Unification and Harmonization of International Commercial Law Interaction or Deharmonization?

Transcription

1 CONFERENCE Unification and Harmonization of International Commercial Law Interaction or Deharmonization? How Conventions, Principles, Model Contracts and other Formal Instruments Interact with each other and their Relation to Party Autonomy and Contract Practice. The unification and harmonization of international commercial law is a well-known phenomenon and is facilitated by different means, e.g. by adopting Conventions like the CISG (The Convention on Contracts for the International Sale of Goods), by Directives in the EU, by Principles like the UPICC (UNIDROIT Principles of International Commercial Contracts) and the PECL (the Principles of European Contract Law) or by way of international model contracts, e.g. the ICC Model International Sale Contract. In this way, a formal reference for unification or harmonization is created and theoretically this should promote the end result: a uniform or harmonized law for international commercial transactions. However, the result is not always as intended e.g. because the surrounding background law and different legal traditions do not always support a uniform application of the different formal instruments. Furthermore, party autonomy is playing an important role in this context e.g. by way of choice of law and jurisdiction and by way of implementing principles or model contracts into the contract. International contract practices, usages and standard terms also play an important

2 role as informal instruments in the development of uniform or harmonized international commercial law, simply by the way it forms an informal uniform or harmonized law in practice. This is often referred to as Lex Mercatoria or the like. In this context, it is important to consider whether there should be a preferred way of developing a uniform or harmonized International Commercial Law, how different means of unification and harmonization of international commercial law interact with each other and how conventions, principles etc. interact with party autonomy and contract practice. What are the benefits of a more formal way of harmonization and unification? What are the benefits of unification and harmonization by means of party autonomy and contract practice? How do these formal and informal ways of unification and harmonization interact and how do they compete? Is there a preferred way of harmonization or is it impossible to decide which method should be the preferred one? Should the interaction and tension be seen as a positive and necessary step in the further development of a uniform or harmonized law? Will the different international instruments rather give rise to new complicated questions, i.e. which of several international instruments are applicable or what order of priority should apply? Join this conference as some of the most prominent researchers present and discuss the recent and future trends in the unification and harmonization of International Commercial Law. The conference will take place on Monday 19 and Tuesday 20 October 2009, at the School of Law,, Denmark. Professor Morten M. Fogt Associate professor René Henschel Professor Hans Henrik Edlund Department of Private Law Department of Business Law Department of Business Law School of Law Aarhus School of Business Aarhus School of Business Faculty of Social Sciences

3 CONFERENCE: CONCEPTS AND AIMS OF UNIFICATION AND HAR- MONIZATION The conference will be held at: Bartholins Allé 3 DK8000 Aarhus C Søauditoriet no. 2, building no

4 Programme: Monday 19 October 2009: 13:00-17:45 Concepts and Aims of Unification and Harmonization: 12:00: Lunch at Samfundsfagenes Kantine, 1st floor,, Bartholins Allé 8, 8000 Aarhus C. 13:00: The Concept of Unification and Harmonization Professor Hans Henrik Edlund 13:30: Harmonization of European Private Law: what can Roman Law teach us; what can it not? Professor Pascal Pichonnaz: 14:00: Uniformity and Harmonization by means of analytical and synthetic comparative Law Associate professor René Franz Henschel: 14:30: Coffee 15:15: Uniformity and Harmonization in Private International Law Professor Morten M. Fogt: 15:45: The UNIDROIT Principles and the Harmonization of Commercial Law Professor M. J. Bonell: 16:15: The Case of Security over Movables: Is Reform Possible? Attorney at Law Harry C. Sigman: 16:45: Introduction to Panel Discussion: The Business of Unification of Private Law (Harry C. Sigman) 17:00: Panel Discussion: Chair: Harry C. Sigman 19:30: Dinner in the centre of the city of Aarhus Tuesday 20 October 2009: 08:30-16:30 Methods of Unification and Harmonization: Global: 08:30: De facto Harmonization by means of Party Autonomy and Model Contract Clauses Professor Filip De Ly: 09:00: Uniformity and Lex Mercatoria Associate professor Ana M. López-Rodríquez: 09:30 Coffee 10:00: Harmonization and Unification by the means of General Principles Professor Ulrich Magnus: 10:30: Uniformity or Harmonization by Case Law the CISG and the Global Jurisconsultorium Lecturer Camilla Baasch Andersen: 11:00: Panel Discussion: Chair: Professor Mads Bryde Andersen National and Regional: 11:30: The Scandinavian Perspective in Comparative Context: Nordic Codes, American Models, and European Influence Professor Joseph Lookofsky: 12:00: European Harmonization and the DCFR Professor Eric Clive: 12:30: Lunch at Samfundsfagenes Kantine, 1st floor,, Bartholins Allé 8, 8000 Aarhus C. 13:30: Harmonization within CIS (Commonwealth of Independent States) Professor Alexander Trunk: 14:00: Commercial Law Harmonization in Latin America Professor Carlos Rohrman: 14:30: Coffee Closing Remarks: 15:30-16:00: Honorary speaker Professor Ole Lando: The Structure of National Codes and International Principles (PECL, UPICC, DCFR) Final Panel Discussion: 16:00-16:30: The Effect of Multiple Means of Harmonization Interaction or Deharmonization (Chair: Eric Clive)

5 Time, place and price Monday 19 October 2009: 13:00-17:45 Tuesday 20 October 2009: 08:30-16:30 Registration deadline: 2 October 2009 Registration Please use our on-line registration form at Kurser og konferencer Bartholins Allé 3 DK-8000 Aarhus C Room: Søauditoriet no. 2, building no Euro: 160 DKK: 1,200 The above price includes conference papers and meals during the conference except dinner Monday 19 October at 19:30. The cost of this dinner is approx. Euro 75/DKK 550 Payment is binding after registration deadline. VAT will not be charged. A 15% discount will be given to members of ASB Alumni, C3, NOCA and Oeconforeningen, AU Further Information ASB Executive Course and conference coordinators Lene M. Pedersen, phone Lone Damsgaard, phone: kursus@asb.dk The conference is a coorporation between School of Law, and Department of Business Law, Aarhus School of Business,. Read more at and sign up for our newsletter