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Harmonisation in a Global Context: The ALI/UNIDROIT Principles

  • Michele Taruffo
Chapter

Abstract

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.

Keywords

National System National Court Procedural System Procedural Regulation Procedural Rule 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

References

  1. ALI/UNIDROIT (2006) Principles of transnational civil procedure. Cambridge University Press, CambridgeGoogle Scholar
  2. 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
  3. Storme M (ed) (1994) Rapprochement du droit judiciaire de l’Union européenne/Approximation of judiciary law in the European Union. Martinus Nijhoff, DordrechtGoogle Scholar

Copyright information

© T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors/editors  2012

Authors and Affiliations

  1. 1.University of PaviaPaviaItaly

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