Methodology of Uniform Contract Law The UNIDROIT Principles in Inter
Despite ever growing international trade and dispute settlement, a consistent international methodology of uniform private law has yet to be formed. The potential of uniform law has not yet been fully recognised. In this book, the author examines uniform
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Maren Heidemann
Methodology of Uniform Contract Law The UNIDROIT Principles in International Legal Doctrine and Practice
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Dr. Maren Heidemann 19F Penzance Street London W11 4QX United Kingdom [email protected]
Library of Congress Control Number: 2006938274
ISBN 978-3-540-44461-9 Springer Berlin Heidelberg New York This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. Springer is part of Springer Science+Business Media springer.com © Springer-Verlag Berlin Heidelberg 2007 The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Production: LE-TEX Jelonek, Schmidt & V¨ ockler GbR, Leipzig Cover-design: Erich Kirchner, Heidelberg SPIN 11861867
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Printed on acid-free paper
Foreword
By Professor Mads Andenas* Maren Heidemann has written an important book on the relationship between national law and international principles in the field of international commercial law. This is a practically important field which is also well suited for theoretical analysis. The book explores the barriers to the use of uniform contract law and the focus is on what Dr Heidemann refers to as ‘legal methodology’. She identifies and analyses the barriers found in national legal systems and the ways in which these can be overcome. She proposes an international contract law methodology and provides us with the outline for such a methodology. Dr Heidemann raises matters of method which go far beyond commercial law and contributes to the understanding of law and the legal process at a more general level. Her own method in approaching this is new. It deserves attention from both scholars and practitioners. Dr Heidemann organises the obstacles to the application of uniform contract law in two main categories. In Part 1 of this book she discusses barriers erected by the traditional theory of contract law. In Part 2 she analyses the approaches by national lawyers in applying uniform law. She explores how their attitudes are formed, why they provide an obstacle to the success of such law, and how they could be changed. The main question is how national legal systems react and adapt to the strong internationalisation in a field such as international commercial law. The answer Dr Heidemann gives us is that they do so rather badly. In her analysis of the different actors (legislators, courts,
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