Enhancing the Harmonization of Private Law: The Example of Securities Law and the UNIDROIT Convention on Substantive Rules for Intermediated Securities
7 Pages Posted: 14 Jul 2016
Date Written: July 14, 2016
The purpose of any harmonizing instrument in law is to reconcile and balance different legal approaches as well as the underlying interests and national policies of each State. The closer an issue gets to the core of State control and sovereignty, the more difficult it is to achieve international consensus. In this paper, we analyze the ways that the UNIDROIT Convention on Substantive Rules for Intermediated Securities attempts to unify the different approaches or models dealing with the substantive rights connected with intermediated securities, a field traditionally considered a State prerogative is that of capital markets and the regulatory framework for securities.
Keywords: Private international law, Securities Law, Harmonization of Law, Private Law, Geneva Securities Convention, Intermediated Securities
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