UNIDROIT Proceedings and Papers 2002

This collection of documents comprises the Annual Report on the activity of the International Institute for the Unification of Private Law (UNIDROIT), a summary of the conclusions reached by the Governing Council of UNIDROIT at its annual session, the report on the annual session of the General Assembly of UNIDROIT member States, the final texts of instruments prepared under the auspices of UNIDROIT, documents concerning current work on instruments adopted as well as the preparatory work, consisting of the studies and reports of the various working groups and committees of governmental experts, on items on the UNIDROIT Work Programme.


CONTENTS

INSTITUTIONAL DOCUMENTS

Governing Council: 81st session (Rome, 24-25 September 2002)
UNIDROIT 2002 - C.D. (81) 2
ANNUAL REPORT 2001 – Rome, 2002

SUMMARY OF THE CONCLUSIONS REACHED BY THE GOVERNING COUNCIL AT ITS 81ST SESSION

General Assembly, 56th session (Rome, 6 December 2002)
UNIDROIT 2002 - A.G. (56) 10
REPORT (prepared by the UNIDROITSecretariat)

FINAL TEXTS OF INSTRUMENTS PREPARED UNDER THE AUSPICES OF UNIDROIT
Model Franchise Disclosure Law
CURRENT WORK ON INSTRUMENTS ADOPTED
Study LXX – The International Protection of Cultural Property
UNIDROIT 2002 - Study LXX - Doc. 51
UNIDROIT CONVENTION ON STOLEN OR ILLEGALLY EXPORTED CULTURAL OBJECTS adopted in Rome on 24 June 1995 and EXPLANATORY REPORT prepared by the UNIDROIT Secretariat –Rome, January 2002
CURRENT WORK ON ITEMS ON THE UNIDROIT WORK PROGRAMME
Study L – Principles of International Commercial Contracts
UNIDROIT 2002 - Study L - WP.9 bis
Working Group for the preparation of Principles of International Commercial Contracts. REPORT ON THE MEETING OF THE DRAFTING GROUP (Bristol, 7-10 January 2002) – Rome, February 2002

UNIDROIT 2002 - Study L - Doc. 73
Working Group for the preparation of Principles of International Commercial Contracts. CHAPTER [...] LIMITATION PERIODS (Revised draft prepared by Professor P. Schlechtriem in the light of the discussions of the Working Group at its 4th session held in Rome, 4-7 June 2001) – Rome, March 2002

UNIDROIT 2002 - Study L - Doc. 74
Working Group for the preparation of Principles of International Commercial Contracts. CHAPTER [...] ASSIGNMENT OF RIGHTS, TRANSFER OF OBLIGATIONS, ASSIGNMENT OF CONTRACTS (Revised draft prepared by Professor M. Fontaine in the light of the discussions of the Working Group at its 4th session held in Rome, 4-7 June 2001) – Rome, April 2002

UNIDROIT 2002 - Study L - Doc. 75
Working Group for the preparation of Principles of International Commercial Contracts. CHAPTER [...] SET-OFF (Revised draft prepared by Professor C. Jauffret-Spinosi in the light of the discussions of the Working Group at its 4th session held in Rome, 4-7 June 2001) – Rome, April 2002

UNIDROIT 2002 - Study L - Doc. 76
Working Group for the preparation of Principles of International Commercial Contracts. CHAPTER [...] THIRD PARTY RIGHTS (Revised draft prepared by Professor M. Furmston in the light of the discussions of the Working Group at its 4th session held in Rome, 4-7 June 2001) – Rome, April 2002

UNIDROIT 2002 - Study L - Doc. 77
Working Group for the preparation of Principles of International Commercial Contracts. UNIDROIT PRINCIPLES AND ELECTRONIC COMMERCE (Questionnaire prepared by Professors M.J. Bonell and E.A. Farnsworth and replies of Professors A.H. Boss, J. Ginsburg and C. Ramberg) – Rome, May 2002

UNIDROIT 2002 - Study L - Doc. 77rev
Working Group for the preparation of Principles of International Commercial Contracts. UNIDROIT PRINCIPLES AND ELECTRONIC COMMERCE (Questionnaire prepared by Professors M.J. Bonell and E.A. Farnsworth and replies of Professors A.H. Boss, M.A. Eisenberg, J. Ginsburg and C. Ramberg) – Rome, August 2002

UNIDROIT 2002 - Study L - Doc. 78
Working Group for the preparation of Principles of International Commercial Contracts. WAIVER AND RELATED ISSUES (Position paper prepared by Justice P. Finn) – Rome, May 2002

