Books Developments in PIL Scholarship

Gama on the UNIDROIT Principles and the Law Governing International Contracts

Collected CoursesThe Hague Lectures of Lauro Gama (Pontifical Catholic University of Rio de Janeiro) on the Unidroit Principles and the Law Governing International Commercial Contracts (Les principes UNIDROIT et la loi régissant les contrats de commerce international) were published in volume 406 of the Collected Course of the Hague Academy of International Law.

The book is written in French, but the author has kindly provided the following abstract in English:

This course outlines the challenges related to the application of the UPICC as the law governing international commercial contracts. It examines the UPICC both in the context of disputes submitted to State courts and arbitration, and how and why the UPICC differ from domestic law and international conventions in the role of governing law. It also analyses cases in which the UPICC apply as primary or subsidiary governing law. In addition, the course highlights the limits of the current rules of private international law to deal with the new kind of normativity represented by the UPICC. Traditional conflict rules tend to prevent both the choice and application of a non-state law such as the UPICC, as well as the concomitant use of multiple normative instruments as law applicable to the merits of a dispute. As a substantive non-state law in motion, a “work in progress” in permanent dialogue with domestic law and international conventions, the UPICC remains a challenge from the point of view of private international law.

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