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UNCTAD legal instruments (1964-2025)

UN Trade and Development (UNCTAD) has produced a significant number of legal instruments since its creation in 1964.

Legal instruments can be classified as binding or non-binding.

UNCTAD's binding legal instruments (treaties and conventions)

An international convention or treaty is an agreement between countries that is legally binding for the Contracting Parties/States, that is to say for the States that have formally declared their intention to be bound, upon its entry into force.

Most multilateral treaties expressly provide for States to express their consent to be bound by signature subject to ratification, acceptance or approval (for further information, see UN Treaty Collection Glossary of terms relating to Treaty actions).

The legal instrument will enter into force for these States when the required number of ratifications as set out in the convention or treaty itself has been reached. After the entry into force of a legal instrument, other States may accede.

When a country signs a convention, it signals its intention to ratify it in the future. Signing is typically not legally binding, but it shows that the country supports the convention's goals and principles. A monitoring body is frequently established to evaluate State Parties' progress in implementing the convention by considering reports routinely supplied by States because contracting parties are legally required to adhere to the provisions of the convention.

UNCTAD's non-binding instruments

Non-binding international legal instruments are classified according to their level of authority granted by member States. Thus, even if considered soft law instruments, the first category represents those that have been agreed by member States as non-binding and have the highest authority among the soft law instruments.

Other non-binding legal instruments are presented from an authoritative point of view and usually produced by the UNCTAD secretariat in some cases in collaboration or jointly with other Organizations.

Non-mandatory rules may include a substantive set of rules designed for incorporation into commercial contracts as well as standards.

Principles present the fundamental objectives, values, criteria and interpretation sources and lines of action. They are generally acknowledged as the basic standards that are used for the understanding, interpretation and application of the law in various contexts.

Guidelines tend to present advisory opinions on the best implementation and application practices to carry out a specific policy objective.

Model laws aim to harmonize implementing legal frameworks so that member States can translate their legal obligations under international treaties within their national legislation.

Codes of conduct provide a collection of guiding rules to demonstrate compliance on a voluntary basis within a specific legal framework or sector/industry (but note the UN Convention on a Code of Conduct for Liner Conferences (above), which is a binding legal instrument, in force internationally.

Frameworks refer to a technical roadmap used to address or implement a specific political objective.

Finally, drafts of non-binding instruments are listed. These drafts demonstrate the political willingness of member States to engage in the regulation of a specific topic without showing a higher level of commitment due to a lack of consensus by member States.

Non-binding legal instruments adopted by member States (in chronological order)

Other non-binding legal instruments (in chronological order)

Non-mandatory rules, standards and model clauses in the field of transport

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Principles

Guidelines/Guidance

Frameworks

Drafts of non-binding of legal instruments