Documents/DOSFACA165/1: Recommandations

1: Recommandations

International unification of private law generally in the United States involves concerns of state law interests, usually paralleling and based on areas of the law that have already been the subject of unification as between ther states. While the international organization process requires federal involvement, as a policy matter the Department defers to the lead taken by state law bodies, and depends on private sector and state authorities' views. Neither the Department of State nor other federal agencies can provide the legal expertise in the many fields of private law involved. There is thus a critical need for experts from the private sector to provide guidance for the formulation of federal policy in this field, in order for U.S. interests to be effectively set out and protected. Private sector review is also essential following completion of conventions and model national laws in order for the Department or other federal agencies to be able to assess whether the U.S. may wish to consider becoming a party to any proposed treaty system or to implement international standards by other means, through legislation, adoption by business or other associations or private-sector groups or otherwise. The Advisory Committee process provides aninteractive means to obtain necessary private-sector expertise to perform these functions on an uncompensated basis. The Committee provides a forum that does not exist elsewhere, at minimal cost, which assures both an effective governmental process and that the private sector and state interests remain fully involved and informed.

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