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Le Rôle du Jugement Étranger dans l'Interprétation du Droit Conventionnel Uniforme

Le Rôle du Jugement Étranger dans l'Interprétation du Droit Conventionnel Uniforme
  • Year of publication 2013
  • 472 pages
Author:Marie-Camille Pitton
Series:International Commerce and Arbitration (volume 13)
Categories: Law Business and Commercial Law
Law Comparative Law / Conflict of Laws
Icon_printbook 978‐94‐90947‐81‐1 | hardcover | 1st edition | € 87,00 / $ 117,45 / £ 92,22

This publication was written in French but contains English summaries

In common law countries, it is widely accepted that a judgment contains such a norm that can have a general application. In such countries, judgments are accepted as a source of law. The legal interpretation they contain could and should be followed in cases presenting certain factual similarities. It is interesting to note that judges in common law countries tend to consult not only judgments emanating from their national courts but also, and especially in difficult cases, foreign judgments. The unification of international commercial law was undertaken decades ago. This enterprise has been perceived as a tool for promoting international trade by providing for a uniform set of rules applying in a certain field of activity, i.e., the international sale of goods, the enactment of letters of guarantee, etc. However, and despite many conventions that have been drafted, signed, and ratified by an increasing number of countries, uniformity remains an elusive goal. The purpose of this work is to study how the consultation of foreign judgments interpreting uniform law conventions would be a powerful tool to overcome the so-called problem of divergent interpretation of uniform law conventions.

Target group

This publication is aimed at academics and practitioners working in the field of constitutional law and judges.

Author's information

Marie-Camille Pitton is a lawyer in France specialized in International Arbitration and Litigation.

 

 

Journal du droit international July 2015

review by Claude Witz

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