Speakers Commend Adoptions of Model Laws, Model Clauses, Statute for New Centre, as Sixth Committee Takes Up International Trade Law Commission’s Report
Taking up the report of the United Nations Commission on International Trade Law (UNCITRAL) today, speakers in the Sixth Committee (Legal) welcomed the Commission’s efforts to develop, harmonize and modernize international trade law and to build States’ capacity to participate in an increasingly digitized global system of commerce comprised of increasingly interdependent national economies.
“This collective effort reflects our strong unity and determination to advance our shared goals in building a more equitable and efficient legal framework for global commerce,” said Vilawan Mangklatanakul (Thailand), Chair of UNCITRAL’s fifty-seventh session, as she reported on that body’s recent work (document A/79/17). The Commission, the core legal UN body in the field of international trade law, finalized four legislative texts in 2024.
The first — the Model Law on Warehouse Receipts — aims to facilitate commercial transactions that involve stored goods, she said. “By assisting States to develop well-designed warehouse-receipts laws, the Model Law will facilitate access to credit, enhance legal certainty for lenders and thereby contribute to reducing financing costs for borrowers,” she noted. Meanwhile, the second — Model Clauses on Specialized Express Dispute Resolution — offers fast, specialized procedures for parties in complex, long-term commercial relationships that need quick dispute resolution to avoid project delays and financial losses.
Turning to the third text adopted — the Model Law on Automated Contracting — she said that this “builds on and reaffirms the continued relevance of existing UNCITRAL texts on electronic transactions”. In so doing, it deals with matters such as the legal recognition of contracts formed and performed using automated systems, the attribution of actions carried out by such systems and the legal consequences of unexpected actions. Finally, the fourth text, adopted in principle, was the Statute of the Advisory Centre on International Investment Dispute Resolution.
Noting that the Statute “marks a significant milestone” in efforts to reform investor-State dispute settlement, she emphasized that the Centre will “play a crucial role in levelling the playing field” — particularly for developing and least developed countries — by providing legal assistance and support. In addition to providing an overview of the Commission’s future work, she spotlighted UNCITRAL’s non-legislative activities aimed at raising awareness and promoting effective understanding of UNCITRAL texts, as well as building capacity to support their effective use and uniform interpretation.
To allow UNCITRAL’s Vienna-based Secretariat and its Regional Centre for Asia and the Pacific to continue these activities, she urged voluntary contributions to the trust fund for UNCITRAL symposiums, given the increased demand for these activities. And, to build capacity in developing countries to “implement sound reforms in the field of international trade law”, she urged voluntary contributions to the Trust Fund established to provide travel assistance to developing countries. Concluding, she said that, once again, UNCITRAL’s Secretariat has discharged its duties “professionally and efficiently despite the challenges caused by the liquidity crisis”.
As the floor opened, many delegations voiced unreserved support for UNCITRAL’s work. Finland’s representative — also speaking for Denmark, Iceland, Norway and Sweden — said that the four finalized texts “are sound proof of the Organization’s ability to deliver”. She also expressed support for UNCITRAL’s vital role in “furthering rules-based cooperation in an economically interdependent world”.
“The world is now more economically interdependent than ever before,” stated Zambia’s representative, emphasizing that the Commission’s mandate to “facilitate seamless cross-border trade through the progressive harmonization and modernization of international trade law remains pertinent and critical”. Further, he pointed out that UNCITRAL also contributes to building strong relations among nations – “thereby contributing to world peace and social cohesion among States”. “Peace and security,” he added, “cannot be delinked from the aims to achieve a more prosperous and sustainable world economy.”
Thailand’s representative, detailing the benefits of the four finalized texts, said that those pertaining to specialized express dispute resolution will “significantly reduce time and expenses associated with commercial disputes and, in turn, further promote global trade and investment”. Meanwhile, the draft provisions on automated contracting not only chart the way forward, but also assist economies in preparing for a digitized world. Also welcoming the draft Statute of the Advisory Centre on International Investment Dispute Resolution, he expressed hope that Bangkok will be entrusted to host the Centre.
Other delegations expressed a similar desire, such as Armenia’s representative, who offered Yerevan as a host city and said that her country stands ready to provide relevant privileges and immunities. The Centre would assist small and developing States through capacity-building initiatives and foster their ability to effectively engage in international arbitration. The representative of France, emphasizing that investor-State-dispute-settlement reform is a major focus for both his country and the European Union, also expressed interest in hosting either the Centre or a regional office thereof.
