Boccini School of Law Student-Edited Papers: The Internationalization of Private Law

Description:

The thirtieth anniversary of the Vienna Convention for the International Sale of Goods calls scholars to analyze the ongoing process of internationalization of Private Law.

Over the last years, the need for a true harmonization of private law that goes beyond the boundaries of national States has led to the elaboration of principles providing uniform regulation of business relations both within a single State as well as in an international context.

Practice of international trade has endeavored to make up for the shortcomings of national law by resorting to self-regulation, namely by framing uniform contract standards. Spurred by the above mentioned phenomena and by the necessity of simplification imposed by the unstoppable process of globalization, academics have felt the need to rely on common legal principles.

In order to meet such needs, lawmakers tend to delegate uniform regulation of increasingly wide areas of private law to international organizations and supranational entities.

Legal scholars and professionals cannot help facing this issue which indeed has great influence on domestic jurisdictions. An illustrative list of relevant subject areas for prospective submissions is:

  • Contract law and supranational regulations:
    • UNIDROIT principles, as examples of a new lex mercatoria, which aim to harmonize and coordinate the private and commercial law of States;
    • The Brussels Convention on Travel Contracts and the Ottawa Conventions on International Factoring and on Financial Leasing;
    • Vienna Convention for the International Sale of Goods
  • Harmonization of private law within the European Union:•
    • The Study Group on a European Civil Code, Acquis principles, Principles of European Contract Law and the Common Frame of Reference;
    • Harmonization of private law through directives and regulations: the European Company, the European order for payment procedure and consumer protection laws;
    • The protection of Intellectual Property rights ;
    • The European Contract Code drafted by the Academy of European Private Lawyers
  • Multilateral agreements:
    • WTO’s contribution to internationalization of private law;
    • TRIPS: the most complete agreement on Intellectual Property
  • The diffusion of the alternative methods of dispute settlement
    • The arbitral clauses: the role of the ICC in the creation of models which guarantee an effective protection of the parties and a prompt definition of the subject in charge of resolving the dispute
    • UNCITRAL Model Law on International Commercial Arbitration;
  • Internationalization of private law from a historical perspective
    • Lex mercatoria and rules developed through merchant practice;
    • Nationalism vs. universalism in the evolution of private law.

Contributions must be sent to submissions@bocconilegalpapers.org by 28th May, 2010, and be written in English or in Italian.

Chosen articles will be published in a dedicated section of the Bocconi Legal Papers website. Additionally, the best contributions – as selected by the Editorial
Board – will further be considered for publication as a book with a corresponding law publisher, subject to the latter’s final approval.

Contact Information:

For further inquiries or questions, please contact the Editorial Board at info@bocconilegalpapers.org

http://www.bocconilegalpapers.org

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