UNIDROIT 2002 - Study L - Misc. 24
Working Group for the Preparation of Principles of International Commercial Contracts. SUMMARY RECORDS OF THE MEETING HELD IN ROME FROM 3 TO 7 JUNE 2002 (Prepared by the Secretariat of UNIDROIT) – Rome, September 2002

UNIDROIT 2002 - Study L - WP.10
Working Group for the preparation of Principles of International Commercial Contracts. Meeting of the Drafting Group in Louvain-la-Neuve, 6-10 January 2003. DRAFT CHAPTERS (BLACK LETTER RULES ONLY) ON AUTHORITY OF AGENTS, THIRD PARTY RIGHTS, ASSIGNMENT OF RIGHTS, TRANSFER OF OBLIGATIONS, ASSIGNMENT OF CONTRACTS, SET-OFF, LIMITATION PERIODS – Rome, November 2002

UNIDROIT 2002 - Study L - WP.11
Working Group for the preparation of Principles of International Commercial Contracts. Meeting of the Drafting Group in Louvain-la-Neuve, 6-10 January 2003. CONSOLIDATED EDITION OF PART I AND PART II OF THE PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS: DECIDED AMENDMENTS & OPEN QUESTIONS (Memorandum prepared by the Secretariat) – Rome, December 2002

UNIDROIT 2002 - Study L - WP.11 addendum
ADDENDUM

UNIDROIT 2002 - Study L - WP.12
Working Group for the preparation of Principles of International Commercial Contracts. Meeting of the Drafting Group in Louvain-la-Neuve, 6-10 January 2003. CONSOLIDATED EDITION OF PART I AND PART II OF THE PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS: DRAFT STRUCTURE (Prepared by the Secretariat) – Rome, November 2002

Study LXV - Programme of Legal Co-operation
UNIDROIT 2002 - Study LXV – Scholarships : Impl. 14
Research Scholarships Programme: IMPLEMENTATION REPORT FOR THE FINANCIAL YEAR 2002 – Rome, November 2002
Study LXVIII – International Franchising
UNIDROIT 2002 - Study LXVIII - Doc. 39
Committee of Governmental Experts for the Preparation of a Model Franchise Disclosure Law, Second session (Rome, 8 - 12 April 2002): COMMENTS submitted by France – Rome, March 2002

UNIDROIT 2002 - Study LXVIII - Doc. 40
Committee of Governmental Experts for the Preparation of a Model Franchise Disclosure Law, Second session (Rome, 8 - 12 April 2002): COMMENTS submitted by the People’s Republic of China – Rome, March 2002

UNIDROIT 2002 - Study LXVIII - Doc. 41
Committee of Governmental Experts for the Preparation of a Model Franchise Disclosure Law, Second session (Rome, 8 - 12 April 2002): COMMENTS submitted by the United States – Rome, March 2002

UNIDROIT 2002 - Study LXVIII - Doc. 42
Committee of Governmental Experts for the Preparation of a Model Franchise Disclosure Law, Second session (Rome, 8 - 12 April 2002): COMMENTS submitted by the World Franchise Council – Rome, March 2002

UNIDROIT 2002 - Study LXVIII - Doc. 43
Committee of Governmental Experts for the Preparation of a Model Franchise Disclosure Law, Second session (Rome, 8 - 12 April 2002): COMMENTS submitted by the European Franchise Federation – Rome, March 2002

UNIDROIT 2002 - Study LXVIII - Doc. 44
Committee of Governmental Experts for the Preparation of a Model Franchise Disclosure Law, Second session (Rome, 8 - 12 April 2002): COMMENTS submitted by Germany – Rome, March 2002

UNIDROIT 2002 - Study LXVIII - Doc. 45
Committee of Governmental Experts for the Preparation of a Model Franchise Disclosure Law, Second session (Rome, 8 - 12 April 2002): COMMENTS submitted by Italy – Rome, April 2002

UNIDROIT 2002 - Study LXVIII - Doc. 46
Committee of Governmental Experts for the Preparation of a Model Franchise Disclosure Law, Second session (Rome, 8 - 12 April 2002): COMMENTS submitted by the Republic of the Philippines – Rome, April 2002

UNIDROIT 2002 - Study LXVIII - Doc. 47
Committee of Governmental Experts for the Preparation of a Model Franchise Disclosure Law, Second session (Rome, 8 - 12 April 2002): REPORT (prepared by the Secretariat) – Rome, June 2002

UNIDROIT 2002 - Study LXVIII - Doc. 48
Committee of Governmental Experts for the Preparation of a Model Franchise Disclosure Law. DRAFT ARTICLES FOR A MODEL FRANCHISE DISCLOSURE LAW with DRAFT EXPLANATORY REPORT as revised by the Committee of Governmental Experts at its Second Session, held in Rome from 8 to 12 April 2002 – Rome, June 2002

Preparatory work on “Franchising” concluded with the UNIDROIT Model Franchise Disclosure Law
.

