UNIDROIT Proceedings and Papers 2003

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: 82nd session (Rome, 26-28 May 2003)
UNIDROIT 2003 - C.D. (82) 2
ANNUAL REPORT 2002 – Rome, 2003

UNIDROIT 2003 - C.D. (82) 21 [not public]
REPORT ON THE SESSION (prepared by the Secretariat)

SUMMARY OF THE CONCLUSIONS REACHED BY THE GOVERNING COUNCIL AT ITS 82ND SESSION

General Assembly, 57th session (Rome, 28 November 2003)
UNIDROIT 2003 - A.G. (57) 10
REPORT (prepared by the UNIDROITSecretariat)

CURRENT WORK ON ITEMS ON THE UNIDROIT WORK PROGRAMME
Study L – Principles of International Commercial Contracts
UNIDROIT 2003 - Study L - WP. 13
Working Group for the preparation of Principles of International Commercial Contracts. Meeting of the Drafting Group in Louvain-la-Neuve, 7-10 January 2003. CONCLUSIONS (Prepared by the Secretariat) – Rome, February 2003

UNIDROIT 2003 - Study L - Doc. 79
Working Group for the preparation of Principles of International Commercial Contracts. CHAPTER [...] AUTHORITY OF AGENTS (Revised draft prepared by Professor M.J. Bonell) – Rome, April 2003

UNIDROIT 2003 - Study L - Doc. 80
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 5th session held in Rome, 3-7 June 2002) – Rome, April 2003

UNIDROIT 2003 - Study L - Doc. 81
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 5th session held in Rome, 3-7 June 2002) – Rome, April 2003

UNIDROIT 2003 - Study L - Doc. 82
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 5th session held in Rome, 3-7 June 2002) – Rome, April 2003

UNIDROIT 2003 - Study L - Doc. 83
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 5th session held in Rome, 3-7 June 2002) – Rome, April 2003

UNIDROIT 2003 - Study L - Doc. 84
Working Group for the preparation of Principles of International Commercial Contracts. ARTICLE X: INCONSISTENT BEHAVIOUR (Draft Article with Comments prepared by Justice P. Finn) – Rome, April 2003

UNIDROIT 2003 - Study L - Doc. 85
Working Group for the preparation of Principles of International Commercial Contracts. 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, April 2003

UNIDROIT 2003 - Study L - Doc. 86
Working Group for the preparation of Principles of International Commercial Contracts. CONSOLIDATED EDITION OF PART I AND PART II OF THE PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS: DRAFT STRUCTURE (Prepared by the Secretariat) – Rome, April 2003

UNIDROIT 2003 - Study L - Doc. 87
Working Group for the preparation of Principles of International Commercial Contracts. ARTICLE X: DISCHARGE (RENUNCIATION) (Draft Article with Comments prepared by Professor A. Hartkamp) – Rome, May 2003

UNIDROIT 2003 - Study L - Doc. 88
Working Group for the preparation of Principles of International Commercial Contracts. DRAFT PROVISION ON ABUSE OF RIGHTS (Draft Provision and Comments prepared by Professor P.-A. Crιpeau) – Rome, May 2003

UNIDROIT 2003 - Study L - Doc. 89
Working Group for the preparation of Principles of International Commercial Contracts. ARTICLE 5.9: RENUNCIATION (Draft Article with Comments prepared by Professor A. Hartkamp) – Rome, June 2003

UNIDROIT 2003 [unnumbered document]
Working Group for the preparation of Principles of International Commercial Contracts. Sixth Session (Rome, 2 - 6 June 2003). DECISIONS TAKEN AT THE SIXTH SESSION AND REVISED TEXT OF THE PRINCIPLES – Rome, June 2003

UNIDROIT 2003 - Study L - Doc. 90
Working Group for the preparation of Principles of International Commercial Contracts. CHAPTER 2, SECTION 2: AUTHORITY OF AGENTS (Revised draft prepared by Professor M.J. Bonell in the light of the discussions of the Working Group at its 6th session held in Rome, 2-6 June 2003) – Rome, July 2003

UNIDROIT 2003 - Study L - Doc. 91
Working Group for the preparation of Principles of International Commercial Contracts. CHAPTER 10: LIMITATION PERIODS (Revised draft prepared by Professor P. Schlechtriem in the light of the discussions of the Working Group at its 6th session held in Rome, 2-6 June 2003) – Rome, June 2003

UNIDROIT 2003 - Study L - Doc. 92
Working Group for the preparation of Principles of International Commercial Contracts. CHAPTER 9: 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 6th session held in Rome, 2-6 June 2003) – Rome, June 2003

