UNGA/C-6: UNGA,S SIXTH (LEGAL) COMMITTEE DISCUSSES

UNCLAS USUN NEW YORK 001060 SIPDIS E.O. 12958: N/A TAGS: UNGA SUBJECT: UNGA/C-6: UNGA,S SIXTH (LEGAL) COMMITTEE DISCUSSES UNCITRAL ¶1. SUMMARY: The 63rd UNGA Sixth Committee held its general debate on agenda item 74, "The report of the UN Commission on International Trade Law (UNCITRAL) on the work of its resumed 40th and 41st session," on October 20. The Chair of the 41st session summarized the topics discussed by the commission at the start of the debate. Most delegations emphasized the need to harmonize international trade law and praised the work of UNCITRAL to that effect in drafting the Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (Transport Convention). Paragraph 6 lists the countries that made interventions. END SUMMARY UNCITRAL REPORT -------------- ¶2. Rafael Illescas Ortiz, the Chair of the 41st UNCITRAL session detailed the topics covered by the commission, including: transport law, procurement, arbitration, insolvency law, security interests, e-commerce, commercial fraud, monitoring implementation of the New York Convention, and technical assistance. He highlighted accomplishments on the Commission in drafting the Transport Convention and expressed hope that delegates would receive it favorably. The chair underscored UNCITRAL Trust Fund for Symposia's need for additional funding in order to provide support to developing nations. (Note: The Trust Fund for Symposia provides assistance to developing countries for legal reforms. It has also given travel grants for participation in UN conferences. End Note.) SUPPORT FOR TRANSPORT CONVENTION -------------- ¶3. Most speakers expressed support for the Transport Convention. India stated that this regime would generate greater commercial confidence. Per Department guidance, the United States expressed its strong support for the Convention. Several delegates qualified their support. New Zealand pointed to two elements of the text: 1) the wide level of contracting-out possible under the Convention that might undermine harmonization and lead to a power imbalance in negotiations, and 2) the need for clarity regarding the interpretations of the convention's scope. While expressing support for the purpose of the convention, China suggested that it was not completely satisfied with aspects of the convention, and referred to specific issues that may negatively affect its entry into force. The Republic of Korea questioned whether the Transport Convention improved upon former treaties, asserting that the scope is too wide and that liability limits would ultimately hurt trade. The Korean delegate asked the Secretary to do a cost benefit analysis of the Transport Convention's measures to assist in the implementation process. Iran echoed Korea's concerns about the convention. OTHER THEMES -------------- ¶4. Most developing countries argued that improving international trade laws and providing technical assistance for implementation fostered economic development. Many called for donations to the UNCITRAL Trust Fund for Symposia. Several European delegates stated that the working group that is revising the UNCITRAL Arbitration Rules should concentrate only on the elements of the rules that require amendment as proven by experience. ¶5. Singapore's representative called for written guidelines on the processes for UNCITRAL meetings and that NGOs should participate in deliberations. (Comment: This practice could have significant implications for other UN bodies where NGO participation is limited to observing. End Comment). Indonesia, Pakistan, Belarus, Guatemala, Russia, Mexico and Indonesia supported continuing the practice of consensus in the commission. LIST OF SPEAKERS -------------- ¶6. The following countries spoke: Norway (on behalf of the Nordics),Algeria, Austria, Australia, Belarus, Cameroon, Canada, China, France, Ghana, Greece, Guatemala, Iran, India, Indonesia, Japan, Malaysia, Mexico, the Netherlands, New Zealand, Pakistan, Qatar, Republic of Korea, Russia, Senegal, Singapore, Slovenia, South Africa, Spain, Thailand, the United Kingdom, the United States, and Venezuela. Khalilzad