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The creation of international commercial law: Sovereignty felled?

Version 2 2024-06-17, 15:35
Version 1 2015-09-21, 12:19
journal contribution
posted on 2024-06-17, 15:35 authored by S Gopalan
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.

History

Journal

San Diego international law journal

Volume

5

Pagination

267-322

Location

San Diego, Calif.

ISSN

1539-7904

Language

eng

Publication classification

C1.1 Refereed article in a scholarly journal, C Journal article

Copyright notice

2004, University of San Diego, School of Law

Publisher

University of San Diego, School of Law