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The Theory of Uniform Law in Europe and Beyond
During the last century many efforts have been made towards the unification of commercial law, both on a regional and a global level; this course explores the possibility of elaborating a coherent theory that is able to explain and possibly link all of those efforts. The first part of the course is devoted to the "when, why and how" of the unification of commercial law; the second part will more critically look at the relationships between the various unification efforts; it will also focus on the relationship between those unification efforts and forum shopping which those unification efforts purportedly try to prevent. Through the analysis of case law from various European and non-European countries relating to various instruments of unification, the course will try to show that unification of law only partially reaches its goals, and that forum shopping will always be available to practicing lawyers everywhere.