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Symposium Paper: The UNIDROIT Principles of International Commercial Contracts - Achievements in Practice and Prospects for the Future

Australian International Law Journal
Volume 17 (2010)

Abstract: After a brief account of what the UNIDROIT Principles have so far achieved in practice, this article sets out some proposals as to how to promote them from their present status as a mere soft law instrument. A first step in that direction would be a formal recommendation by the United Nations Commission on International Trade Law ('UNCITRAL') to use the UNIDROIT Principles as a means of interpreting and supplementing the United Nations Convention of Contracts for the International Sale of Goods ('CISG'). Another even more significant promotion of their legal status would be a formal recognition of the parties' right to choose the Principles as the law governing their contract. A last - and under the circumstances - the most ambitious way of fostering the legal status of the UNIDROIT Principles would be to adopt them in the form of a model law or alternatively to refer to them as the general contract law in the context of a 'Global Commercial Code'.

To cite this article: Bonell, Michael Joachim. Symposium Paper: The UNIDROIT Principles of International Commercial Contracts - Achievements in Practice and Prospects for the Future [online]. Australian International Law Journal, Vol. 17, 2010: [177]-184. Availability: <http://search.informit.com.au/documentSummary;dn=957884767589905;res=IELHSS> ISSN: 1325-5029. [cited 30 May 16].

Personal Author: Bonell, Michael Joachim; Source: Australian International Law Journal, Vol. 17, 2010: [177]-184 Document Type: Journal Article ISSN: 1325-5029 Subject: United Nations Commission on International Trade Law; Contracts (International law); Conflict of laws--Commercial law; Conflict of laws--Contracts; International Institute for the Unification of Private Law; Peer Reviewed: Yes Affiliation: (1) Professor of Law, University of Rome, Italy

Database: Humanities & Social Sciences Collection