UNIDROIT 2003 - Study L - Doc. 93
Working Group for the preparation of Principles of International Commercial Contracts. CHAPTER 8: SET-OFF (Revised draft prepared by Professor C. Jauffret-Spinosi in the light of the discussions of the Working Group at its 6th session held in Rome, 2-6 June 2003) – Rome, September 2003

UNIDROIT 2003 - Study L - Doc. 94
Working Group for the preparation of Principles of International Commercial Contracts. CHAPTER 5, SECTION 2: THIRD PARTY RIGHTS (Revised draft prepared by Professor M. Furmston in the light of the discussions of the Working Group at its 6th session held in Rome, 2-6 June 2003) – Rome, July 2003

UNIDROIT 2003 - Study L - Doc. 95
Working Group for the preparation of Principles of International Commercial Contracts. ARTICLE 1.8: INCONSISTENT BEHAVIOUR (Revised draft prepared by Justice P. Finn in the light of the discussions of the Working Group at its 6th session held in Rome, 2-6 June 2003) – Rome, June 2003

UNIDROIT 2003 - Study L - Doc. 96
Working Group for the preparation of Principles of International Commercial Contracts. ARTICLE 5.1.9: RELEASE BY AGREEMENT (Revised draft prepared by Professor A. Hartkamp in the light of the discussions of the Working Group at its 6th session held in Rome, 2-6 June 2003) – Rome, June 2003

UNIDROIT 2003 - Study L - Doc. 97
Working Group for the Preparation of Principles of International Commercial Contracts. UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS 2004 EDITION (BLACK LETTER RULES) (Draft consolidated version prepared by the Secretariat in the light of the decisions taken by the Working Group at its 6th session held in Rome, 2-6 June 2003) – Rome, September 2003

UNIDROIT 2003 - Study L - Misc. 25
Working Group for the Preparation of Principles of International Commercial Contracts, Sixth Session, Rome, 2 - 6 June 2003: REPORT (Prepared by the Secretariat) – Rome, September 2003

Study LXV - Programme of Legal Co-operation
UNIDROIT 2003 - Study LXV – Scholarships : Impl. 15
Research Scholarships Programme: IMPLEMENTATION REPORT FOR THE FINANCIAL YEAR 2003 – Rome, December 2003
Study LXXII H – International Interests in Railway Rolling Stock
UNIDROIT 2003 - Study LXXII H - Doc. 9
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. PROPOSED CHANGES TO THE PRELIMINARY DRAFT PROTOCOL ON MATTERS SPECIFIC TO RAILWAY ROLLING STOCK (as reviewed by the Drafting Group at its second session, held in Rome, 23rd to 25th October 2002) (Presented by the Rail Working Group (RWG)) – Zug, March 2003

UNIDROIT 2003 - Study LXXII H - Doc. 10
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. RAIL REGISTRY TASK FORCE (Second meeting, Washington 19-20 March 2003) REPORT (prepared by Mr Peter Bloch, Co-Chairman) – Bern/Rome, April 2003

UNIDROIT 2003 - Study LXXII H - Doc. 11
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. PRELIMINARY DRAFT PROTOCOL ON MATTERS SPECIFIC TO RAILWAY ROLLING STOCK – OBSERVATIONS (presented by the Austrian Federal Ministry of Justice) – Bern/Rome, April 2003

UNIDROIT 2003 - Study LXXII H - Doc. 12
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. PRELIMINARY DRAFT PROTOCOL ON MATTERS SPECIFIC TO RAILWAY ROLLING STOCK – COMMENTS (presented by the Government of Chile) – Bern/Rome, May 2003

UNIDROIT 2003 - Study LXXII H - Doc. 13
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. Third Joint Session (Bern, 5-13 May 2003). REPORT (prepared by the Secretariats of OTIF and UNIDROIT) – Bern/Rome, June 2003

UNIDROIT 2003 - Study LXXII H - Doc. 14
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. PRELIMINARY DRAFT PROTOCOL ON MATTERS SPECIFIC TO RAILWAY ROLLING STOCK (as adopted by the Committee of governmental experts at its third session held in Bern from 5 to 13 May 2003) – Bern/Rome, June 2003

Study LXXII J – International Interests in Space Property
UNIDROIT Committee of governmental experts for the preparation of a draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (First session, Rome, 15 – 19 December 2003)

UNIDROIT C.G.E. Space Pr./1/W.P. 1
Committee of Governmental Experts for the Preparation of a draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (First session, Rome, 15 – 19 December 2003): DRAFT AGENDA – Rome, July 2003

