International Commercial Harmonisation and National Resistance – The Development and Reform of Transnational Commercial Law and its Application within National Legal Culture

Abstract

This paper was presented at the W.G. Hart Workshop at the Institute of Advaced Legal Studies on Harmonisation of Laws. The author suggests a two way method of legal harmonsiation where one way is the legislative activity connected with harmonisation and the reciprocal activity is a complementary effort by domestic jursidictions to make harmonised law work. The author demonstrates this method by introducing ways to apply and interpret uniform law and its implementation in domestic laws as well as examining selected issues of transnational law such as cross border litigation, contracting, transnational corporate activity and double taxation.