Unidroit and Africa - Unidroit Principles and African Principles

The chapter on Unidroit and Africa first surveys the role of Unidroit instruments in Africa. Two Unidroit conventions have a substantial African membership (in particular the Cape Town Convention) and the UPICC are well-known in African academic circles, although (as far as the authors could determine) not yet regularly used in African case law (which situation will certainly improve due to intense educational efforts in this regard). Secondly, the relatively strong African participation in the establishment of Unidroit instruments is pointed out, as well as the fruitful relations between Unidroit and African universities (some specific details of the cooperation between Unidroit and the University of Johannesburg are listed). The underrepresentation of African countries in the membership of Unidroit is probably due to economic reasons. It is suggested that Unidroit targets African countries for membership based on specific criteria, as proposed. The increase of the African membership of the HCCH over the past two decades may serve as an example. It is argued that, if the African membership of Unidroit increases by 50 per cent, a second reserved seat on the Governing Council may be justified. The academic focus of the chapter is on the important role of the UPICC (as a substantive law instrument) in the proposed African Principles on the Law Applicable to International Commercial Contracts (as an instrument of private international law), which is discussed against the background of the role of international substantive law approaches in the conflict of laws. In this regard, mention is made of the writings of Juenger and Hardjowahono, with reference to the Mexico City Convention and Brazilian case law. However, the international substantive law influence in the proposed African Principles is of a moderate nature, fully compliant with the basic Savignian structure of much of global private international law.