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Unification and Harmonization of International Commercial Law. Interaction or Deharmonization?

Unification and Harmonization of International Commercial Law. Interaction or Deharmonization?

By Morten Fogt


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In theory, the numerous existing formal instruments designed to unify or harmonize international commercial law should achieve the implied (and desired) end result: resolution of the legal uncertainty and lack of predictability in the legal position of traders. However, it is well known that they fall far short of such an outcome. This innovative book – based on a conference held at the University of Aarhus in October 2009 – offers deeply considered, authoritative responses to important practical questions that have still not been answered comprehensively, and that need to be answered for the efficient conduct of international commerce and for the future development of international commercial law. These questions include:

  • Can clearly preferred methods of unification and harmonization be identified?
  • What are the benefits of achieving unification and harmonization by means of party autonomy and contract practice?
  • Is it necessary first to harmonize some aspects of private international law?
  • Which aspects of unification and harmonization should be formal, and which can remain informal?
  • How should formal and informal measures interact?
  • What conflicts are likely to arise, and what resolutions are available?
  • Should tensions be seen as inevitable, positive, and necessary?
  • Which of several international instruments are applicable, and what order of priority should apply?
Sixteen different nationalities are represented, allowing for fruitful discussion across all major legal systems. Prominent scholars and experienced practitioners offer deeply informed insights into how to navigate the complex field of international commercial law with its multiplicity of instruments, and how to resolve or neutralize the possible defects of various different means of unification and harmonization of international commercial law. These insights and proposals are sure to be welcomed by interested academics, practitioners, judges, arbitrators, and businessmen throughout the world at global, regional, and local levels.

Publish Date 07/13/2012
Publish Frequency As Needed
Product Line Kluwer Law International
ISBN 9789041132826
SKU 10058778-0001
Table of Contents

Introduction Morten M. Fogt, Hans Henrik Edlund & René Franz Henschel

Part I Concepts and Aims of Unification and Harmonization

Chapter 1 The Concept of Unification and Harmonization Hans Henrik Edlund

Chapter 2 Harmonization of European Private Law: What Can Roman Law Teach Us; What Can It Not? Pascal Pichonnaz

Chapter 3 The Impact of the UN CISG on the Harmonization of National and International Non-conformity Rules René F. Henschel

Chapter 4 Private International Law in the Process of Harmonization of International Commercial Law: The ‘Ugly Duckling’? Morten M. Fogt

Part II Methods of Unification and Harmonization

Part II.A Global

Chapter 5 Developing Global Transnational Harmonization Procedures for the Twenty-First Century: The Accelerating Pace of Common and Civil Law Convergence-First Decade Update Louis F. Del Duca

Chapter 6 De Facto Harmonization by Means of Party Autonomy and Model Contract Clauses (Lex Mercatoria) Filip De Ly

Chapter 7 Harmonization and Unification of Law by the Means of General Principles Ulrich Magnus

Chapter 8 Uniformity and Harmonization by Case Law: The CISG and the Global Jurisconsultorium Camilla Baasch Andersen

Part II.B National and Regional

Chapter 9 Pragmatism in Nordic Contract Law: Origins, Characteristics, and Consequences Mads Bryde Andersen

Chapter 10 European Harmonization and the Draft Common Frame of Reference Eric Clive

Chapter 11 Harmonization of International Commercial Law within the Commonwealth of Independent States Alexander Trunk

Chapter 12 CESL and Its Precursors Ole Lando

Chapter 13 Final Panel Discussion: The Effect of Multiple Means of Harmonization – Interaction or Deharmonization? Chair: Eric Clive

Table of Cases