This thesis analyses three issues raised by the application of the general principles of law to commercial arbitration. First, it is essential to assess the core and the substance of the general principles of law. Our first hypothesis purports that the UPICC reduces considerably the uncertainty of the general principles of law in international trade. Secondly, an analysis of the nature of the UPICC is needed, in order to determine whether they have the essential features of a transnational norm and can thus escape the application of national legal norms. We will thus analyse the existing mechanisms to assure the autonomy, of PUCCI, from national law. Thirdly, we will analyse the legitimacy of the UPICC. In doing so, we shall refer to the concept of reflexive legimitacy, a legitimacy obtained through the consensus of the merchant community. This reflexive legitimacy over the UPICC is generally admitted. Two rules within the UPICC, however, raise doubts and concerns over their acceptability in the merchants' community: the hardship and the gross disparity provisions. (Abstract shortened by UMI.)

Univ., Diss.--Freiburg, 2004. / Literaturverz. S. 195 - 203.

LL.M. (International Commercial Law) / In 2006 the governing body of the Hague Conference on Private International Law furnished the Secretariat with a mandate to conduct a series of feasibility studies on the development of an instrument, relating to the choice of law in international contracts. The outcome of these studies was largely successful, finding that there was a need for an instrument of this nature and additionally it would be welcomed by the international legal community. In 2009 the Permanent Bureau of the Hague Conference on Private International Law was invited to form a Working Group (WG) to draft a soft-law instrument affirming party autonomy in international contracts on an international level. The Hague Principles on Choice of Law in International Commercial Contracts (P) was, thus, born. The P were drafted by a panel of experts representing the majority of the world’s legal systems. The working group commentary (WGC will be used to refer to the commentary, whilst WG will be used to refer to refer to the working group itself) which provided the discussions in respect of, and the reasoning behind, the principles has been invaluable in writing this dissertation. The purpose of this dissertation is to investigate the compatibility of Australian and South African law with the P. One of the aims of the P mentioned specifically in the preamble is that these principles are to be used by countries as a model with which to develop their own rules of private international law. A study of the current law as it stands in comparison to the P marks the first step in this exercise, through finding where the law differs we can begin to bridge the disparity between a specific country’s legal system and that of the P. Should the P become an important part of the private international law discourse comparative studies such as this will become common-place. The fact that the principles were drafted as a soft-law instrument is in line with the growing world trend. The flexibility that is achieved through the use of a soft-law instrument may lead to greater legal certainty down the road as contracting parties and international lawyers alike become more familiar with the principles. This familiarity may lead to consensus among experts from around the world and eventually invite the prospect of a binding instrument being drafted...

LL.M. (International Commercial Law) / Please refer to full text to view abstract

L.LM. (International Commercial Law) / Please refer to full text to view abstract

LL.M. (International Commercial Law) / The principle of party autonomy is a fundamental characteristic of private international law. The contracting parties’ freedom of choice regarding the law governing their contract is one which optimises the fundamental principle of party autonomy. It is generally accepted that a choice of a governing law by the parties should be respected by adjudicating bodies such as domestic courts and arbitral tribunals. It would often benefit contracting parties to choose a neutral legal system so that there will be a “fair playing field” in case a dispute arises between them. However, some domestic legal systems and regional, supranational and international commercial instruments limit the choice of law to that of a recognised domestic legal system. Accordingly, choosing the UNIDROIT Principles on International Commercial Contracts as governing law will, in most cases, not be a viable option for the parties concerned. Such a limitation on the choice of a governing law does not promote the fundamental principle of party autonomy, which is characteristic of private international law. Parties to an international commercial contract should be able to choose a non-state system of law to govern their contract. The UNIDROIT Principles of International Commercial Contracts provide a comprehensive, complete and easily obtainable system of law compiled by legal experts in the various fields which form part of international commercial law. It follows a via media system of law with regards to Civil Law and Common Law legal systems. This paper will discuss the principle of party autonomy, as well as the possibility of a choice of non-state law, in particular the UNIDROIT Principles of International Commercial Contracts, as the law governing an international commercial contract. The choice of law will be discussed with reference to the position taken in domestic courts as well as that in international arbitration. To review the impact and success of the UNIDROIT Principles in the realm of international commercial contracting, various international commercial instruments will be discussed.

Siendo la obligación de sumisión un tema muy poco estudiado, sobre todo a nivel nacional, la presente investigación tiene como objetivo estudiar la obligación de sumisión y determinar su eficacia a partir del análisis del comportamiento del Estado peruano en relación con esta obligación durante el periodo 2012-2016 / Tesis

Pas de résumé / No summary