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Testing the Model Soft Law Approach to International Harmonisation: A Case-Study Examining the UNICITRAL Model Law on Cross-Border Insolvency

Testing the Model Soft Law Approach to International Harmonisation: A Case-Study Examining the... Testing the Model Soft Law Approach to International Harmonisation: A Case-Study Examining the UNCITRAL Model Law on Cross-Border Insolvency Kent Andersorr I. Introduction It is an obvious problem. People and organisations are interacting internationally, yet each country has its own unique laws. The real and potential conflict between these two facts is particularly apparent in the pragmatic world of private commercial actors. The chief proposition for addressing this situation is equally simple. If there was only one law - say a world law - then there would be no conflict and all cross-border transactions would flow that much more smoothly. The problem is as old as the nation-state system and this standard answer is of the same vintage. The more difficult practical question, however, is how to achieve standard law in a global system that is based on state sovereignty and still celebrates differences. Harmonisers have thought up an infinite number of ways to achieve this standard law, but generally these ideas fall into one of five approaches. First is the 'Global Hard Law Approach' taken by much of public international law, which generally requires a multilateral convention or an international regulator such as the World Trade Organization (WTO).3 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Australian Year Book of International Law Online Brill

Testing the Model Soft Law Approach to International Harmonisation: A Case-Study Examining the UNICITRAL Model Law on Cross-Border Insolvency

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0084-7658
DOI
10.1163/26660229-023-01-900000002
Publisher site
See Article on Publisher Site

Abstract

Testing the Model Soft Law Approach to International Harmonisation: A Case-Study Examining the UNCITRAL Model Law on Cross-Border Insolvency Kent Andersorr I. Introduction It is an obvious problem. People and organisations are interacting internationally, yet each country has its own unique laws. The real and potential conflict between these two facts is particularly apparent in the pragmatic world of private commercial actors. The chief proposition for addressing this situation is equally simple. If there was only one law - say a world law - then there would be no conflict and all cross-border transactions would flow that much more smoothly. The problem is as old as the nation-state system and this standard answer is of the same vintage. The more difficult practical question, however, is how to achieve standard law in a global system that is based on state sovereignty and still celebrates differences. Harmonisers have thought up an infinite number of ways to achieve this standard law, but generally these ideas fall into one of five approaches. First is the 'Global Hard Law Approach' taken by much of public international law, which generally requires a multilateral convention or an international regulator such as the World Trade Organization (WTO).3

Journal

The Australian Year Book of International Law OnlineBrill

Published: Jan 1, 2004

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