The Future of Harmonization Essay Example | Topics and Well Written Essays - 5000 words

The Future of harmonization - Essay ExampleThis growth has led to a rising demand for the legal system to exit together as healthful as the need for harmonization. Note that increase in trade is not the main suit why there should be a legal system taking bursting charge of activities in the marketplace. The growth provides a base and context where harmonization of sales law should be approached. For a contract to be recognized it has to pass through a numerate of legal systems so as to keep problems in check. If there is an absence of coordinated law, then the private international law stinker be use to keep things sane. These rules may be difficult to apply if the governing law has been established. The traders may be forced to apply the local legal system which does not keep in theme the needs of an international standard. It may be worse if there is a lack of enforcement mechanisms in veritable jurisdictions. A history of harmonization It is and so of no doubt that int ernational sales are in dire need for a harmonious legal system which will bypass local boundaries to be international. ... The United Nations took part in the regulation of international trade rules after the Second World War. It created many an(prenominal) international organizations and developed a United Nations Commission on International Trade law which did well in trying to find a solution to a harmonious law which could be used globally. It was this group that came up with CISG as its first efforts to harmonization of trade among the different stake holders. Many regional organizations came into existence in this period. There was the European Union, Common market of the Southern Cone, North American reposition Trade Agreement, Common Market of Eastern and Southern Africa and Southern African Development Community. The main reason why these organizations emerged was due to commercial and economic development. Harmonization of Business Law in Africa steered a number if mini sters to have a need in adopting a collection of laws that will be effective in member stake holders (member countries)3. These laws were beyond the countries legal system. Harmonization activities are slow because of different countries having different believes and traditions therefore different laws. Harmonization of sales laws can take place in two levels which are the regional level and international level. Soft law vs. hard law Currently a lot of capital, eon and man power is being spent on international harmonization and these efforts are not in truth bearing any fruits4. An international convention is the vague process that has been used to solve this problem. The biggest issue just about conversation is that much is talked about but little is done. By intervening in the legal market place, underestimating public distrust and legal disagreement as well as insisting on uniformity,