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Expansion of Applicable Sphere: A way to Unif

时间:2006-11-24栏目:国际经济法论文

nventions. Compared with UNIDROIT Convention, the UNCITRAL has expanded a lot in its sphere of application and progressed forward on the way to uniformity. It has been argued given the convention’s potential impact on international trade, it may become the most important work that UNCITRAL has done so far.

In the meantime, the broader the convention’s sphere of application is, the difficult it is to be ratified by certain country.

Up until the end of 2002, the UNCITRAL Convention has only been signed by Luxembourg. Considering when drafting this convention, the working group is composed of all States members of the Commission, including the United States, United Kingdom, Japan, China, France and other. For the process of formulation of this convention is participated and supported by lots of States and non-government organizations, it is believed that this convention will be widely recognized and accepted by most of the States.




1 See Steven L. Schwarcz, The Universal Language of Cross- Boarder Finance, 235, 236-37, Duke J. Company and International Law,8 (1998).
2 See Preamble of the UNCITRAL Convention.
3 Article 1(2) of the UNDROIT Convention.
4 See Steven L Schwarcz, Towards A Centralized Perfection System for Cross-Border Receivables Financing (1999).
5 See Assignment in Receivables Financing, Discussion and preliminary Draft of Uniform Rules, Report of the Secretary-General, UNCITRAL., 28th Session, para.25, U.N. Doc. A/CN.9/412/1995.
6 See id. paras. 26.
7 See id. paras. 27-28.
8 See id. paras. 29.
9 See id. paras. 22-29.
10 See Report of the Working Group on International Contract practices on the Work of its Twenty-fourth Session, UNCITRAL, 29th Session, para 16, U.N. Doc. A/CN.9/420 (1995).
11 Article 2(1) of the UNIDROIT Convention.
12 Steven L.Schwarcz, A fundamental Inquiry into the Statute Rulemaking Process of Private Legislatures, 29 GA.L.Rev. 909, 940 (1995) .
13 See LS Sealy& RJA Hooley, Commercial Law: Text, Cases and Materials (Second Edition), 937 (1999).
14 See Franco Ferrari, The UNCITRAL Draft Convention on Assignment in Receivables Financing: Applicability, General Provisions And The Conflict Of Conventions, 11, Melbourne Journal of International Law, 1 (2001).
15 Article 2(2) of the UNIDROIT Convention.
16 Article 5 of the UNCITRAL Convention.
17 Article 2(1) of the UNIDROIT Convention.
18 Article 1(3) of the UNIDROIT Convention.
19 Article 3(2) of the UNIDROIT Convention.
20 Article 6 of the UNCITRAL Convention.
21 See Gerald T. McLaughlin & Neil B. Cohen, International Accounts Receivables Financing, 216 N.Y.L.J. 3 (1996).


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