Volume 42 | Number 3 Summer 2007
Developing Global Transnational Harmonization Procedures for the Twenty-First Century: The Accelerating Pace of Common and Civil Law Convergence
Summary
- Procedural Options – The New Challenge
- General Considerations – Key Actors – Selecting Harmonization Areas and Procedures
- Conventions: CISG and European Convention on Human Rights
- Model Laws
- Guidelines
- Voluntary Contractual Applicability Texts: Incoterms, Uniform Customs and Practices, Arbitration Rules
- Use of Regulations, Directives, and ‘Mutual Recognition’ Procedures in the European Union
- Use of Conventions, Recommendations, and Exchange of Views in the Council of Europe
- Achieving Uniformity in Practice
- Specific Harmonization Areas
- Case Law as a Source of Law
- The “Goodhart” and “Zweigert-Kötz-Cappelletti” Eras and Entry into the Third Millennium
- Goodhart Era
- Zweigert-Kötz-Cappelletti Era
- Entry into the Third Millennium
- Experience of Constitutional Courts in Europe and Case Law in Civil Law Systems
- Case Law Experience of the European Union: An Example of Civil and Common Law Convergence in Practice
- Other Perspectives: The Role of Precedent in Mexico
- Status of Selected Current Substantive Harmonization Projects
- Principles of European Contract Law
- European Civil Code
- UNIDROIT Principles 2004: A Further Step Toward a Global Contract Law
- Global Commercial Code
- Other International Regimes’ Impact on Convergence: UNCITRAL and the World Trade Organization
- Principles and Rules of Transnational Civil Procedure – An ALI and UNIDROIT Cooperative Harmonization Project
- Impact of Electronic International Reporting Systems on Convergence
Footnotes
For complete footnote citations, download the PDF.