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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 VIII, Issue 2, July-December 2018, posted at 18th of December 2018

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Summary

Articles (Studies, discussions, comments)

FUNDAMENTALS OF PROJECT FINANCE APPLIED TO PRIVATE PUBLIC PARTNERSHIPS IN COLOMBIA1

Mónica Liliana Ibagón

ADMINISTRATIVE ENFORCEMENT PROCEEDINGS FROM THE COMPARATIVE PERSPECTIVE OF LEGAL SYSTEM OF ISRAEL AND POLAND

Jan Olszanowski

THE CIVIL SERVICE AT ROMANIA’S CENTENNIAL

Irina ALEXE

100 YEARS OF CONSTITUTIONALITY CONTROL

Daniela Cristina VALEA

FOREST LEGISLATION’S ROLE IN THE PROTECTION OF ROMANIAN FORESTS

Dogaru Lucreţia

THE EVOLUTION OF THE SOCIAL SECURITY SYSTEM IN ROMANIA

Brînduşa MARIAN

CONSTITUTIONAL EVOLUTION OF ROMANIA

Ioana Cristina VIda

COMMON LAW SUPREME COURTS. A COMPARATIVE APPROACH

Ovidiu-Horia MAICAN

ALTERNATIVE DISPUTE RESOLUTIONS WITHIN ADMINISTRATIVE CONTRACTS: ATTRIBUTES AND ENFORCEMENTS

Mihaela V. CARAUSAN

THE ROMANIAN CRIMINAL LAW FROM THE GREAT UNION TO THE PRESENT DAY

Ion Rusu

THE ROLE OF SOCIAL REACTION REFLECTED IN THE DINAMICS OF THE CRIMINAL CODES - PAST, PRESENT, FUTURE -

Crina – Bianca Vereş

UNIFICATION OF CRIMINAL LAW AFTER THE GREAT UNION – THE 1936 CRIMINAL CODE

Iuliu Crăcană

A HISTORICAL PERSPECTIVE ON THE CRIMINALIZATION OF OMISSION IN CRIMINAL LAW

Carmen Adriana Domocoş

TO VACCINATE OR NOT TO VACCINATE. BETWEEN MORAL AND CRIMINAL BOUNDARIES

Laura Stanila

ANALYSIS OF OFFENCES CONCERNING DRUG TRAFFICKING IN ROMANIAN LEGISLATION Adrian

Adrian Cristian MOISE

 

International Law

HINDSIGHT VIEW ON ARBITRATION FROM THE PERSPECTIVE OF THE VISIONS, INSTITUTIONS AND THE PERSONALITIES WHICH HAVE ADDED AND CONTRIBUTED TO THE EVOLUTION OF THIS FIELD IN THE LAST CENTURY FROM A TO Z

Alina Mioara Cobuz –Bagnaru

A CENTURY OF ROMANIAN ARBITRATION: HISTORICAL MILESTONES, FROM TRADITION TO MODERNITY

Cristina Ioana FLORESCU

CONSIDERATIONS UPON INTERNATIONAL TREATIES WHICH SHAPED THE HISTORY OF MODERN ROMANIA (1918 – 2018)

LEGAL PERSPECTIVES ON THE UNIFICATION OF THE REPUBLIC OF MOLDOVA WITH ROMANIA. WILL THE HISTORY REPEAT ITSELF?

Dumitru Cazac

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

Loredana Ioana BUCUR

 

Legal theory

CIVIL LIABILITY - ETERNAL AND FASCINATING LADY OF CIVIL LAW

Maria Dumitru

CONSIDERATIONS ON THE LIQUIDATION AMONG THE HEIRS OF THE FUNERAL EXPENSES

Silviu-Dorin ŞCHIOPU

SOLVING WORK CONFLICTS. PAST AND FUTURE

Roba Roxana Maria