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The creation of international commercial law: Sovereignty felled?

Gopalan, Sandeep 2004, The creation of international commercial law: Sovereignty felled?, San Diego international law journal, vol. 5, pp. 267-322.

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Title The creation of international commercial law: Sovereignty felled?
Author(s) Gopalan, Sandeep
Journal name San Diego international law journal
Volume number 5
Start page 267
End page 322
Total pages 56
Publisher University of San Diego, School of Law
Place of publication San Diego, Calif.
Publication date 2004-01-01
ISSN 1539-7904
Keyword(s) international commercial law
harmonization
secured transactions
cisg
arbitration
Summary The creation of international commercial law presents an interesting paradox for proponents of sovereignty in international law. Indeed, it could be argued that the creation of international commercial law is the vanishing point of sovereignty in that nation states are becoming increasingly less important in the creation of international commercial law with the growth of regional organizations, non-state actors, and international arbitration. This is spurred on by the march of globalization and the consequent need for international commercial law. The term "harmonization" will be used as a surrogate to discuss the creation of international commercial law, as it is the primary means by which international commercial law is created. This article seeks to chart this trend and show that nation states are being marginalized and will become significantly less relevant as more and more international legal instruments are created. In Part II, I paint the landscape against which the process is evolving; in Part III, I will demonstrate the growing role of regional endeavors at harmonization; and in Part IV, I will attempt to draw broad themes that establish that nation states will increasingly have a secondary role in the creation of international commercial law.
Language eng
Field of Research 180199 Law not elsewhere classified
Socio Economic Objective 940499 Justice and the Law not elsewhere classified
HERDC Research category C1.1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2004, University of San Diego, School of Law
Persistent URL http://hdl.handle.net/10536/DRO/DU:30078382

Document type: Journal Article
Collection: Law
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