly convene an international conference of plenipotentiaries to examine the draft articles and conclude a convention on the subject. The Sixth Committee of the General Assembly considered the issue in 1990, 1991, and 1992 and decided to return to it at its 49th session in 1995. The 50th session of the General Assembly in 1996 invited governments to submit comments regarding the commission's suggestion to include diplomatic protection as a topic. At its 54th session in 2002, the commission considered the report of a drafting committee on diplomatic protection, adopted amended draft articles and commentaries to the articles.

Current Topics

The following items were on the agenda of the commission at its 58th session (in 2006): diplomatic protection; international liability for injurious consequences arising out of acts not prohibited by international law (international liability in case of loss from transboundary harm arising out of hazardous activities); responsibility of international organizations; shared natural resources; unilateral acts of states; reservations to treaties; expulsion of aliens; effects of armed conflicts on treaties; the obligation to extradite or prosecute (aut dedere aut judicare ); fragmentation of international law: difficulties arising from the diversification and expansion of international law.

UN COMMISSION ON INTERNATIONAL TRADE LAW (UNCITRAL)

Like the International Law Commission, UNCITRAL is a permanent subsidiary organ of the General Assembly, which elects its members, observing the principle of balance among the geographical regions and the main economic and legal systems of the world.

In contrast to the International Law Commission, whose members serve in their individual capacities, the UN Commission on International Trade Law (UNCITRAL) is composed of the representatives of 60 (originally 29) states. Members serve six-year terms and are eligible for reelection. States not members of UNCITRAL, representatives of United Nations organs (the IMF and the World Bank), and some other international organizations (for example, the Inter-American Development Bank and the former Organization of African Unity, now African Union) may attend its sessions as observers.

The commission holds one regular session a year. As of 14 June 2004, the members of UNCITRAL (and the years their memberships expire) were: Algeria (2010), Argentina (2007), Australia (2010), Austria (2010), Belarus (2010), Belgium (2007), Benin (2007), Brazil (2007), Cameroon (2007), Canada (2007), Chile (2007), China (2007), Colombia (2010), Croatia (2007), Czech Republic (2010), Ecuador (2010), Fiji (2010), France (2007), Gabon (2010), Germany (2007), Guatemala (2010), India (2010), Iran (Islamic Republic of) (2010), Israel (2010), Italy (2004), Japan (2007), Jordan (2007), Kenya (2010), Lebanon (2010), Lithuania (2007), Madagascar (2010), Mexico (2007), Mongolia (2010), Morocco (2007), Nigeria (2010), Pakistan (2010), Paraguay (2010), Poland (2010), Qatar (2007), Republic of Korea (2007), Russian Federation (2007), Rwanda (2007), Sierra Leone (2007), Singapore (2007), South Africa (2007), Spain (2010), Sri Lanka (2007), Sweden (2007), Switzerland (2010), Thailand (2010), The former Yugoslav Republic of Macedonia (2007), Tunisia (2007), Turkey (2007), Uganda (2010), United Kingdom of Great Britain and Northern Ireland (2007), United States of America (2010), Uruguay (2007), Venezuela (2010), and Zimbabwe (2010).

Between sessions, working groups designated by the commission meet on specific topics such as electronic commerce, international contract practices, arbitration, and insolvency law.

Functions

A clear understanding of the respective rights and obligations of buyers, sellers, and other commercial parties facilitates the flow of trade from one country to another. When the laws of countries in this field are at variance, impediments may arise. In establishing UNCITRAL, the UN recognized that there was a need for it to play a more active role in removing or reducing legal obstacles to international trade.

UNCITRAL is charged with the task of seeking to resolve differences in national laws by providing texts that may become the basis of international conventions or other agreements. The 1966 General Assembly resolution establishing UNCITRAL invests it with seven specific functions in the furtherance of "progressive harmonization and unification of the law of international trade": coordinating the work of international organizations active in this field; promoting wider participation in existing international conventions, preparing new international conventions; promoting the means of ensuring the uniform interpretation and application of international conventions, collecting and disseminating information on national legislation and legal development in the field of international law; maintaining a close collaboration with UNCTAD; and maintaining liaison with other concerned UN organs and specialized agencies.

The Work of UNCITRAL

The commission draws up its own program of work, subject to the approval of the General Assembly. It selects topics that are both intrinsically capable of unification and ripe for final settlement by virtue of a sufficiently close convergence in their treatment among bodies of national law. Three topics have been given priority: the international sale of goods, international payments, and commercial arbitration.

The first treaty elaborated under the auspices of UNCITRAL was the Convention on the Limitation Period on the International Sale of Goods, adopted in 1974 and called the "Limitation Convention." The convention fixes at four years the period of time in which parties to a contract for the international sale of goods may sue under the contract, and it regulates various matters in regard to the commencement, prolongation, and termination of that period.

Other treaties elaborated by UNCITRAL include the UN Convention on the Carriage of Goods by Sea, adopted at Hamburg, Germany, in 1978 (the "Hamburg Rules"), which entered into force in 1992; the UN Convention on Contracts for the International Sale of Goods, adopted in 1980 (the "United Nations Sales Convention"); the 1988 Convention on International Bills of Exchange and International Promissory Notes (the "UNCITRAL Bills and Notes Convention"); the 1991 United Nations Convention on the Liability of Operators of Transport Terminals in International Trade (the "United Nations Terminal Operators Convention"); and the 1995 United Nations Convention on Independent Guarantees and Stand-by Letters of Credit.

A growing area of work for UNCITRAL in the 1990s was model laws, which become the basis or guidelines for national legislation. Model laws have been issued on international credit transfers (in 1992); procurement of goods, construction, and services (1994); electronic commerce (1996); and cross-border insolvency (1997).

UNCITRAL also conducts a substantial training and technical assistance program, designed to disseminate information concerning UNCITRAL legal texts to government officials, legislators, practicing lawyers, judges, traders, and academics.