Harmonisation in a Global Context: The ALI/UNIDROIT Principles
This chapter stresses the growing problem of transnational disputes due to commercial globalisation, and the difficulties arising from the application of the rule of the procedural lex fori. A procedural unification of national systems being impossible for various reasons, the only viable solution would be the harmonisation of such systems, at least when transnational litigation is involved. Harmonisation is a matter of degree, and the main issue is to determine what could be harmonised. The ALI/UNIDROIT Principles could be taken as a sort of ‘model law’ providing standards and rules for the harmonisation of national procedures. They are specific and general enough to represent a model for the harmonisation of the most important structural and functional elements of procedural systems.
KeywordsNational System National Court Procedural System Procedural Regulation Procedural Rule
- ALI/UNIDROIT (2006) Principles of transnational civil procedure. Cambridge University Press, CambridgeGoogle Scholar
- Hazard G (2006) A Drafter’s reflections on the principles of transnational civil procedure. In ALI/UNIDROIT. Principles of transnational civil procedure. Cambridge University Press, CambridgeGoogle Scholar
- Storme M (ed) (1994) Rapprochement du droit judiciaire de l’Union européenne/Approximation of judiciary law in the European Union. Martinus Nijhoff, DordrechtGoogle Scholar