Kiri

VIA PANISPERNA, 28 – 00184 ROMA – ITALIA – TEL.: (+39) 06 69 62 11 – FAX (+39) 06 69 94 13 94

[email protected] – https://www.unidroit.org

Our Refce: GAs/1234

NOTE VERBALE

The International Institute for the Unification of Private Law (UNIDROIT) presents its

compliments to the Embassies of its Member States in Italy, and has the honour to transmit herewith

the agenda for the High Level Side Event of the 84th session of the UNIDROIT General Assembly to

celebrate “South African Presidency Day”, to be held in Rome at the seat of UNIDROIT General

Assembly (Thursday 12th December) at 3 pm.

This event is an initiative of the President of UNIDROIT and the Italian Ministry of Foreign Affairs

and International Cooperation, open to Legal Advisers of UNIDROIT Member States and the National

Representatives and Observers of the Committee of Legal Advisers on Public International Law

(CAHDI) of the Council of Europe.

A Lunch Reception Buffet will be served at the Institute for Representatives attending both

the General Assembly Session and the High-Level Side Event.

In order to enrich the discussions, UNIDROIT further has the honour to encourage attending

State Representatives to prepare possibles examples from domestic High Court decisions or Legislative

acts that might be considered evidence of new forms of interaction between (international) soft law

and (domestic) hard law.

UNIDROIT would be grateful if the Embassies of its Member States in Italy would kindly

communicate the contents of this Note Verbale as well as its enclosures to the competent Authorities of

their Governments.

Rome, 22 November 2024

To the Embassies of UNIDROIT Member States in Italy

ROME

I N T E R N A T I O N A L S O F T

L A W A N D D O M E S T I C

C O U R T S

III High-Level Dialogue

12 December 2024

UNIDROIT Headquarters

Villa Aldobrandini,

Via Panisperna 28

Rome

Background

In recent years, domestic and international courts have

addressed claims on sustainability, human rights and

climate change. Among the many issues arise from such

claims, in terms of both substantive and procedural law,

the one which has received less consideration, despite

its theoretical and practical interest, concerns the direct

reference made in some recent court decisions to

international soft law instruments. In particular, the

recent case concerning Shell Plc. in the Dutch courts

(latest pronouncement: Dutch Court of Appeal,

judgment 12 November 2024) seem to have referred

directly to the Paris Agreement to establish liability in

tort under domestic law. Parallel cases exist in other

jurisdictions, although each is based on the specificities

of the relevant legal framework (see for a challenge to

a State financing: Friends of the Earth v. UK Export

Finance Department, latest decision by the UK Supreme

Court June 2023). To the same end, Supreme Courts

have often recognised that principles established under

international law could be applied internally as part of

the country’s constitutional framework (see Korean

Constitutional Court decision 29 August 2024).

This is the third edition of the yearly seminars held by

UNIDROIT and the Service for Legal Affairs, Diplomatic

Disputes and International Agreements of the Italian

Ministry of Foreign Affairs and International Cooperation,

which address the role and interpretation of international

soft law. The event is open to legal advisers and

representatives of both CAHDI and UNIDROIT Member

States, with the aim of exploring trends in the function

of international soft law in international governance. This

year’s appointment intends to delve into the use of

international soft law by domestic courts in their

assessment of domestic situations. The aim is to assess

whether new trends can be detected in the way domestic

courts approach international soft law, mindful of the fact

that any parallelism must be examined in the light of the

specificities of each domestic legal order, and whether

these could be evidence of new forms of interaction

between (international) soft law and (domestic) hard

law.

Maria Chiara Malaguti (President, UNIDROIT)

Ignacio Tirado (Secretary General, UNIDROIT)

By invitation only

PROGRAMME

14.30 INTRODUCTORY REMARKS

Prof. Ignacio Tirado – Secretary-General UNIDROIT

Min. Plen. Stefano Zanini – Head of the Service for Legal

Affairs, Diplomatic Disputes and International

Agreements, Ministry of Foreign Affairs and International

Cooperation of Italy

14.45 MOST RECENT AND COMPELLING CASES IN

DOMESTIC COURTS

Moderator: Prof. Maria Chiara Malaguti – President

UNIDROIT

Prof. Jaehong Lee (Professor of Constitutional Law in

Ewha Womans University, Seoul)1

Prof. Carla Sieburgh (Professor of Private Law in

particular the Effects of European Law on National Private

Law, Radboud University Nijmegen, and member of

UNIDROIT Governing Council)2

Prof. Jessica Simor KC (Barrister at Matrix Chambers, UK,

Visiting Professor London School of Economics and

Goldsmiths Law)

16.00 DEBATE

Representatives of Member States to share country

experiences in domestic courts

16.45 CONCLUDING REMARKS

The aim of the

High-Level

Dialogues

The main aim of these yearly events is

to enhance the dialogue between

Foreign Ministry Legal Advisors

and other Governmental legal

experts in identifying common

experiences and concerns in the field

of public international law-making

and its contemporary configurations.

The practice on transnational law

reform shall hopefully specifically

contribute to such debate.

It is hoped that providing such a

platform for discussion and experience

sharing in the field may also promote

a common understanding of the forms

of the law, as well as of its contents,

and clarify the tension between law-

making and compliance with the law.

