The Role of the UNIDROIT in the Unification of International Commercial Law with a specific focus on the Principles of International Commercial Contracts
pages 341 - 366
ABSTRACT:

The UNIDROIT Institute has played a prominent and indispensable role amongst international inter-governmental organizations in the field of the unification of private law. It has thus been a perfect example of the creation of private law beyond national states.

This paper has two parts. The first part focuses upon the analysis of the UNIDROIT institutional structure, its powers as an international organization and the law-making process leading to the adoption of a unifying instrument. Afterwards, it identifies two kinds of these instruments, referred to as legally binding and non-binding. Whilst binding instruments are international conventions, those which are non-binding may have a form of model law, principles or guidelines. It is then emphasised that non-binding instruments have gained more success than binding ones.

The second part of the paper offers an insight into the legal nature, purpose and main ideological tenets of the UNIDROIT Principles for International Commercial Contracts as the most successful non –binding instrument of the unification. The Paper concludes with the statement that there are two main goals of unification: efficiency and humanity.

keywords
Comparative law
Contract
Efficiency
Harmonization
Humanity
International commerce
International organizations
International convention
Non-state law
the UNIDROIT
Unification
about the authors

Zdeněk Nový is a senior lecturer in international law at Faculty of Law, Masaryk University, Brno, Czech Republic. He also acts as a legal counsel in international business and economic law and arbitration in Brno, Czech Republic. He holds master of law and Ph.D. in private international law from Faculty of Law, Masaryk University, Brno, Czech Republic and LL.M. from European University Institute, Florence, Italy; He also obtained the Scholarship for the Summer Session in Private International law by The Hague Academy of International Law, The Hague, Netherlands. He enjoyed a status of Independent Researcher at the UNIDROIT, Rome, Italy. He is Fellow of the European Law Institute, Vienna, Austria.

e-mail: zdenek.novy@law.muni.cz