Study LXXII H – International Interests in Railway Rolling Stock
UNIDROIT 2002 - Study LXXII H - Doc. 6
Committee of Governmental Experts for the preparation of a Draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Railway Rolling Stock. DRAFT PROTOCOL ON MATTERS SPECIFIC TO RAILWAY ROLLING STOCK (as reviewed by the Drafting Group at its first session, held in Rome, 4 to 6 February 2002) – Berne/Rome, March 2002

UNIDROIT 2002 - Study LXXII H - Doc. 7
Committee of Governmental Experts for the preparation of a Draft Protocol to the Draft Convention on International Interests in Mobile Equipment on Matters Specific to Railway Rolling Stock – Second Joint Session, Rome, 17-19 June 2002: REPORT (prepared by the Secretariats of UNIDROIT and OTIF) – Berne/Rome, August 2002

UNIDROIT 2002 - Study LXXII H - Doc. 8
Committee of Governmental Experts for the preparation of a Draft Protocol to the Draft Convention on International Interests in Mobile Equipment on Matters Specific to Railway Rolling Stock. PRELIMINARY DRAFT PROTOCOL ON MATTERS SPECIFIC TO RAILWAY ROLLING STOCK (as reviewed by the Drafting Committee at its second session, held in Rome, 23 to 25 October 2002) – Berne/Rome, November 2002

Study LXXII J – International Interests in Space Property
UNIDROIT 2002 - Study LXXII J - Doc. 7
Convention on International Interests in Mobile Equipment (opened to signature in Cape Town on 16 November 2001): PRELIMINARY DRAFT PROTOCOL ON MATTERS SPECIFIC TO SPACE ASSETS (as established by a working group, organised, at the invitation of the President, by Peter D. Nesgos, Esq., with the assistance of Dara A. Panahy, Esq., at the conclusion of its third session, held in Seal Beach, California on 23 and 24 April 2001 and as amended pursuant to the discussions at its fourth session, held in Evry Courcouronnes on 3 and 4 September 2001 and to the deliberations of the Diplomatic Conference to Adopt a Mobile Equipment Convention and an Aircraft Protocol, held in Cape Town from 29 October to 16 November 2001) – Rome, January 2002

UNIDROIT 2002 - Study LXXII J - Doc. 9
Convention on International Interests in Mobile Equipment (opened to signature in Cape Town on 16 November 2001): PRELIMINARY DRAFT PROTOCOL ON MATTERS SPECIFIC TO SPACE ASSETS (as established by a working group, organised, at the invitation of the President, by Peter D. Nesgos, Esq., with the assistance of Dara A. Panahy, Esq., at the conclusion of its third session, held in Seal Beach, California on 23 and 24 April 2001 and as amended pursuant to the discussions at its fourth session, held in Evry Courcouronnes on 3 and 4 September 2001 and to the deliberations of the Diplomatic Conference to Adopt a Mobile Equipment Convention and an Aircraft Protocol, held in Cape Town from 29 October to 16 November 2001 and as further amended pursuant to the discussions at its fifth session, held in Rome on 30 and 31 January 2002) – Rome, January 2002

UNIDROIT 2002 - Study LXXII J - Doc. 10
Convention on International Interests in Mobile Equipment (opened to signature in Cape Town on 16 November 2001): PRELIMINARY DRAFT PROTOCOL ON MATTERS SPECIFIC TO SPACE ASSETS (as established by a working group organised, at the invitation of the President of UNIDROIT, by Peter D. Nesgos, Esq., with the assistance of Dara A. Panahy, Esq., and revised, pursuant to a decision taken by the UNIDROIT Governing Council at its 80th session, held in Rome from 17 to 19 September 2001, by a Steering and Revisions Committee, meeting in Rome on 1 February 2002) – Rome, February 2002

UNIDROIT 2002 - Study LXXII J - Doc. 11
Space Working Group (Rome, 30/31 January 2002): REPORT (prepared by the UNIDROIT Secretariat) – Rome, February 2002