The representative of Paraguay, offering to host the Centre, pointed to the “imperious need” to provide training, support and assistance in this domain. On regional offices, he said these would help facilitate access to such services around the world and thereby strengthen developing countries’ ability to resolve these disputes in a fair, effective way. Reforming this system, added Panama’s representative, will not only ensure a more-efficient procedure in general – it will also “address the lack of consistency, coherence and predictability in arbitration decisions that we sometimes see at the moment”. He added his agreement that regional offices should be established – particularly in Asia, Africa and Latin America, “which are the places where most of the Centre’s users will be”.
Argentina’s representative said that progress made on this topic is particularly relevant for countries like his “because we have a vast degree of experience in investor-State dispute settlement”. Welcoming the Commission’s adoption in principle of provisions relating to the Advisory Centre, he also underlined the importance of contributions to UNCITRAL’s trust funds for symposiums and travel assistance. “Only with inclusive participation can the necessary agreement be reached,” he stressed, adding that such agreement should reflect the consensus of the international community “and not just a small group of States”.
Meanwhile, the representative of Singapore, welcoming UNCITRAL’s work to expand technical cooperation and assistance, observed: “The fruit of the Commission’s work is realized when the legal texts are implemented, and not merely finalized.” She added that Singapore continues to contribute to raising awareness of UNCITRAL’s work, spotlighting a capacity-building workshop that featured in-depth discussions on the Singapore Convention on Mediation. Noting its recent accession to that Convention, Japan’s representative encouraged others to do the same and underlined the “plausible correlation between the number of contracting parties and the extent to which mediation will be used globally as an effective means for settling international commercial disputes”.
For his part, the representative of Belarus said that eliminating legal obstacles to international trade and gradually unifying international trade law ensures that all sides can reap the benefits of commerce. Urging UNCITRAL’s Secretariat to disseminate and increase awareness of the Commission’s instruments and provide technical assistance in their application, he added: “The successful functioning of UNCITRAL and its international legal standards significantly depends on having a de-politicized Commission.”
Agreeing that the development and harmonization of international trade law can be a driving force for economic growth, Austria’s representative noted that his country has made another voluntary contribution to the Trust Fund for travel assistance. All UNCITRAL members should be able to participate on equal footing in the Commission’s deliberations and decision-making, he declared. Noting his country’s honour of being an UNCITRAL member and hosting its Secretariat in Vienna, he added: “We will continue to support the progressive harmonization and unification of international trade law”.
The Sixth Committee also began its consideration of criminal accountability of UN officials and experts on mission today, as many speakers underlined the need for a “zero-tolerance” policy when addressing cases of sexual exploitation and abuse committed by peacekeeping personnel. Speakers also discussed which State should exercise prosecutorial jurisdiction when such a crime occurs.
Iran’s representative, speaking for the Non-Aligned Movement, encouraged Member States to exercise their jurisdiction in applicable cases to ensure that such acts do not go unpunished. “It is crucial that the State of nationality acts in a timely manner to investigate and prosecute the alleged crimes,” he said, also calling on the UN to continue providing relevant information and material to States exercising jurisdiction.
The representative of Uganda, speaking for the African Group, while noting that “a preference is often expressed by some Member States for a larger role to be played by the host State”, said he agreed that the responsibility for ensuring criminal accountability for UN officials or experts on mission lies with the State of nationality. Concurring, the representative of the European Union, in its capacity as observer, said: “Should there be instances of alleged misconduct or crimes, the primary responsibility for their investigation and prosecution lies with the State of nationality of the individual concerned.” He added: “Nobody is above the law, and we will continue to work towards ending impunity.”
At the outset of the meeting, the Sixth Committee concluded its debate on crimes against humanity. The representative of the United Republic of Tanzania said that a future convention in this area should complement Member States’ domestic jurisdiction, pointing out that such a convention “would present a mechanism through which States can strengthen their domestic law, national adjudication and international cooperation.” Also on complementarity, the representative of the International Committee of the Red Cross (ICRC) added: “A dedicated convention on crimes against humanity would complement humanitarian protections during situations of armed conflict.”