Abstract
Before turning to how the various national laws may affect the interpretation and application of an international contract (which will be the subject of Part 3 of this book), some methodological questions must be addressed. Should an international contract be governed by a national law different from the one that inspired its drafting? Should an international contract be governed by a national law at all? Rather, should not an international contract be subject to a harmonised, transnational law? The thesis of this chapter is that the applicable law should be chosen according to the general conflict rules, even though this would lead to a situation where the contract is governed by a law different from the law that inspired it. Furthermore, the contract is ultimately subject to a state law, even though the underlying transaction is international.
Original language | English |
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Title of host publication | Boilerplate clauses, international commercial contracts and the applicable law |
Editors | Giuditta Cordero-Moss |
Place of Publication | Cambridge |
Publisher | Cambridge University Press |
Pages | 37-61 |
ISBN (Electronic) | 9780511667503 |
ISBN (Print) | 9780521197892 |
DOIs | |
Publication status | Published - 2011 |