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United Nations Commission on International Trade Law: Model Law on Procurement of Goods, Construction and Services

Published online by Cambridge University Press:  27 February 2017

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Type
Legislation and Regulations
Information
International Legal Materials , Volume 34 , Issue 3 , May 1995 , pp. 718 - 757
Copyright
Copyright © American Society of International Law 1995

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Footnotes

*

[Reproduced from the Official Records of the General Assembly. Forty-ninth Session, Supplement No. 17, (A/49/17) annex 1., pp. 58-96. UNCITRAL adopted the Model Law on June 15, 1994. On December 9, 1994, the UN General Assembly adopted Resolution 49/59. The operative paragraphs of the Resolution are: "1. Takes note with satisfaction of the completion and adoption by the United Nations Commission on International Trade Law of the Model Law on Procurement of Goods, Construction and Services together with the Guide to Enactment of the Model Law [A/CN.9/394]; 2. Recommends that, in view of the desirability of the improvement and uniformity of the laws of procurement, all States give favourable consideration to the Model Law when they enact or revise their procurement laws; 3. Recommends also that all efforts be made to ensure that the Model Law together with the Guide become generally known and available." The Resolution was adopted without a vote.

[The UNCITRAL Model law on Procurement of Goods and Construction, of July 16, 1993, appears at 33 I.L.M. 445 (1994).]

References

page 731 note * States may choose not to incorporate all these methods of procurement into their national legislation. On this question, see Guide to Enactment of the UNCITRAL Model Law on Procurement of Goods. Construction and Services (A/CN.9/403).

page 754 note * States enacting the Model Law may wish to incorporate the articles on review without change or with only such minimal changes as are necessary to meet particular important needs. However, because of constitutional or other considerations, States might not, to one degree or another, see fit to incorporate those articles. In such cases, the articles on review may be used to measure the adequacy of existing review procedures.

page 755 note * States where hierarchical administrative review of administrative actions, decisions and procedures is not a feature of the legal system may omit article 54 and provide only for judicial review (article 57).

page 756 note * Optional language is presented in order to accommodate those States where review bodies do not have the power to grant the remedies listed below but can make recommendations.