
The Use of Soft Law in the Creation of Legal Norms in International Commercial Law: How Successful Has It Been?
Author(s) -
Henry Deeb Gabriel
Publication year - 2019
Publication title -
michigan journal of international law
Language(s) - English
Resource type - Journals
eISSN - 2688-5522
pISSN - 1052-2867
DOI - 10.36642/mjil.40.3.use
Subject(s) - soft law , commercial law , law , hard law , comparative law , municipal law , private law , international law , public law , political science , business
In this Article, I examine several interrelated points. After defining soft law in Part II, I briefly set out some of the assumed advantages soft law instruments may have over legislation and regulations in Part III. In Part IV, I examine why some soft law instruments in international commercial law have been successful in creating international legal norms. In this Part, I specifically examine the UNIDROIT Principles of International Commercial Contracts to show how one might gauge success by looking beyond the express purpose of the instrument. I also compare the UNIDROIT Principles of Commercial Contracts with the American Law Institute’s Restatements of Law to show different ways in which soft law instruments might be successful. In Part V, I examine the role international commercial trade usage may play in soft law. Finally, in Part VI, I suggest that the benefits of soft law in international commercial law might only be fully realized over a long timeframe.