UNIDROIT C.G.E. Space Pr./1/W.P.2
CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT, signed at Cape Town on 16 November 2001 – Cape Town, 16 November 2001

UNIDROIT C.G.E. Space Pr./1/W.P.3
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, May 2003

UNIDROIT C.G.E. Space Pr./1/W.P.4
EXTRACT from the Official Commentary on the Convention on International Interests in Mobile Equipment and Protocol thereto on Matters specific to Aircraft Equipment by Professor Sir Roy Goode, C.B.E., Q.C., Emeritus Professor of Law, University of Oxford – Rome, June 2003

UNIDROIT C.G.E. Space Pr./1/W.P.5
THE PRELIMINARY DRAFT PROTOCOL ON MATTERS SPECIFIC TO SPACE ASSETS: AN OVERVIEW OF ITS OVERALL OBJECTIVES AND KEY PROVISIONS (Dara A. Panahy, Associate, Milbank, Tweed, Hadley & McCloy LLP, Washington, D.C., assistant to Mr Peter D. Nesgos, Partner, Milbank, Tweed, Hadley & McCloy LLP, New York, co-ordinator of the Space Working Group) – Rome, July 2003

UNIDROIT C.G.E. Space Pr./1/W.P.6
BASIC FEATURES OF THE PROPOSED INTERNATIONAL REGISTRY CONTEMPLATED BY THE CAPE TOWN CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT AS IMPLEMENTED BY THE PRELIMINARY DRAFT PROTOCOL ON MATTERS SPECIFIC TO SPACE ASSETS (prepared by the UNIDROIT Secretariat) – Rome, June 2003

UNIDROIT C.G.E. Space Pr./1/W.P.7
THE PRELIMINARY DRAFT SPACE ASSETS PROTOCOL TO THE CAPE TOWN CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT: AN OPPORTUNITY FOR GOVERNMENT AND INDUSTRY TO COMPARE NOTES IN THE RUN-UP TO THE INTERGOVERNMENTAL CONSULTATION PROCESS (A colloquium organised by UNIDROIT, in co-operation with the European Centre for Space Law (E.C.S.L.), at the Head Office of the European Space Agency (E.S.A.), Paris, 5 September 2003: SUMMARY REPORT (prepared by the Secretariat) – Rome, October 2003

UNIDROIT C.G.E. Space Pr./1/W.P.8
UNIDROIT Committee of Governmental Experts for the Preparation of a draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (First session, Rome, 15 – 19 December 2003): PROPOSAL (by the Space Working Group)

UNIDROIT C.G.E. Space Pr./1/W.P.9
UNIDROIT Committee of Governmental Experts for the Preparation of a draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (First session, Rome, 15 – 19 December 2003): DRAFT REPORT (Plenary Session, 15 December 2003)

UNIDROIT C.G.E. Space Pr./1/W.P.10
UNIDROIT Committee of Governmental Experts for the Preparation of a draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (First session, Rome, 15 – 19 December 2003): DRAFT REPORT (Plenary Session, 16 December 2003)

UNIDROIT C.G.E. Space Pr./1/W.P.11
UNIDROIT Committee of Governmental Experts for the Preparation of a draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (First session, Rome, 15 – 19 December 2003): POPOSAL (by the Space Working Group)

UNIDROIT C.G.E. Space Pr./1/W.P.12
UNIDROIT Committee of Governmental Experts for the Preparation of a draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (First session, Rome, 15 – 19 December 2003): COMMENTS (by the Delegation of India)

UNIDROIT C.G.E. Space Pr./1/W.P.13
UNIDROIT Committee of Governmental Experts for the Preparation of a draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (First session, Rome, 15 – 19 December 2003): PROPOSAL FOR THE APPLICATION OF THE CONVENTION AND THE SPACE ASSETS PROTOCOL TO DEBTOR’S RIGHTS AND RELATED RIGHTS (by the Space Working Group)

UNIDROIT C.G.E. Space Pr./1/W.P.14
UNIDROIT Committee of Governmental Experts for the Preparation of a draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (First session, Rome, 15 – 19 December 2003): DRAFT REPORT) (Plenary Session, 17 December 2003)

UNIDROIT C.G.E. Space Pr./1/W.P.15
UNIDROIT Committee of Governmental Experts for the Preparation of a draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (First session, Rome, 15 – 19 December 2003): PROPOSAL (by the Informal Working Group on Article XVII(4))

UNIDROIT C.G.E. Space Pr./1/W.P.16
UNIDROIT Committee of Governmental Experts for the Preparation of a draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (First session, Rome, 15 – 19 December 2003): PROPOSAL (by the Space Working Group at the request of the Chairman of the Committee)

