United Nations

A/RES/51/161


General Assembly

Distr. GENERAL  

30 January 1997

ORIGINAL:
ENGLISH



Fifty-first session
Agenda item 148


                  RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

               [on the report of the Sixth Committee (A/51/628)]


            51/161.  Report of the United Nations Commission
                     on International Trade Law on the work
                     of its twenty-ninth session

      The General Assembly,

      Recalling its resolution 2205 (XXI) of 17 December 1966, by which
it created the United Nations Commission on International Trade Law
with a mandate to further the progressive harmonization and
unification of the law of international trade and in that respect to
bear in mind the interests of all peoples, in particular those of
developing countries, in the extensive development of international
trade,

      Reaffirming its conviction that the progressive harmonization and
unification of international trade law, in reducing or removing legal
obstacles to the flow of international trade, especially those
affecting the developing countries, would significantly contribute to
universal economic cooperation among all States on a basis of
equality, equity and common interest and to the elimination of
discrimination in international trade and thereby to the well-being of
all peoples,

      Stressing the value of participation by States at all levels of
economic development and with different legal systems in the process
of harmonizing and unifying international trade law,

      Having considered the report of the United Nations Commission on
International Trade Law on the work of its twenty-ninth session, 1/ 

      Mindful of the valuable contribution to be rendered by the
Commission within the framework of the United Nations Decade of
International Law, particularly as regards the dissemination of
international trade law,

      Concerned that activities undertaken by other bodies of the
United Nations system in the field of international trade law without
coordination with the Commission might lead to undesirable duplication
of efforts and would not be in keeping with the aim of promoting
efficiency, consistency and coherence in the unification and
harmonization of international trade law, as stated in its resolution
37/106 of 16 December 1982,

      Having considered the report of the Secretary-General on the
implementation of paragraph 9 of General Assembly resolution 50/47, 2/


      1.    Takes note with appreciation of the report of the United
Nations Commission on International Trade Law on the work of its
twenty-ninth session; 1/

      2.    Notes with satisfaction the completion and adoption by the
Commission of the Model Law on Electronic Commerce; 3/ 

      3.    Commends the Commission for the finalization of the Notes on
Organizing Arbitral Proceedings; 4/ 

      4.    Expresses its appreciation for the progress made in its work
on the subjects of receivables financing and cross-border insolvency;

      5.    Welcomes the decision of the Commission to request the
Secretariat to review, with the assistance of experts and in
cooperation with other international organizations having expertise in
build-operate-transfer arrangements, issues on which legislative
guidance might be useful, and to commence the preparation of a
legislative guide on build-operate-transfer projects; 5/

      6.    Reaffirms the mandate of the Commission, as the core legal
body within the United Nations system in the field of international
trade law, to coordinate legal activities in this field and, in this
connection:

      (a)   Calls upon all bodies of the United Nations system and
invites other international organizations to bear in mind the mandate
of the Commission and the need to avoid duplication of effort and to
promote efficiency, consistency and coherence in the unification and
harmonization of international trade law;

      (b)   Recommends that the Commission, through its secretariat,
continue to maintain close cooperation with the other international
organs and organizations, including regional organizations as well as
other bodies such as the International Institute for the Unification
of Private Law, which are active in the field of international trade
law and other related areas;

      7.    Also reaffirms the importance, in particular for developing
countries, of the work of the Commission concerned with training and
technical assistance in the field of international trade law, such as
assistance in the preparation of national legislation based on legal
texts of the Commission;

      8.    Expresses the desirability for increased efforts by the
Commission, in sponsoring seminars and symposia, to provide such
training and technical assistance, and in this connection:

      (a)   Expresses its appreciation to the Commission for organizing
seminars and briefing missions in Belarus, Chile, Colombia, Gabon,
Greece, Guinea, the Islamic Republic of Iran, Kazakstan, New Zealand,
Paraguay, Slovenia, Turkey and the United Arab Emirates;

      (b)   Expresses its appreciation to the Governments whose
contributions made it possible for the seminars and briefing missions
to take place, and appeals to Governments, the relevant United Nations
organs, organizations and institutions and individuals to make
voluntary contributions to the United Nations Commission on
International Trade Law trust fund for symposia and, where
appropriate, to the financing of special projects, and otherwise to
assist the secretariat of the Commission in financing and organizing
seminars and symposia, in particular in developing countries, and in
the award of fellowships to candidates from developing countries to
enable them to participate in such seminars and symposia;

      9.    Appeals to the United Nations Development Programme and
other bodies responsible for development assistance, such as the
International Bank for Reconstruction and Development and the European
Bank for Reconstruction and Development, as well as to Governments in
their bilateral aid programmes, to support the training and technical
assistance programme of the Commission and to cooperate and coordinate
their activities with those of the Commission;

      10.   Appeals to Governments, the relevant United Nations organs,
organizations and institutions and individuals, in order to ensure
full participation by all Member States in the sessions of the
Commission and its working groups, to make voluntary contributions to
the trust fund for travel assistance to developing countries that are
members of the Commission, at their request and in consultation with
the Secretary-General;

      11.   Decides to include the trust funds for symposia and travel
assistance in the list of funds and programmes that are dealt with at
the United Nations Pledging Conference for Development Activities;

      12.   Also decides, in order to ensure full participation by all
Member States in the sessions of the Commission and its working
groups, to continue its consideration in the competent Main Committee
during the fifty-first session of the General Assembly of granting
travel assistance to the least developed countries that are members of
the Commission, at their request and in consultation with the
Secretary-General;

      13.   Requests the Secretary-General to ensure the effective
implementation of the programmes of the Commission;

      14.   Stresses the importance of bringing into effect the
conventions emanating from the work of the Commission for the global
unification and harmonization of international trade law, and to this
end urges States that have not yet done so to consider signing,
ratifying or acceding to those conventions.


                                                          85th plenary meeting
                                                              16 December 1996


                                     Notes

1/    Official Records of the General Assembly, Fifty-first Session,
Supplement No. 17 (A/51/17).

2/    A/51/382.

3/    Official Records of the General Assembly, Fifty-first Session,
Supplement No. 17 (A/51/17), annex I; see also resolution 51/162,
annex.

4/    Ibid., Supplement No. 17 (A/51/17), chap. II.

5/    Ibid., chap. IV, para. 229.

 

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