DO WE STILL NEED A CONVENTION IN THE FIELD OF HARMONISATION OF THE INTERNATIONAL COMMERCIAL LAW?
The paper critically discusses the opinion of certain scholars that the use of multilateral treaties (conventions) in the field of harmonisation of international commercial law has been in a state of steady decline. They believe that traditional treaty law has been gradually replaced in recent years...
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| Format: | Article |
| Language: | English |
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Publshing House V.Ема
2016-06-01
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| Series: | BRICS Law Journal |
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| Online Access: | https://www.bricslawjournal.com/jour/article/view/8 |
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| author | A. Korzhevskaya |
| author_facet | A. Korzhevskaya |
| author_sort | A. Korzhevskaya |
| collection | DOAJ |
| description | The paper critically discusses the opinion of certain scholars that the use of multilateral treaties (conventions) in the field of harmonisation of international commercial law has been in a state of steady decline. They believe that traditional treaty law has been gradually replaced in recent years by softer methods of making international law, such as the use of restatements and model laws. Some scholars even claim that treaty law is dead or dying. The work assesses whether this view has reasonable grounds, providing an overview of the most prominent hard law and soft law harmonising instruments and outlining issues relating to the success of conventions, their advantages, drawbacks and tensions arising in this area. The paper suggests that conventions remain necessary where the third party or public interest are at stake, however, further improvements are needed to make conventions more successful instruments in international commercial law. |
| format | Article |
| id | doaj-art-e41337f7992043c1bccb42d02aebe95a |
| institution | Kabale University |
| issn | 2409-9058 2412-2343 |
| language | English |
| publishDate | 2016-06-01 |
| publisher | Publshing House V.Ема |
| record_format | Article |
| series | BRICS Law Journal |
| spelling | doaj-art-e41337f7992043c1bccb42d02aebe95a2025-08-20T03:40:00ZengPublshing House V.ЕмаBRICS Law Journal2409-90582412-23432016-06-0111829710.21684/2412-2343-2014-1-1-1-157DO WE STILL NEED A CONVENTION IN THE FIELD OF HARMONISATION OF THE INTERNATIONAL COMMERCIAL LAW?A. Korzhevskaya0FESCO Transportation GroupThe paper critically discusses the opinion of certain scholars that the use of multilateral treaties (conventions) in the field of harmonisation of international commercial law has been in a state of steady decline. They believe that traditional treaty law has been gradually replaced in recent years by softer methods of making international law, such as the use of restatements and model laws. Some scholars even claim that treaty law is dead or dying. The work assesses whether this view has reasonable grounds, providing an overview of the most prominent hard law and soft law harmonising instruments and outlining issues relating to the success of conventions, their advantages, drawbacks and tensions arising in this area. The paper suggests that conventions remain necessary where the third party or public interest are at stake, however, further improvements are needed to make conventions more successful instruments in international commercial law.https://www.bricslawjournal.com/jour/article/view/8conventionsharmonisation of international commercial lawsoft lawhard lawmultilateral treatiesmodel lawsformulating agencies |
| spellingShingle | A. Korzhevskaya DO WE STILL NEED A CONVENTION IN THE FIELD OF HARMONISATION OF THE INTERNATIONAL COMMERCIAL LAW? BRICS Law Journal conventions harmonisation of international commercial law soft law hard law multilateral treaties model laws formulating agencies |
| title | DO WE STILL NEED A CONVENTION IN THE FIELD OF HARMONISATION OF THE INTERNATIONAL COMMERCIAL LAW? |
| title_full | DO WE STILL NEED A CONVENTION IN THE FIELD OF HARMONISATION OF THE INTERNATIONAL COMMERCIAL LAW? |
| title_fullStr | DO WE STILL NEED A CONVENTION IN THE FIELD OF HARMONISATION OF THE INTERNATIONAL COMMERCIAL LAW? |
| title_full_unstemmed | DO WE STILL NEED A CONVENTION IN THE FIELD OF HARMONISATION OF THE INTERNATIONAL COMMERCIAL LAW? |
| title_short | DO WE STILL NEED A CONVENTION IN THE FIELD OF HARMONISATION OF THE INTERNATIONAL COMMERCIAL LAW? |
| title_sort | do we still need a convention in the field of harmonisation of the international commercial law |
| topic | conventions harmonisation of international commercial law soft law hard law multilateral treaties model laws formulating agencies |
| url | https://www.bricslawjournal.com/jour/article/view/8 |
| work_keys_str_mv | AT akorzhevskaya dowestillneedaconventioninthefieldofharmonisationoftheinternationalcommerciallaw |