Virtual Exhibition

What is UNIDROIT?

The International Institute for the Unification of Private Law (UNIDROIT) is an independent intergovernmental organisation that pursues the harmonisation, coordination, and modernisation of private and commercial law. A global organisation, UNIDROIT comprises 65 Member States from five continents, representing a wide variety of legal, economic, political, and cultural systems. Together, its Members represent over 90% of global nominal GDP and over 70% of the world’s population.

Foundation of the Institute (1924-1928)

UNIDROIT was founded in 1926 as an auxiliary organ of the League of Nations. On behalf of Italy, Count Cippico declared his Government’s intention to fund the Institute before the Assembly of the League on 26 September 1924 (Doc. 1). He tied the unification of rights and duties of persons to the goal of “preparing a better humanity” and achieving “universal peace”. Following further exchanges and the completion of internal procedures, the agreement was brought to formal conclusion through an exchange of letters between the Italian Prime Minister and Minister of Foreign Affairs, Benito Mussolini, and the President of the Council of the League of Nations, Ishii Kikujirō. Internal correspondence of the League of Nations indicates that the second letter was sent on 20 April 1926, which has hence become known as the date on which the Institute was founded (Docs. 2 and 3).

Letter of 31 March 1926 confirming the Italian proposal by Italian PM and MFA Mussolini (pp. 1, 5)

 

Doc. 3 - Notes 22 avril 1926

Note of 22 April 1926 from League of Nations Council Pres. Ishii to his SG, Sir Drummond, confirming that the final draft of his response to the Italian Government (in attachment) was sent on 20 April 1926

 

The display case below features the founding exchange of letters, as extracted from the Official Journal of the League of Nations and circulated to its bodies, and the Royal Law Decree of 3 September 1926, which executed the agreement between the two organisations. The inaugural session was held on 30 May 1928 in the presence of the King of Italy, the Italian Prime Minister, representatives of the League of Nations and the various diplomatic corps (Doc. 4). The first session of the Governing Council of the Institute was held immediately thereafter, chaired by the first President of the Institute, Italian Senator Vittorio Scialoja, and featuring a diverse group of some of the most eminent civil law jurists of the time, hailing from a variety of legal traditions (Doc. 5).

Founding exchange of letters – Excerpt intended for circulation and publication in the Official Journal of the League of Nations (29 April 1926)

 

Royal Law Decree of 3 September 1926, No. 2220 – Approval of the foundation of an International Institute for the Unification of Private Law in Rome

 

Relaunch as an International Organisation (1940-1949)

The continuity of the Institute as an auxiliary organ of the League of Nations was called into question when Italy left the League in 1937. Nevertheless, despite the change of circumstances, there endured a shared conviction among governments and academics that the Institute’s activities somehow still had to continue. In 1940, the Italian Government issued a memorandum to that effect, urging all its diplomatic representations to propose the relaunch of the Institute to receiving States in the form of an international organisation, independent from the League of Nations (see display case below), on the basis of a Statute open to ratification by all governments. A total of 23 States ratified that first year, with strong representation from Europe and South America – a testament to the perception that the technical nature of the Institute justified the continuation of its operations regardless of the tragic events that ensued in World War II. More States joined at the end of the War: the first was the Holy See (1945), as reported in a letter of the Institute’s then-President Massimo Pilotti to the Italian Minister of Foreign Affairs, Alcide De Gasperi, mentioning the designation of Prince Carlo Pacelli, the nephew of Pope Pius XII, as delegate (Doc. 1). An overall strategy was developed to gain the membership of prominent countries and enhance cooperation with what would become the United Nations (Docs. 2, 3, and 4). States from all continents continued to join, from the 1950s to the present day, confirming UNIDROIT’s truly global reach. Particularly significant regional milestones include the memberships of France (1948), United Kingdom (1948), India (1950), Nigeria (1964) and the United States of America (1964). A publication of the Italian Ministry of Foreign Affairs from the late 1970s contains a record of the ratifications effected up to that time (Doc. 5). UNIDROIT now counts 65 Member States.

Memorandum and circular of the Italian MFA urging its diplomatic representations to propose the adhesion of receiving States to the new Statute (2 and 29 January 1940)

Organic Statute of 15 March 1940

 

Video History: Archival Footage from the Istituto Luce (1926-1953)

The opening four images of the video, from the inauguration of the Institute in 1928, lead the viewer from the forecourt into the interiors of Villa Aldobrandini. The first image offers a view of the villa’s façade (Doc. 1); the second dwells on the arched entrance, with the renowned fountain receding in the background (Doc. 2). The third image records the delegation of the Italian Prime Minister, posing before the entrance (Doc. 3). The fourth image depicts the King of Italy, Vittorio Emanuele III of Savoy, seated in the front row of the Map Room during the inauguration (Doc. 4).

 

The following newsreel segment, also recorded on the occasion of the inauguration, documents the Italian Prime Minister walking through the gardens of Villa Aldobrandini (Doc. 5). The next two photographs show members of the Institute’s Governing Council gathered in the Parquet Hall during a meeting in 1929 with the first UNIDROIT President, Senator Vittorio Scialoja, standing in the centre (Docs. 6–7), while the subsequent image offers a glimpse of the archaeological excavations in the Villa’s gardens that began in 1927 and continued in the years that followed (Doc. 8). The final two videos illustrate how the history of the Institute, and of the unification of law, intersects with European integration. On 26 February 1953, the Institute hosted the “Conference of the Six”, devoted to the implementation of the recently-ratified European Community of Steel and Carbon Treaty and to further prospects for integration, including the creation of a customs union. The footage, featuring two founding fathers of European integration, then-President of the Council of Ministers of Italy Alcide De Gasperi and Chancellor of the Federal Republic of Germany Konrad Adenauer, evokes “the harmonies of Villa Aldobrandini as a wish for concord” (Doc. 9). On 15 October 1953, the “Round Table of Europe” was held in the villa’s halls, attended once again by De Gasperi, alongside Robert Schuman, another of the principal architects of European unification, and which was devoted to the theme of Europe’s cultural unity (Doc. 10).

