On the model laws of UNCITRAL with special reference to model laws in the area of public procurement and infrastructure development

Abstract

UNCITRAL (United Nations Commission on International Trade Law) is an international organization focused on the modernization and harmonization of commercial law at the international level. Its normative work primarily marks enactment of the law sources which belong to the soft law sources (guidelines, communications, model laws, etc.). The subject of research in this paper are the UNCITRAL Model Laws, and their importance as a law source for the international economic relations. The author's intention is to draw attention to the characteristics and adequacy of the application of the model law primarily in the areas of public procurement and infrastructure development, in terms of identifying strengths and weaknesses in regulation of this very important matter in the field of market relations by aforementioned law source. In order to analyze the reasons pro et contra regulating this material by model law, it was necessary to carry out a comparative analysis with other law sources that govern the same issues (primarily the EU directives), with special reference to the regulations that exist in the national legal systems, which model laws should not be an alternative, but guide to creating quality rules.

Keywords

• UNCITRAL
• model law
• soft law
• public-private partnership
• public procurement