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LEX MERCATORIA, SOFT LAW AND A CLOSER APROACH OF UNIDROIT PRINCIPLES

Loredana Ioana BUCUR

 

Abstract

Lex mercatoria or trade usages continue to be the core of the international legislation and

principles. Soft law is a new variation of lex mercatoria with certain particularities.

Soft law is an instrument usually considered as non-binding but nevertheless with much

potential for morphing into "hard law" in the future by two different ways: one is when declarations,

recommendations, etc. are the first step towards a treaty-making process, in which reference will be

made to the principles already stated in the soft law instruments or by the direct influence on the

practice of states including European Court of Justice, creating customary law. As i mentioned

before, soft law is a convenient option for negotiations that might otherwise stall if legally binding

commitments were sought, because the choice would not have been between a binding and a nonbinding

text, but between a non-binding text and no text at all.

There is also the appearance of legality of the soft law because, due to the spreading of the

information, the citizens often assimilate the soft law instruments as if they were legal instruments

and slowly do not react against but moreover refer to these instruments frequently that ease the

process to become legal norms.

The article emphasize a complex analyze of lex mercatoria starting with historical approach,

juridical approach and also arguments against lex mercatoria.

The second part regards soft law from the social and comparative perspective. Also regards the

relation between soft law, treaties and trade usages wit a special aproach on the Principles on Choice

of Law in International Commercial Contracts, PECL and DCFR.

The last part describes the uniform and predictable frame under the UNIDROIT Principles.

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Volume XII, Issue 2, July - December 2022

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Summary

International Law

Quality of public expenditure and transdisciplinarity: Law, economics, psychology, politics and public management

Leonardo da Silva Guimarães Martins da Costa

The Debate in 21st Century Romania. Case Study – Bihor County

Claudia-Simona TIMOFTE

Constantin Ţoca

 

The influence of human rights on law

Access to the Archival Heritage as a Reflection of the Human Right to Culture. UNESCO’s Perspective

Codruţa-Elena Mihailovici

Cultural rights: new era, old principles, same challenges?

Andrei Nicolae

The role of conflict management in combating the social effects of the pandemic. Identification, neutralization, solution

Claudiu Florinel Augustin Ignat

 

European Union Law

Brief considerations on the rule of law from the perspective of EU member states

Paul Iulian Nedelcu

EU’s Long Arm of Sanctions – The Anti-Coercion Instrument

Mihai Ioachimescu-Voinea

The principle of solidarity - an instrument for managing migration and asylum at European Union Level

Ciprian-Constantin Mihai

 

UE Law and Comparative Law

The Costs of Digitalization. Social Media adaptation challenges within Public Administration Development

Andrei Alexandru Galan

Anca Elena Bălăşoiu

Summary Issues of Cybercrime

Mioara-Ketty Guiu

Personal Data Processing within a Smart Cemetery

Silviu-Dorin ŞCHIOPU

 

Environmental law

Some Legal Aspects of Shale Gas

Ovidiu-Horia Maican

International Governance of Climate Change. From the Framework Convention (1992) to COP-27 (2022)

Mircea M Duţu-Buzura