Third Workshop on the Implementation of and Compliance with International Commercial Law Treaties

On 8 September 2026, the third Workshop of the project on the Implementation of and Compliance with International Commercial Law Treaties (“Treaty Project”) was held online. The Workshop brought together the Project Directors, UNIDROIT representatives and experts in international commercial law and other treaty areas to discuss the first full draft of the prospective Guide on the Implementation of and Compliance with International Commercial Law Treaties.

The Treaty Project is undertaken in the framework of the Cape Town Convention Academic Project (CTCAP), a joint undertaking between UNIDROIT and the University of Cambridge Faculty of Law, with the Aviation Working Group as its founding sponsor. The Project seeks to identify and address challenges associated with the implementation of and compliance with international commercial law treaties and to develop practical guidance to facilitate compliance. It follows an interdisciplinary and comparative methodology, drawing on experience from a broad range of treaty regimes.

The Workshop focused on the structure, methodology, scope and practical utility of the Draft Guide. Participants discussed, in particular, the proposed scope of the Guide and the possible inclusion of a broader range of treaty regimes, including trade, investment and intellectual property treaties. The discussion also addressed the distinction and relationship between implementation and compliance, including the relationship between State obligations and the rights and interests of private parties affected by non-compliance.

The participants further considered the proposed Compliance-Facilitating Elements (CFEs), which are intended to provide a flexible set of legal, institutional, procedural and practical measures that may be adapted to the relevant treaty, obligation and circumstances. Particular attention was given to the formulation and intended audience of individual CFEs. The Workshop also considered the use of treaty examples, the accessibility and presentation of the Guide, and the practical tools contained in its Annexes, including the model clauses and the checklist.

The Workshop provided guidance for the further development of the Draft Guide. The next phase of the Project will involve continued refinement in preparation for the launch of the Guide, expected to take place in 2027.

For more information on the project, please visit https://unidroitfoundation.org/treaty-project/

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