1 Former Rapporteur Judge at the Constitutional Court of Korea. 2 Former Judge in the Civil Senate of the Supreme Court of the Netherlands, State Councillor in the Administrative Jurisdiction Division of the Dutch Council of State

VIA PANISPERNA, 28 – 00184 ROMA – ITALIA – TEL.: (+39) 06 69 62 11 – FAX (+39) 06 69 94 13 94

[email protected] – https://www.unidroit.org

Our Refce: GAs/1234

NOTE VERBALE

The International Institute for the Unification of Private Law (UNIDROIT) presents its

compliments to the Embassies of its Member States in Italy, and has the honour to transmit herewith

the agenda for the High Level Side Event of the 84th session of the UNIDROIT General Assembly to

celebrate “South African Presidency Day”, to be held in Rome at the seat of UNIDROIT General

Assembly (Thursday 12th December) at 3 pm.

This event is an initiative of the President of UNIDROIT and the Italian Ministry of Foreign Affairs

and International Cooperation, open to Legal Advisers of UNIDROIT Member States and the National

Representatives and Observers of the Committee of Legal Advisers on Public International Law

(CAHDI) of the Council of Europe.

A Lunch Reception Buffet will be served at the Institute for Representatives attending both

the General Assembly Session and the High-Level Side Event.

In order to enrich the discussions, UNIDROIT further has the honour to encourage attending

State Representatives to prepare possibles examples from domestic High Court decisions or Legislative

acts that might be considered evidence of new forms of interaction between (international) soft law

and (domestic) hard law.

UNIDROIT would be grateful if the Embassies of its Member States in Italy would kindly

communicate the contents of this Note Verbale as well as its enclosures to the competent Authorities of

their Governments.

Rome, 22 November 2024

To the Embassies of UNIDROIT Member States in Italy

ROME

I N T E R N A T I O N A L S O F T

L A W A N D D O M E S T I C

C O U R T S

III High-Level Dialogue

12 December 2024

UNIDROIT Headquarters

Villa Aldobrandini,

Via Panisperna 28

Rome

Background

In recent years, domestic and international courts have

addressed claims on sustainability, human rights and

climate change. Among the many issues arise from such

claims, in terms of both substantive and procedural law,

the one which has received less consideration, despite

its theoretical and practical interest, concerns the direct

reference made in some recent court decisions to

international soft law instruments. In particular, the

recent case concerning Shell Plc. in the Dutch courts

(latest pronouncement: Dutch Court of Appeal,

judgment 12 November 2024) seem to have referred

directly to the Paris Agreement to establish liability in

tort under domestic law. Parallel cases exist in other

jurisdictions, although each is based on the specificities

of the relevant legal framework (see for a challenge to

a State financing: Friends of the Earth v. UK Export

Finance Department, latest decision by the UK Supreme

Court June 2023). To the same end, Supreme Courts

have often recognised that principles established under

international law could be applied internally as part of

the country’s constitutional framework (see Korean

Constitutional Court decision 29 August 2024).

This is the third edition of the yearly seminars held by

UNIDROIT and the Service for Legal Affairs, Diplomatic

Disputes and International Agreements of the Italian

Ministry of Foreign Affairs and International Cooperation,

which address the role and interpretation of international

soft law. The event is open to legal advisers and

representatives of both CAHDI and UNIDROIT Member

States, with the aim of exploring trends in the function

of international soft law in international governance. This

year’s appointment intends to delve into the use of

international soft law by domestic courts in their

assessment of domestic situations. The aim is to assess

whether new trends can be detected in the way domestic

courts approach international soft law, mindful of the fact

that any parallelism must be examined in the light of the

specificities of each domestic legal order, and whether

these could be evidence of new forms of interaction

between (international) soft law and (domestic) hard

law.

Maria Chiara Malaguti (President, UNIDROIT)

Ignacio Tirado (Secretary General, UNIDROIT)

By invitation only

PROGRAMME

14.30 INTRODUCTORY REMARKS

Prof. Ignacio Tirado – Secretary-General UNIDROIT

Min. Plen. Stefano Zanini – Head of the Service for Legal

Affairs, Diplomatic Disputes and International

Agreements, Ministry of Foreign Affairs and International

Cooperation of Italy

14.45 MOST RECENT AND COMPELLING CASES IN

DOMESTIC COURTS

Moderator: Prof. Maria Chiara Malaguti – President

UNIDROIT

Prof. Jaehong Lee (Professor of Constitutional Law in

Ewha Womans University, Seoul)1

Prof. Carla Sieburgh (Professor of Private Law in

particular the Effects of European Law on National Private

Law, Radboud University Nijmegen, and member of

UNIDROIT Governing Council)2

Prof. Jessica Simor KC (Barrister at Matrix Chambers, UK,

Visiting Professor London School of Economics and

Goldsmiths Law)

16.00 DEBATE

Representatives of Member States to share country

experiences in domestic courts

16.45 CONCLUDING REMARKS

The aim of the

High-Level

Dialogues

The main aim of these yearly events is

to enhance the dialogue between

Foreign Ministry Legal Advisors

and other Governmental legal

experts in identifying common

experiences and concerns in the field

of public international law-making

and its contemporary configurations.

The practice on transnational law

reform shall hopefully specifically

contribute to such debate.

It is hoped that providing such a

platform for discussion and experience

sharing in the field may also promote

a common understanding of the forms

of the law, as well as of its contents,

and clarify the tension between law-

making and compliance with the law.

1 Former Rapporteur Judge at the Constitutional Court of Korea. 2 Former Judge in the Civil Senate of the Supreme Court of the Netherlands, State Councillor in the Administrative Jurisdiction Division of the Dutch Council of State