Choices, Limits and Consequences of Harmonisation of Commercial Law

The harmonisation of private commercial law is constantly progressing andbecoming more complex. New formal or informal means of harmonisationare on a continuing basis added to the already multiple and pluralistic panoramaof harmonisation instruments. New actors in the harmonisation processare added as well, be it at global, regional or national level. In particular regionalharmonisation sets its footprint both internally in the region concernedand externally regarding the legislative competence towards third countries.New (or reintroduced) methods and phenomena for the harmonisation ofcommercial law have been suggested such as a multilateral convention establishinga union for jus commune in matters of international trade or the developmentof a ‘new law merchant’ (lex mercatoria) as a separate autonomouslegal system. Taken together, the harmonisation process with its variousand different means of harmonisation constitutes a circular process interms of a circle of law harmonisation, in which circle there is an interactionbetween, and reciprocal influence of, all the various formal or informal meansof harmonisation.Fil størrelse: 6314 KB