Harmonization and Unification of Law Essay Example | Topics and Well Written Essays - 1250 words

Harmonization and Unification of Law - Essay ExampleOver the years UNCITRAL has developed a subroutine of conventions and rights to deal with trade transactions and business justness associated with international trade (UNCITRAL 2006).Harmonization and unification of law of international trade is the manner through which the law aiding international commerce is created and adopted.Commerce in many countries may be deficient or have inadequate governing laws that may impede international trade. The single-valued function of UNCITRAL is to recognize the existence of such problems in the various lawful systems and methodically formulate laws to be supported and implemented by the different legal systems.The change of Harmonization includes modification of domestic laws to improve predictability in cross-border commercial transactions. Unification is the adoption by states of common legal practices with regards to certain aspects of cross-border commerce (Clift 1999).One of the i ssues that is ignored with implementing legal rules contained within the sphere of harmonization is that of continual change, innovation and revision of organizations and institutions in a competitive legal environment. Harmonization and unification of law may weaken the expansion of legal machinery instead of improving domestic legal systems. This can be as a result of two elements contained within the legal system. ... If the new law and brisk laws are not complementary to each other, harmonization may not be achieved and might actually garble the existing legal system.When law is termed as a cognitive institution it implies that for effective implementation and to enable it to change public behaviour, the law must be tout ensemble understood and accepted by law makers, enforcers and customers including those associated with the legal system.When harmonized law is introduced in a country, although it creates a sweeping change, it also has the effect of isolating the law making p rocess from economic and political development. As a result, it dissociates itself from the process of constant adaptation, improvement and innovation. When it comes to legal innovation it is important to have readily reachable information about the substance of legal rules and about their working in the context of a legal framework in a country. In certain countries laws are required to be context specific, and with a perfect construction of law for widespread implementation it can confound law makers and law enforcers in the receiving countries about how best to use them.As the example of colonization of developing countries illustrates, the imposition of external rules may result in domestic opposition to them. dismantle with perfectly formulated laws, the viability of developing effective legal systems that can effectively enforce laws to international settings is left open to question. And occasionally, cross-border transactions have seen rivalry between private international law and the harmonization of private law. (Hartkamp 2004 p.6) In Europe, with the emergence of the EU as a major economic power the