Statement by the Cuban delegation on item 77 of the Report of the United Nations Commission on International Trade Law on the work of its 56th session.

New York, 16th October 2023.

Mr. President:

Cuba considers that the creation of the United Nations Commission on International Trade Law (UNCITRAL) allowed developing countries to participate more actively in the harmonization, modernization and unification of international trade law.

Similarly, we stress the importance of the inclusive nature of the Commission in its structure, composition and working methods, while maintaining respect for the principle of sovereign equality of all States as the basis for its work, in order to ensure universal acceptance of the texts that emanate from its work.

We recognize that the challenges of the codification of international trade law are increasing, since the volume and characteristics of international trade are in constant transformation due to the permanent technological development and the diversity of commercial activities.

Although it is not easy, we believe that the work of the Commission must be adjusted to the dynamics of commercial activities, since the speed of trade exceeds codification efforts.

We wish to emphasize that both the COVID 19 pandemic and unilateral coercive measures have undoubtedly had negative consequences on world trade. Both factors have severely hampered trade between States on a much broader and more global scale than in previous years, and today continue to affect the promotion of international trade, the broader objective of UNCITRAL.

Mr. President,

We recognize the efforts made by the Commission, through its bodies and working groups, to achieve substantive progress leading to the coherence and evolution of international trade rules. Every progress in this area contributes to the establishment of clear regulations that facilitate the safe exchange of goods and services. In this regard, we thank you for the presentation of your report A/78/17 on the work carried out during its 56th session.

We acknowledge the progress made by the Commission's experts during the July 3-21, 2023 work period, such as the completion and adoption of the following texts: Model Provisions on Mediation for International Investment Disputes, the Guidelines on the Mediation for International Investment Disputes, the Code of Conduct for Arbitrators in International Investment Dispute Resolution, and the Code of Conduct for Judges in International Investment Dispute Resolution.

Tackling climate change is a priority for our macroeconomic and trade policies, which is why we welcome the Colloquium on Climate Change and the Law of International Trade. This Colloquium is a further step towards the effective achievement of the climate action goals set by the international community, the scope and value of legal harmonization in these areas, and the need to provide international guidance to legislators, policy makers, courts and dispute resolution bodies.

Finally, we would like to commend the efforts of UNCITRAL members and the Secretariat to continue to promote the rule of law and the harmonization of international trade law.

Thank you

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