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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, 5. ISSN 1539-7904

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Abstract

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.

Item Type: Article
Keywords: international commercial law; harmonization; secured transactions; cisg; arbitration;
Subjects: Social Sciences > Law
Item ID: 2456
Depositing User: Prof. Sandeep Gopalan
Date Deposited: 02 Mar 2011 15:08
Journal or Publication Title: San Diego International Law Journal
Publisher: University of San Diego School of Law
Refereed: Yes
URI:

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