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STATEMENT BY MR. HIROSHI TAJIMA
REPRESENTATIVE OF JAPAN
ON THE REPORT OF THE UNITED NATIONS COMMISSION ON INTERNATIONAL
TRADE LAW ON THE WORK OF ITS 38TH SESSION
MONDAY, 3 OCTOBER 2005
UNITED NATIONS, NEW YORK
At the outset, I would like to congratulate you on your assumption of the chairmanship of the Sixth Committee, and to express my confidence that we will achieve positive results during this session under your able leadership. My congratulations are also extended to the other members of the Bureau.
I would like to express my gratitude, in addition, to the Chairman of UNCITRAL, Mr. Jorge Pinzón Sánchez, for his presentation of the report of the Commission on the work conducted during its thirty-eighth session. We appreciate as well the important role played by the Secretariat of UNCITRAL.
I would like now to comment on the work of UNCITRAL during its thirty-eighth session.
The Working Group has been moving forward on the revision of the UNCITRAL Model Law on Procurement of Goods, Construction and Services since the autumn of 2004. Japan believes that the adoption of the Model Law has contributed significantly to the unification and coordination of domestic laws on procurement, which in turn contributes to the development of international trade. At the same time, it is also essential to adjust the Model Law in response to changes in circumstances such as the recent expansion of the use of electronic communications in the area of procurement. We hope that the Working Group will be successful in addressing these changes.
Alternative Dispute Resolution (ADR), which includes arbitration, has become more important as a means of facilitating the swift settlement of disputes. In this regard, Japan, which last March implemented its revised Arbitration Law, amended in accordance with the UNCITRAL Model Law on International Arbitration, has been interested in the discussion within the Working Group concerning the amendment of the Model Law, the possible requirement to have the arbitration agreement in written form and interim protection measures, and we look forward to further progress in those areas.
(3) Transport Law
The work on the Transport Law with respect to international carriage of goods by sea, whose purpose is to produce new uniform laws in this area, is of great importance. Once completed, it will improve the current situation, under which multiple international legal frameworks in the area must co-exist, and establish clear rules that will facilitate the resolution of problems that existing legal frameworks do not address. On the other hand, careful deliberation will be required with respect to the present draft instrument, which is composed of numerous articles and presents some difficult issues, including that of the scope of application. In that connection, my delegation welcomes the remarkable progress of the Working Group, with the assistance of the informal expert group, and looks forward to further achievement in that area.
(4) Electronic Commerce
Japan appreciates the adoption of the Draft Convention on the Use of Electronic Communications in International Contracting during the thirty-eighth session of UNCITRAL. We hope that this Convention will facilitate the harmonization of domestic laws concerning electronic commerce.
(5) Insolvency Law
Japan hopes that the reliability and efficiency of insolvency procedures will be enhanced by having each country's domestic laws drafted in accordance with the UNCITRAL Legislative Guide on Insolvency Law adopted during the thirty-seventh session of UNCITRAL.
(6) Security Interests
Japan considers essential the formulation of a legislative guide for security interests in goods, including legislative recommendations with respect to security rights pertaining to movable property, which will promote provision of credit and enhance economic growth and international trade through the creation of a flexible and effective legal framework for security interests. At the same time, it is essential to consider coordination of the existing national legislation of each country in this area with the goal of constructing a harmonized international legal regime. It should be noted that the work of formulating such a regime entails addressing the difficult question of how to treat the rules of private international law. My delegation considers it necessary to continue to engage in careful deliberation on this issue.
Lastly, I would like to take this opportunity to note with appreciation the contribution which the Commission has made so far in promoting the progressive harmonization and unification of international trade law, and to reiterate that Japan, as a member of the Commission since its inception, will continue to participate actively in its work.
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