UNIDROIT Centenary – Virtual Exhibition

Traces of World War II (1941)

When UNIDROIT was relaunched in 1940, the Institute had to face the challenges of the War. Some of the difficulties encountered over the course of the armed conflict are documented in a letter of 17 November 1941 in which then-President Mariano D’Amelio requests the exemption of the Institute’s Librarian, Alessandro Montecchi (Doc. 1). In another letter to the Italian Ministry of Foreign Affairs of 30 November 1941, the Institute complains about the installation of anti-aircraft cannons and the “very serious” damage they had caused to the terraces of Villa Aldobrandini, reiterating the international nature of the Institute and the duty of the Italian State to afford the Villa the same treatment as foreign diplomatic representations (Doc. 2). Amid the desolation of war, signs of enduring humanity still shone through. The Institute did not limit itself to defending its own interests but also came to the aid of foreign academics. A letter by President D’Amelio of 30 April 1941 makes an appeal to the German Ambassador in Rome, Hans Georg von Mackensen, to help free a young French jurist by the name of René David, who was then a prisoner of war detained in Germany and would go on to become a luminary of comparative law (and member of the UNIDROIT Governing Council) (Doc. 3). In the letter, the President mentions how highly his German colleagues thought of the young Professor David, both personally and professionally, and goes as far as to specify the block and barrack numbers where he was detained. The President then expresses his gratitude to the German Ambassador for his support in a letter on 13 May of the same year (Doc. 4). The President would go on to petition the freedom of the son of French Professor and Governing Council Member Jules Basdevant (future President of the International Court of Justice), who was detained in Germany and in poor health (Doc. 5)

 

The Post-War Period and Coordination with the United Nations (1946-1950)

At the end of World War II, the Institute reinitiated its activities with the aim of expanding membership and assessing forms of cooperation with the newly-founded Organisation of the United Nations. A memorandum from UNIDROIT of 30 September 1946 expresses appreciation for the United Kingdom’s willingness to support possible cooperation between the UN and UNIDROIT at the next session of the UN General Assembly, to be held in October 1946, and illustrates how such cooperation should be established (Doc. 1). A December 1947 memorandum by UNIDROIT Secretary-General Mario Matteucci to a high ranking official of the Italian Ministry of Foreign Affairs, Minister Plenipotentiary Blasco Lanza d’Ajeta, summarises the possible options (i.e., either formal entry into the UN system as a specialised agency or “de facto” coordination), going hand-in-hand with the strategy of attracting the “major powers” to join UNIDROIT, and clarifies how the fact that Italy had not yet joined the UN posed an obstacle to formal entry (Doc. 2). An aide-memoire drawn up around July 1948 retraces the exchanges with the UN and the issues that emerged from the UN’s suspension of relations with Spain, a Member of UNIDROIT, as well as the proposal from the UN to facilitate “de facto” cooperation, which was apparently already in place (Doc. 3). UNIDROIT President Massimo Pilotti’s letter of December 1949 to Italian Minister of Foreign Affairs Carlo Sforza reports the entry of new Member States (United Kingdom, France) and the resolution of the obstacles that had emerged with the UN (Doc. 4). The Spanish issue would then be solved by the change in the UN’s approach to relations with Spain, which was communicated to UNIDROIT in 1950 (Doc. 5).

Letter of 21 December 1950 from the Chief of the Migration Section of the UN to UNIDROIT enclosing a copy of the UN General Assembly Resolution of 4 November 1950 on Relations of State Members and Specialized Agencies with Spain

 

The First UNIDROIT Logo (1950s)

Archival research has unearthed two draft logo design options, on a blue and light blue background respectively, with four different versions each of the first UNIDROIT logo. The annotations on the light blue background note the various options for the shape, style and colouring: grey, black or golden meridians; round or elliptical shape; continents depicted in white, grey or green (see display case below). The designs, which date back to the late 1950s (though without precise dates), are attributable to Caterina “Katy” Castellucci, a famous painter and graphic designer (Doc. 1), whose signature is noted on the back of one of the two designs (Doc. 2). An eminent member of the so-called “Roman school”, Ms Castellucci spent her life between Rome, Paris and Milan and, after her early years dedicated to painting, turned her skills towards graphic design and fashion. The first document on UNIDROIT letterhead with the logo, which was subsequently simplified into a globe with continents and meridians shaded in grey-green on a white background, is a memorandum drawn up in March 1958 on the cooperation between the Institute and the United Nations (Doc. 3). The word “UNIDROIT” appeared for the first time in a telegram sent by Professor Piero Angelo Sereni to the Institute President Massimo Pilotti, due to the need to shorten and simplify the denomination in communications, which were increasingly destined to be transmitted by wire (Doc. 4).
Photo of Katy Castellucci [Fotografia]. (n.d.). Archivio della Scuola Roma.
Arte e Roma tra le due guerre. https://www.scuolaromana.it/artisti/castell.htm

 

Doc 4 Italcable telegram
Italcable telegram from Prof. Sereni to UNIDROIT Pres. Pilotti where the abbreviation UNIDROIT appears for the first time

 

Graphic designs with sketches of the UNIDROIT logo, attributed to Katy Castellucci [1950s]