New Trends in the Making of International Commercial Law

50 Pages Posted: 23 Apr 2014

See all articles by Sandeep Gopalan

Sandeep Gopalan

Deakin University, Geelong, Australia - Deakin Law School

Date Written: April 22, 2004

Abstract

This paper analyzes trends in the making of international commercial law including the impetus for generating conventions, the growth of regional conventions, and soft law.

There has never been a better time to be an international commercial law scholar. After decades of being held hostage to state-centered ideas, international commercial law has finally broken through to become more solution oriented. Increasingly, nation states are becoming less important in the creation of international commercial law with the growth of regional organizations, non-state actors, and international arbitration. This is spurred on by the march of globalization and the need for international commercial law. The term "harmonization will be used as a surrogate to discuss the creation of international commercial law as it is the primary means by which international commercial law is created. This article seeks to explore two preponderant trends that have become visible in the making of international commercial law. In Part I, I shall describe the background. In Parts II and III, I will highlight the growing role of regional endeavors at harmonization, and the rise of non-binding instruments.

Keywords: transnational commercial law, CISG, EU, UNIDROIT

Suggested Citation

Gopalan, Sandeep, New Trends in the Making of International Commercial Law (April 22, 2004). Available at SSRN: https://ssrn.com/abstract=2427980 or http://dx.doi.org/10.2139/ssrn.2427980

Sandeep Gopalan (Contact Author)

Deakin University, Geelong, Australia - Deakin Law School ( email )

221 Burwood Highway
Burwood
Burwood, Victoria 3125, Victoria 3125
Australia

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