Overview
ABSTRACT
The diversity of existing law systems, emphasized by globalization, has led the actors of international affairs to familiarize themselves with the main characteristics of the major law systems. This approach allows for better anticipation of the differences existing between the various national law systems. The objective of the development of a lex mercatoria is to secure and facilitate international commercial relationships. In order to achieve this, it has been necessary to implement instruments such as bilateral and multilateral conventions between the various States and develop uniform laws or the soft law approach as well as codification proposed by private organisms. This has led to the creation of a common set of standards where national law nonetheless prevails.
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Anne DEYSINE: Professor at Université Paris Ouest-Nanterre La Défense - Lawyer and graduate of the Institut d'études politiques de Paris - Head of Master 2 in International Business and Intercultural Negotiation
INTRODUCTION
As a result of globalization, those involved in international activities are confronted with a diversity of legal systems. It is therefore important that these players, both public (States and international organizations) and private (companies), familiarize themselves with the main features of the major legal systems (common law, Romano-Germanic, Muslim law), as defined and described by the great jurist René David, so as to better anticipate the divergences between different national laws.
Furthermore, to secure and facilitate international trade relations, States and private players have developed a Lex mercatoria through instruments such as :
bilateral and multilateral agreements between states ;
the drafting of uniform laws (Unidroit);
soft law and the codifications proposed by private bodies such as the International Chamber of Commerce (ICC), the most widely used of which are the Incoterms and the rules and customs governing documentary credit and autonomous guarantees.
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Legal environment for international business
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