Volume 21, Issue 1 (2017)
CLR 2017, 21(1): 131-148 |
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Ghanavati J, Abbas Vafaea M. A Study on Legal Status of International Commercial Soft Law. CLR 2017; 21 (1) :131-148
URL: http://clr.modares.ac.ir/article-20-3864-en.html
URL: http://clr.modares.ac.ir/article-20-3864-en.html
1- Associate Professor, Faculty of Law, University of Tehran, pardis Farabi,, Tehran, Iran.
2- Ph.D. student, Faculty of Law, University of Tehran, pardis Farabi,, Tehran, Iran.
2- Ph.D. student, Faculty of Law, University of Tehran, pardis Farabi,, Tehran, Iran.
Abstract: (8450 Views)
International commercial rules not ratified by governments are divided into two categories. Some of them are designed to be incorporated by the parites of a international contract, such as incoterms, others are conventions and model laws designed to ratified as hard law by government but not yet ratified. In this paper we tackled the question what is the legal status of International Commercial Soft Law. In this regard, we disregarded the discrepancies existing in public international law works. In sum, the legal status of such rules is mainly dependent on principle of freedom of contract and principle of autonomy and how and to what extend commercial customes are recognized by different jurisdictions. Internaiotnal Commercial Soft Law has found a special position in international trade for several reasons, such as involvement of commercial and industrial practitioners in drafting of such rules, development of democracy, liberalization of economy, globalization of trade and so on.
Received: 2016/03/25 | Accepted: 2017/05/22 | Published: 2017/05/22
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