The Future of Harmonization - Essay Example

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Name Institution Table of Contents INTRODUCTION 2 A history of harmonization 3 Soft law vs. hard law 5 THE DIFFERENCE BETWEEN SOFT LAW AND HARD LAW 5 INTERNATIONAL CONVENTIONS, SOFT LAW, AND COMPETITION 9 The UCP as the embodiment of philosophy 10 INTERNATIONAL CONVENTIONS AND FRAGMENTARY LAW 12 Characteristics of the international convention 15 NATIONAL DISTRUST AND LEGAL CONFLICT IN THE CISG 16 PICC ALTERNATIVE 17 INTERNATIONAL CONVENTIONS PREFER RIGIDITY OVER FLEIBILITY 20 THE FUTURE OF EU AND HARMONISATION 22 Conclusion 23 References 24 INTRODUCTION International trade boomed immediately after the Second World War…
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Download file to see previous pages This growth has led to a rising demand for the legal system to work together as well as the need for harmonization. Note that increase in trade is not the main reason why there should be a legal system taking care of activities in the market. The growth provides a base and context where harmonization of sales law should be approached. For a contract to be recognized it has to pass through a number of legal systems so as to keep problems in check. If there is an absence of coordinated law, then the private international law can be used to keep things sane. These rules may be difficult to apply if the governing law has been established. The traders may be forced to apply the local legal system which does not keep in mind the needs of an international standard. It may be worse if there is a lack of enforcement mechanisms in certain jurisdictions. A history of harmonization It is therefore of no doubt that international sales are in dire need for a harmonious legal system which will bypass local boundaries to be international. ...
The United Nations took part in the regulation of international trade rules after the Second World War. It created many international organizations and developed a United Nations Commission on International Trade law which did well in trying to find a solution to a harmonious law which could be used globally. It was this group that came up with CISG as its first efforts to harmonization of trade among the different stake holders. Many regional organizations came into existence in this period. There was the European Union, Common market of the Southern Cone, North American Free Trade Agreement, Common Market of Eastern and Southern Africa and Southern African Development Community. The main reason why these organizations emerged was due to commercial and economic development. Harmonization of Business Law in Africa steered a number if ministers to have a need in adopting a collection of laws that will be effective in member stake holders (member countries)3. These laws were beyond the countries’ legal system. Harmonization activities are slow because of different countries having different believes and traditions therefore different laws. Harmonization of sales laws can take place in two levels which are the regional level and international level. Soft law vs. hard law Currently a lot of capital, time and man power is being spent on international harmonization and these efforts are not actually bearing any fruits4. An international convention is the vague process that has been used to solve this problem. The biggest issue about conversation is that much is talked about but little is done. “By intervening in the legal market place, underestimating public distrust and legal disagreement as well as insisting on uniformity, ...Download file to see next pagesRead More
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