1. Unification of Law - Uniform Law (Rechtsvereinheitlichung)
Class
Unification of Law - Uniform Law
(Rechtsvereinheitlichung)
Summer term 2017

2. Notion, purposes, methods of unification of law
Object of the class
Information about „Schwerpunktbereich 5“
Seminar, forthcoming on civil procedure law
Willem C. Vis (East) International Commercial Arbitration (Hongkong)
Script:

3. Study of uniform law and comparative law at Kiel University live:
Kiel team participation in the Willem C. Vis (East) Moot 2019 in Hongkong

4. Time schedule of the class
Basics of unification of law: notion, purposes, history Institutions and methods of unification of law Methods of research and solving cases in the field of uniform law Uniform sales law (CISG) Uniform law in other parts of the law of obligations
Uniform credit security law: may have to be postponed Uniform transport law I (road, railroad, air)
Holiday Uniform transport law II (maritime transport) Uniform information technology (IT) law Approximation of laws in Europe, in particular the EU Unification of the law of civil procedure Unification of insolvency law
Test

6. Practical example on uniform law
You are the head of the legal department of a German enterprise, which intends to buy computers from a Chinese enterprise. The CEOs of both enterprises have in principle agreed on the purchase. You are asked to negotiate the detailed contract with your Chinese counterpart.
Does this case raise issues of unification of law (uniform law)?

7. Approach to answers Substantive sales law CISG
UNIDROIT Principles of International Commercial Contracts
INCOTERMS
Conflict of laws: Rome I Regulation
Dispute settlement
Brussels I Regulation
UNCITRAL Model Law on International Commercial Arbitration 1985/2006
UNCITRAL Model Law on Internat. Commercial Conciliation 2002/2018

8. United Nations – 193 member states

9. Notion and object of unification of law
Divergence of legal orders (Rechtsordnungen) –> national/international unification of law (not only reception of foreign law)
Related notions: Uniform law (Einheitsrecht); harmonization/approxi- mation of law(s) (Rechtsangleichung) et al.
Object: all legal areas. Here focus on international business law

10. Tasks in unification of law
Forensic-practical function
Scientific function: search for „best solution“ or acceptable compromise. General part – specific part (Kropholler)
Legislative function

12. Practical realization of the legislative function
Recognise the problem
Collect proposals for solutions to the problem
Do your own scientific analysis of the problem using comparative law
Questionnaire(s)
Select and use experts
Transparency of the legislative process
Languages?
Use of neighbouring disciplines
Selection of members of working group and chairperson
Choice of legal instrument (treaty, model law, official commentary, legislative guides etc.)
Circulation of results
Implementation

14. Neighbouring disciplines
Legal history
Comparative law
Sociology of law
Economic analysis of law
Private international law (PIL, conflict of laws)

15. Historical sketch Ancient Greece: Aristotle, Platon Roman law
Middle Ages: canon law (kanonisches Recht)
Formation of states in modern times
Unification of law as a scientific discipline and by specialized international organizations since the end of the 19th century
General upswing since mid 20th century (UN-suborganizations, EEC/EU)

16. Literature and jurisprudence
Kropholler, Internationales EinheitsR, 1975
Marquis, International Uniform Commercial Law: Towards A Progressive Consciousness (2005)
Series of publications
Casebooks
Law journals, eg Uniform Law Review
Electronic databases and Internet, eg LexisNexis, Westlaw, HeinOnline
„IPRspr.“ (yearly collection of German jurisprudence on PIL and foreign law) . Specialised international case law databases such as CLOUT

18. Institutions of unification of law
International organizations
Universal: UN and suborganisations (e.g. UNCITRAL, UNCTAD, IMO, UNECE), UNIDROIT, OECD, Hague Conference on Private International Law …
Regional: Council of Europe, EU, Nordic Council, Council of Baltic Sea States, CIS/Eurasian Economic Union, ASEAN, OAS, OIC, African Union …
Private institutions („NGOs“)
Business: International Chamber of Commerce (ICC)
Science: International Law Association, Institut de droit international