El objetivo de esta nota es dar a los usuarios una explicaciÃ³n concisa de la terminologÃa utilizada enÂ LegaCarta.
LegaCartaÂ generalmente utiliza el tÃ©rmino convenciÃ³n. Vartias otras palabras tienen el mismo significado: convenciÃ³n, tratado, acuerdo y protocolo son a menudo intercambiables. De acuerdo a la ConvenciÃ³n de Viena sobre el Derecho de los Tratados (artÃculo 2.1.a), un tratado o una convenciuÃ³n significa â€œun acuerdo internacional concluÃdo entre Estados en forma escrita y gobernado por el derecho internacional, ya sea incorporado en un instrumento mÃ¡s Ã¡mplion form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designationâ€.
LegaCartaÂ deals exclusively with multilateral conventions. Bilateral and regional agreements are excluded from its scope. In general, the work of regional institutions is not covered byÂ LegaCarta, with the exception of some important conventions, signed under the auspices of regional bodies, that are open to all countries for ratification or accession.
Date of entry into force
The date of entry into force is the date at which the contracting States are bound by the provisions of a convention.
Date of ratification
Generally the act of ratification is required for States to be bound by a convention. â€œRatification, acceptance, approval and accession mean in each case the international act so named whereby a State establishes on the international plane its consent to be bound by a conventionâ€ (Vienna Convention on the Law of Treaties, article 2.1.b).
For each convention,Â LegaCartaÂ provides lists of ratifying countries, updated at least twice a year. Two lists are available: one in alphabetical order, the other in chronological order. Although international organisations are sometimes party to multilateral conventions,Â LegaCartaÂ only provides the list of ratifying States.
Date of signature
The date of signature refers to the date of adoption of a convention.Â LegaCartaÂ does not provide the dates at which individual States have signed the adopted text. Such information, of less practical value, can be obtained from the depositary of each convention.
The depository is the conventionâ€™s custodian (one or more States, an international organisation or the chief administrative officer of the organization), which receives from each State the deposit of instruments of ratification, acceptance, approval or accession.
A model law is a template intended for national lawmakers that can be used as a pattern for domestic legislation.
The United Nations Commission on International Trade Law (UNCITRAL) is the main provider of model trade laws. UNCITRAL model laws are generally accompanied by guides for their incorporation into national law.
When available (for example for most of UNCITRALâ€™s model laws)Â LegaCartaÂ provides the list of countries having incorporated a specific model law into their national legislation.
Model laws listed inÂ LegaCartaÂ are identified by brackets [â€¦]
Multilateral Trade Rules (MTRs)
The term â€œmultilateral trade rulesâ€ refers first of all to conventions (treaties) open to all States for ratification, approval or accession. The term multilateral trade rules also refers to some more flexible international legal instruments such as model laws and trade usages. Finally, under this heading and for technical assistance purposes, an â€œinstitutional participationâ€ component is included as an indicator of the involvement of a State or its national business community in the work of institutions that define international trade rules.
Relevance of Multilateral Trade Rules
Multilateral trade rules are of varying importance to a countryâ€™s legal framework. Although it is impossible to make an assessment of the relevance of each multilateral trade rule instrument,Â LegaCartaÂ has attempted to give â€œobjectiveâ€ indications in this regard, in response to the need for policymakers to set up their own priorities. Clearly, relevance indicators must be reviewed according to the specific needs, economic and geographical conditions, and priorities of each country.
Indications as to the relevance are based on several criteria, such as the number of ratifications of a convention, the impact of its provisions on international trade and the opinion of international legal experts and international bodies administering the relevant instruments.
Relevance indicators are as follows:
5 Â â€“ Â very important
3 Â â€“ Â important
1 Â â€“ Â less important
0 Â â€“ Â irrelevant or obsolete
LegaCartaÂ does not contain any information on reservations that have been made by the ratifying States. Interested users are invited to refer to the depositary of a given convention for details on any reservation made.
Trade usages and practices
Codified trade usages are included inÂ LegaCartaÂ because of their practical impact on trade. The International Chamber of Commerce (ICC) Incoterms and the UNIDROIT Principles of International Commercial Contracts are examples of internationally accepted trade usages.Â LegaCartaÂ does not provide any list of countries where trade usages are used. Trade usages are not taken into account in the calculation of the average rate of ratification of multilateral trade instruments in a given country. Trade usages listed inÂ LegaCartaÂ are identified by brackets [â€¦]