UNIDROIT 2002 - Study LXXII J - Doc. 12
Steering and Revisions Committee for the Consideration of the Preliminary Draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (Rome, 1 February 2002): REPORT (prepared by the UNIDROIT Secretariat) – Rome, March 2002

Study LXXVI – Principles and Rules of Transnational Civil Procedure
UNIDROIT 2002 - Study LXXVI - Doc. 6
Joint American Law Institute / UNIDROIT Working Group on Principles and Rules of Transnational Civil Procedure. REPORT ON THE SECOND SESSION, ROME, 2 TO 6 JULY 2001 (prepared by Professor Antonio Gidi, Secretary to the Working Group) – Rome, October 2001

UNIDROIT 2002 - Study LXXVI - Doc. 7
Joint American Law Institute / UNIDROIT Working Group on Principles and Rules of Transnational Civil Procedure. DRAFT PRINCIPLES AND RULES prepared by Professors G. Hazard Jr., R. Stόrner, M Taruffo and A. Gidi – Rome, May 2002

UNIDROIT 2002 - Study LXXVI - Doc. 8
Joint American Law Institute / UNIDROIT Working Group on Principles and Rules of Transnational Civil Procedure. REPORT ON THE THIRD SESSION, ROME, 27 TO 31 MAY 2002 (prepared by Professor Antonio Gidi, Secretary to the Working Group) – Rome, September 2002

UNIDROIT 2002 - Study LXXVI - Doc. 9
Joint American Law Institute / UNIDROIT Working Group on Principles and Rules of Transnational Civil Procedure. DRAFT PRINCIPLES OF TRANSNATIONAL CIVIL PROCEDURE (with COMMENTARY) Professors G. Hazard Jr., R. Stόrner, M Taruffo and A. Gidi – Rome, November 2002

Study LXXVIII – Transactions on Transnational and Connected Capital Markets - Intermediated Securities
UNIDROIT 2002 - Study LXXVIII - Doc. 1
Transactions on Transnational and Connected Capital Markets. SCOPE OF THE PROJECT: “HARMONISED SUBSTANTIVE RULES FOR THE USE OF SECURITIES HELD WITH INTERMEDIARIES AS COLLATERAL” – Rome, June 2002

UNIDROIT 2002 - Study LXXVIII - Doc. 2 (never issued)

UNIDROIT 2002 - Study LXXVIII - Doc. 3 (limited distribution)

UNIDROIT 2002 - Study LXXVIII - Doc. 4 (limited distribution)

UNIDROIT 2002 - Study LXXVIII - Doc. 5
Study Group for the Preparation of Harmonised Substantive Rules on Transactions on Transnational and Connected Capital Markets. Restricted Study Group on Item 1 of the Project: Harmonised Substantive Rules for the Use of Securities Held with Intermediaries as Collateral (First session, Rome 9 – 13 September 2002) – SUMMARY REPORT (prepared by the UNIDROIT Secretariat) – Rome, October 2002

CURRENT WORK ON UNIDROIT'S DEPOSITORY FUNCTIONS
Convention on International Interests in Mobile Equipment (Cape Town, 2001)
Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (Cape Town, 2001)
UNIDROIT 2002 DC9/DEP – Doc. 1
The system of declarations under the Convention on International Interests in Mobile Equipment and the Protocol thereto on Matters Specific to Aircraft Equipment: An explanatory memorandum for the assistance of States and regional economic integration Organisations in the completing of declarations (prepared by the Secretariat of UNIDROIT, as Depositary)

UNIDROIT 2002 DC9/DEP – Doc. 2
Note concerning the status of the Cape Town Convention on International Interests in Mobile Equipment and the Protocol Thereto on Matters Specific to Aircraft Equipment and the conditions for the entry into force thereof (prepared by the Secretariat of UNIDROIT, as Depositary)

UNIDROIT 2002 DC9/DEP – Doc. 3
Note concerning the advantages that States may expect to derive from becoming parties to the Cape Town Convention on International Interests in Mobile Equipment and the Protocol Thereto on Matters Specific to Aircraft Equipment (prepared by the Secretariat of UNIDROIT, as Depositary)

UNIDROIT 2002 DC9/DEP – Doc. 4
Summary of the Cape Town Convention on International Interests in Mobile Equipment and the Protocol Thereto on Matters Specific to Aircraft Equipment (prepared by the Secretariat of UNIDROIT, as Depositary)


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