Journal Article

Rule of law and non-State actors in the international community: are uniform law conventions still a useful tool in international commercial law?

Sergio M. Carbone

in Uniform Law Review

Volume 21, issue 2-3, pages 177-183
Published in print August 2016 | ISSN: 1124-3694
Published online August 2016 | e-ISSN: 2050-9065 | DOI: https://dx.doi.org/10.1093/ulr/unw016
Rule of law and non-State actors in the international community: are uniform law conventions still a useful tool in international commercial law?

More Like This

Show all results sharing these subjects:

  • Comparative Law
  • Private International Law and Conflict of Laws

GO

Show Summary Details

Preview

Until the first half of the XX century the codification of international commercial law has been characterized by the presence and activism of private and non-governmental organization with results not favorable to the interests of developing countries. Such situation has caused a decreasing role of NGO with corresponding increase and dominant role of the intergovernmental organization in the elaboration of uniform law with a negative reaction of NGO during the phase of approval and implementation of the various instruments of the international uniform law into the various national order. To avoid such inconvenience detrimental to the role and function of the uniform law it is therefore necessary to restore a prompt and effective involvement of NGO in the phase of the elaboration of uniform law in the framework of the preparatory works within the UN institutions which shall preserve the success of uniform law and its prevailing effect on the corresponding national provisions where the uniformity requires the effectiveness of mandatory provisions namely towards States and private entities. In light with said conclusion it may also be emphasized the opportunities of the employment of soft law instruments within a constructive dialogue of the various sources towards the most adequate solutions for a uniform law suitable to the development of international trade.

Journal Article.  2559 words. 

Subjects: Comparative Law ; Private International Law and Conflict of Laws

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content. subscribe or login to access all content.