UNIDROIT C.G.E. Space Pr./1/W.P.17
UNIDROIT Committee of Governmental Experts for the Preparation of a draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (First session, Rome, 15 – 19 December 2003): PROPOSAL (by the delegations of Argentina, France, Germany and Sweden) concerning the public service problem

UNIDROIT C.G.E. Space Pr./1/W.P.18
UNIDROIT Committee of Governmental Experts for the Preparation of a draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (First session, Rome, 15 – 19 December 2003): PROPOSAL (by the delegation of Mexico) concerning public services

UNIDROIT C.G.E. Space Pr./1/W.P.19
UNIDROIT Committee of Governmental Experts for the Preparation of a draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (First session, Rome, 15 – 19 December 2003): DRAFT REPORT (Plenary Session, 18 December 2003)

UNIDROIT C.G.E. Space Pr./1/W.P.20
UNIDROIT Committee of Governmental Experts for the Preparation of a draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (First session, Rome, 15 – 19 December 2003): PROPOSAL (by the delegation of India)

UNIDROIT C.G.E. Space Pr./1/W.P.21
UNIDROIT Committee of Governmental Experts for the Preparation of a draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (First session, Rome, 15 – 19 December 2003). Drafting Committee: REPORT

UNIDROIT C.G.E. Space Pr./1/W.P.22
UNIDROIT Committee of Governmental Experts for the Preparation of a draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (First session, Rome, 15 – 19 December 2003): DRAFT REPORT (Plenary Session, 19 December 2003)

UNIDROIT C.G.E. Space Pr./1/W.P.23
UNIDROIT Committee of Governmental Experts for the Preparation of a draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (First session, Rome, 15 – 19 December 2003): PROPOSAL (by the delegation of the United States of America and Germany) concerning the Relationship with Outer Space Treaties

Study LXXVI – Principles and Rules of Transnational Civil Procedure
UNIDROIT 2003 - Study LXXVI – Doc. 10
Joint American Law Institute / UNIDROIT Working Group on Principles and Rules of Transnational Civil Procedure. DRAFT PRINCIPLES OF TRANSNATIONAL CIVIL PROCEDURE WITH COMMENTS prepared by Professors G. C. Hazard Jr., R. Stόrner, M. Taruffo and A. Gidi. DRAFT RULES OF TRANSNATIONAL CIVIL PROCEDURE WITH COMMENTS prepared by Professors G. C. Hazard Jr., M Taruffo, R. Stόrner and A. Gidi – Rome, April 2003
Study LXXVIII – Transactions on Transnational and Connected Capital Markets - Intermediated Securities
UNIDROIT 2003 - Study LXXVIII – Doc. 6 [limited distribution]
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: PROPOSAL RELATING TO FUTURE WORK (submitted by the UNIDROIT Secretariat)

UNIDROIT 2003 - Study LXXVIII – Doc. 7
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 regarding Securities Held with an Intermediary (Second Session, Rome 12-14 March 2003): SUMMARY REPORT (prepared by the UNIDROIT Secretariat) – Rome, April 2003

UNIDROIT 2003 - Study LXXVIII – Doc. 8
The UNIDROIT Study Group on Harmonised Substantive Rules Regarding Indirectly Held Securities: Position Paper (August 2003)

UNIDROIT 2003 - Study LXXVIII – Doc. 9 prov. [limited distribution]
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 regarding Securities Held with an Intermediary: SECURITIES HOLDING AND DISPOSITIONS IN UNITED KINGDOM, FRANCE, SWITZERLAND – SUMMARIES (prepared by the Secretariat)

UNIDROIT 2003 - Study LXXVIII – Doc. 10 [limited distribution]
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 regarding Securities Held with an Intermediary: COMMENTS ON THE POSITION PAPER AUGUST 2003 (Compiled by the Secretariat)

UNIDROIT 2003 - Study LXXVIII – Doc. 11
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 regarding Securities Held with an Intermediary. SUMMARY REPORT 3RD SESSION (13-16 November 2003) (prepared by the Secretariat) – Rome, November 2003

UNIDROIT 2003 - Study LXXVIII – Doc. 12 [appeared in 2004]

UNIDROIT 2003 - Study LXXVIII – Doc. 13 prov. 2
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 regarding Securities Held with an Intermediary. DRAFT CONVENTION ON SUBSTANTIVE RULES REGARDING SECURITIES HELD WITH AN INTERMEDIARY (Preliminary Discussion Draft) – Rome, April 2004


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