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Report of the United Nations Commission on International Trade Law on the work of its fiftieth session

Statement by the Permanent Mission of the El Salvador to the United Nations On behalf of the Community of Latin American and Caribbean States (CELAC)

October 10

Mr. President,

I have the honor to address the representation of the 33 member states of the Community of Latin American and Caribbean States (CELAC).

The Community of Latin American and Caribbean States wishes to thank the Report of the work of the United Nations Commission on International Trade Law at its fiftieth session (A/72/17) which reflects in detail the hard work which has been developed, in the various subjects under its consideration.

Before 1966, the effort of harmonization and unification of the legal aspects of trade between the countries was not done in a universal form because of the lack of an inclusive institution responsible for promoting and appropriate solutions for States with different legal systems and in different stages of economic development.

The United Nations Commission on International Trade Law (UNCITRAL), which was established on 17 December 1966, was an important response to this need, and we welcome this opportunity, especially this year after commemorating its 50 anniversary, which gives us the opportunity to look to the future and to continue joining efforts to achieve greater achievements.

                The composition of UNCITRAL ensures the representation of the various geographical regions and the major economic and legal systems of the world. Its method of work also falls within the fundamental principles of the Charter of the United Nations, such as the principle of sovereign equality for decision-making. In this respect, the creation of the Commission represented, for developing countries, the possibility of participating in the activities of harmonization, unification and modernization of international trade law, in order to ensure their inclusion in trade on an equal footing.

                The success of UNCITRAL as the central legal body of the United Nations System in this area is therefore linked to its inclusive nature and to the interest of all peoples, especially developing countries, to improve conditions conducive to development of international trade.

                Taking into account the foregoing, the countries of the Community of Latin American States and the Caribbean, we reiterate the importance of the current structure, composition and working methods of UNCITRAL, since this ensures harmonization, unification and development progressive international commercial law, respecting the principle of sovereign equality of States and granting the texts that emanate from it, a great worldwide acceptance.

Mr. president,

In each of the six Working Groups, significant progress can be seen that demonstrates the commitment of members to the work assigned to them. In particular, CELAC wishes to highlight the work of Working Groups IV and VI, by approving the "Model law on electronic transferable records and explanatory notes " and  a "guide to enactment of the UNCITRAL Model Law on Secured Transactions on Secured Transactions”, which will contribute in a timely manner to the strengthening of a legal framework, duly harmonized in each of its areas.

We also wish to refer to the Commission's decision to support and recommend the use of the Uniform Rules Relating to Forfaiting, which we believe will contribute to the establishment of a modern legal framework, especially for the countries of Latin America and the Caribbean.

CELAC expresses its support for the Commission's decision to entrust Working Group III with the study of the "Reform of the System of Dispute Settlement between Investors and States", which undoubtedly represents a laudable contribution to the codification and development of International Trade Law.

The member states of CELAC wish to reiterate that the challenges of our Organization in the codification of International Trade Law are increasing; the volume and the characteristics of commerce at world-wide level undergo modifications without pause due to the incessant and permanent technological development and to the diversification of the commercial activities. This implies that the work of the Commission must accompany, as much as possible, the dynamics of trade activities. This implies that the work of the Commission should go hand in hand with the dynamics of commercial activities as close as possible.

We know and are aware that the challenge is not easy, because the speed of commercial activities exceeds the efforts of the codification task. However, the Commission's 50 years of work with the will, commitment, broad participation and openness of Member States can achieve substantive progress towards the Commission's goal of modernizing and consolidating international trade rules.

Each progress achieved in this area contributes to the establishment of clear rules that facilitate the exchange of goods and services.

Mr. President,

The CELAC countries strongly support the work of the Commission, and we value the efforts of members aimed at achieving the proposed objectives. Our commitment is demonstrated by our active participation in both the working groups and the Commission, whether as members or observers.

For the members of CELAC, our participation in the sessions implies a significant effort. Therefore, Mr. President, we wish to refer punctually to paragraphs 484 and 485 of the Commission report referred to "Date and place of future meetings."

The modality used so far, to alternate the venues of the meetings between New York and Vienna, facilitates the participation of our countries. It is a valid alternative for those who do not have a diplomatic representation in Austria.

As CELAC, we again emphasize the continuation of the current system of work to alternate the venues of meetings between New York and Vienna. We understand the budgetary constraints of the Organization, but we believe that facilitating logistics for broad membership participation contributes to discussions and achieves substantive results.

We also welcome the progress made in the work of the International Trade Law Commission and reiterate the commitment of CELAC in this area taking into account Agenda 2030 for Sustainable Development, in particular the relevant goals of the Development Goal 16: "Promoting peaceful and inclusive societies for sustainable development, facilitating access to justice for all, and creating effective, accountable and inclusive institutions at all levels.

Finally, Mr. President, but no less important, CELAC would like to take the opportunity to express its appreciation to Mr. Renaud Sorieul, who, like the other secretaries that UNCITRAL has held to date, has carried out a great deal of work in the Secretariat, which has contributed greatly to the success of the Commission.

Thank you Mr. President.

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