{"title":"Jalons pour un droit uniforme de la preuve dans l’espace OHADA","authors":"Julien-Coomlan Hounkpe","doi":"10.1093/ulr/unab021","DOIUrl":"https://doi.org/10.1093/ulr/unab021","url":null,"abstract":"","PeriodicalId":42756,"journal":{"name":"Uniform Law Review","volume":"12 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85450157","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"News from the United Nations Commission on International Trade Law (UNCITRAL): The Work of the Fifty-fourth Commission Session","authors":"Anne Mostad-Jensen","doi":"10.1093/ulr/unab030","DOIUrl":"https://doi.org/10.1093/ulr/unab030","url":null,"abstract":"","PeriodicalId":42756,"journal":{"name":"Uniform Law Review","volume":"44 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74913569","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"News from the Hague Conference on Private International Law (HCCH)","authors":"","doi":"10.1093/ulr/unab029","DOIUrl":"https://doi.org/10.1093/ulr/unab029","url":null,"abstract":"","PeriodicalId":42756,"journal":{"name":"Uniform Law Review","volume":"2007 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138538582","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article builds on a similar article written ten years ago and published in the Uniform Law Review. It tries to build a bridge between the academic world and the world of practitioners with regard to the perception of the Unidroit Principles.
{"title":"Overcoming Obstacles to the Application of the Unidroit Principles: Proposal for a Descriptive Choice of the Unidroit Principles Clause","authors":"Eckart J. Brödermann","doi":"10.1093/ulr/unab027","DOIUrl":"https://doi.org/10.1093/ulr/unab027","url":null,"abstract":"\u0000 The article builds on a similar article written ten years ago and published in the Uniform Law Review. It tries to build a bridge between the academic world and the world of practitioners with regard to the perception of the Unidroit Principles.","PeriodicalId":42756,"journal":{"name":"Uniform Law Review","volume":"6 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79474722","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Erratum to: Organismes de placement collectif en valeurs mobiliéres et bourse des valeurs mobiliéres de l’Afrique centrale","authors":"Désiré Gatchoup Tchinda","doi":"10.1093/ulr/unab028","DOIUrl":"https://doi.org/10.1093/ulr/unab028","url":null,"abstract":"","PeriodicalId":42756,"journal":{"name":"Uniform Law Review","volume":"41 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76175815","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Legal standardization traditionally played an important role in contractual relations. With technological and commercial development and expansion of trade from the individual and collective levels to internationalization, it became necessary to create a set of standards to keep pace with this development and facilitate the contractual process. Although smart contracts are considered a leap in the contractual relationship, it cannot be overlooked that these contracts share many characteristics with traditional contracts. To gain a greater position in the global market, smart contracts also need to be well functioning and efficient. In this context, the article tackles the phenomenon of legal standardization and identifies the main weaknesses of smart contracts—to answer two crucial questions: how can these contracts be smarter, and how should we employ standardization to ensure their efficiency?
{"title":"Increasing standardization for smart(er) contracts","authors":"Tarek Kadour Aleinieh, L. Zoboli","doi":"10.1093/ulr/unab022","DOIUrl":"https://doi.org/10.1093/ulr/unab022","url":null,"abstract":"\u0000 Legal standardization traditionally played an important role in contractual relations. With technological and commercial development and expansion of trade from the individual and collective levels to internationalization, it became necessary to create a set of standards to keep pace with this development and facilitate the contractual process. Although smart contracts are considered a leap in the contractual relationship, it cannot be overlooked that these contracts share many characteristics with traditional contracts. To gain a greater position in the global market, smart contracts also need to be well functioning and efficient. In this context, the article tackles the phenomenon of legal standardization and identifies the main weaknesses of smart contracts—to answer two crucial questions: how can these contracts be smarter, and how should we employ standardization to ensure their efficiency?","PeriodicalId":42756,"journal":{"name":"Uniform Law Review","volume":"231 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79696644","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The international economy was drastically changed by COVID-19. As the pandemic is causing similar problems in different jurisdictions, uniformized solutions are required to have more certainty in a global economy. This is an opportunity for the uniform regulation of international contracts such as the Unidroit Principles. The provisions of the Unidroit Principles, such as force majeure and hardship, may provide parties, adjudicators, and legislators with uniform solutions to common problems caused by the pandemic.
{"title":"Unidroit Principles and the COVID-19 Economy","authors":"Augusto Garcia Sanjur","doi":"10.1093/ulr/unab031","DOIUrl":"https://doi.org/10.1093/ulr/unab031","url":null,"abstract":"Abstract The international economy was drastically changed by COVID-19. As the pandemic is causing similar problems in different jurisdictions, uniformized solutions are required to have more certainty in a global economy. This is an opportunity for the uniform regulation of international contracts such as the Unidroit Principles. The provisions of the Unidroit Principles, such as force majeure and hardship, may provide parties, adjudicators, and legislators with uniform solutions to common problems caused by the pandemic.","PeriodicalId":42756,"journal":{"name":"Uniform Law Review","volume":"21 1","pages":"635 - 646"},"PeriodicalIF":0.3,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78666388","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The 2016 Unidroit Principles of International Commercial Contracts (PICC) were the first instrument that explicitly regulated long-term contracts in international commerce. Its main goal was to actualize uniform contract law for the emerging needs of international commerce. Despite this effort, scholars have briefly researched how uniform contract law instruments address international commerce as an economic reality or whether the PICC’s attempt is adequate. The gap in uniform contract law’s—particularly the PICC’s—literature on long-term contracts is odd compared to the completeness of economic literature on the matter. After revealing the pitfalls of the PICC’s regulation, demonstrating the convenience of a thorough review of the economics of long-term contracts, this article elaborates on the necessary character of the connection between uniform contract law and economics. It further reviews the economic research on the factors that prompt long-term contracting and the mechanisms that economic agents designed to address their needs. The overhaul reveals that two paradigmatic economic structures—competitive and cooperative—generally determine the design of long-term contracts. Finally, the article addresses the consequences of including the paradigmatic economic structures of long-term contracts in the PICC rules on contract interpretation and gap-filling.
{"title":"Long-term contracts and the Unidroit PICC: towards a realistic regulation","authors":"Raúl F. Zúñiga Peralta","doi":"10.1093/ulr/unab026","DOIUrl":"https://doi.org/10.1093/ulr/unab026","url":null,"abstract":"\u0000 The 2016 Unidroit Principles of International Commercial Contracts (PICC) were the first instrument that explicitly regulated long-term contracts in international commerce. Its main goal was to actualize uniform contract law for the emerging needs of international commerce. Despite this effort, scholars have briefly researched how uniform contract law instruments address international commerce as an economic reality or whether the PICC’s attempt is adequate. The gap in uniform contract law’s—particularly the PICC’s—literature on long-term contracts is odd compared to the completeness of economic literature on the matter. After revealing the pitfalls of the PICC’s regulation, demonstrating the convenience of a thorough review of the economics of long-term contracts, this article elaborates on the necessary character of the connection between uniform contract law and economics. It further reviews the economic research on the factors that prompt long-term contracting and the mechanisms that economic agents designed to address their needs. The overhaul reveals that two paradigmatic economic structures—competitive and cooperative—generally determine the design of long-term contracts. Finally, the article addresses the consequences of including the paradigmatic economic structures of long-term contracts in the PICC rules on contract interpretation and gap-filling.","PeriodicalId":42756,"journal":{"name":"Uniform Law Review","volume":"111 1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78001646","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
European Union (EU) directives adopt a functional method. This implies that they are drafted on the assumptions that implementing laws are functionally equivalent and, crucially, that the concepts they contain are system neutral without doctrinal commitment. This article primarily tests these assumptions by exploring the definition of title transfer financial collateral arrangements (TTFCA) in the Financial Collateral Directive. It is argued that the Directive offers a stable meaning of a TTFCA that can be identified in most systems, although, in some cases, there are slight conceptual tensions that require a more contextual, rather than a functional, perspective.
{"title":"Identifying a system-neutral meaning of a title transfer financial collateral arrangement in the Financial Collateral Directive","authors":"Obiora Ezike","doi":"10.1093/ulr/unab023","DOIUrl":"https://doi.org/10.1093/ulr/unab023","url":null,"abstract":"\u0000 European Union (EU) directives adopt a functional method. This implies that they are drafted on the assumptions that implementing laws are functionally equivalent and, crucially, that the concepts they contain are system neutral without doctrinal commitment. This article primarily tests these assumptions by exploring the definition of title transfer financial collateral arrangements (TTFCA) in the Financial Collateral Directive. It is argued that the Directive offers a stable meaning of a TTFCA that can be identified in most systems, although, in some cases, there are slight conceptual tensions that require a more contextual, rather than a functional, perspective.","PeriodicalId":42756,"journal":{"name":"Uniform Law Review","volume":"13 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82357030","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A directive on supply chain due diligence applicable to all companies operating on the European Union (EU) market is currently under consideration by the EU institutions. This project, which represents an example of harmonization at the regional level and whose presentation is expected in 2021, places the issue of enterprises’ private procurement process at the heart of the debate. Supply chain strategies are an essential element of any business ecosystem. Therefore, in order for firms to effectively address social and environmental concerns along with the economic dimension, it is necessary to adopt and spread the use of sustainable business practices across the entire supply chain. Currently, due to (i) the diffusion of the ‘triple bottom line’ approach; (ii) the reputational and economic damages arising from numerous scandals concerning the supply chain; and (iii) the growing market value of sustainability, an increasing number of firms have included sustainability requirements in their entire supply chain. This has led to the enhancement of ‘preferred procurement’ policies, such as the green, social, and sustainable procurements. After a brief analysis of the current legal framework and the best practices applied in the field of sustainable private procurement, this study offers some conclusions on (i) the impact of sustainability on the definition of the boundaries of the firm and (ii) the policy shift from self-regulation to statute law in private procurement governance and the benefit of a model statute designed to be adopted by different jurisdictions.
{"title":"Supply chain management and sustainability: the new boundaries of the firm","authors":"Livia Ventura","doi":"10.1093/ulr/unab025","DOIUrl":"https://doi.org/10.1093/ulr/unab025","url":null,"abstract":"\u0000 A directive on supply chain due diligence applicable to all companies operating on the European Union (EU) market is currently under consideration by the EU institutions. This project, which represents an example of harmonization at the regional level and whose presentation is expected in 2021, places the issue of enterprises’ private procurement process at the heart of the debate. Supply chain strategies are an essential element of any business ecosystem. Therefore, in order for firms to effectively address social and environmental concerns along with the economic dimension, it is necessary to adopt and spread the use of sustainable business practices across the entire supply chain. Currently, due to (i) the diffusion of the ‘triple bottom line’ approach; (ii) the reputational and economic damages arising from numerous scandals concerning the supply chain; and (iii) the growing market value of sustainability, an increasing number of firms have included sustainability requirements in their entire supply chain. This has led to the enhancement of ‘preferred procurement’ policies, such as the green, social, and sustainable procurements. After a brief analysis of the current legal framework and the best practices applied in the field of sustainable private procurement, this study offers some conclusions on (i) the impact of sustainability on the definition of the boundaries of the firm and (ii) the policy shift from self-regulation to statute law in private procurement governance and the benefit of a model statute designed to be adopted by different jurisdictions.","PeriodicalId":42756,"journal":{"name":"Uniform Law Review","volume":"20 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85667207","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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