Hard and Soft forms of Globalisation
Legal elements that make UNCITRAL a SOFT GLOBALIZATION Tool
Before starting the discussion on UNCITRAL as a soft globalization tool, it is necessary to understand the concept of soft law and hard law.
“Soft Law” Nonbinding legal principles are often referred to as soft law. They are of normative nature and are applied only through voluntary acceptance. They are established legal rules that are not positive and therefore not judicially binding (i.e Hard Law).
“Hard law refers to legally binding obligations of the States that are precise and that delegate authority to interpret and implement the law while soft law refers to legal arrangement where one or more of the dimensions of obligation, precision or delegation have been significantly weakened” (Jane K. Winn)
UNCITRAL is considered to be a tool of soft globalization because it was created with the intention to pursue progressive harmonization, unification and modernizing of the laws governing international trade to ensure smooth flow of international trade. Moreover, the text produced by it belongs to the category of soft law which accommodates local law.
UNCITRAL Text The text produced by the UNCITRAL is either legislative text or non-legislative text.
Legislative Text It may be adopted by the states through enactment of domestic legislation. (Legislative Techniques) It includes:
Convention It is designed to unify law by establishing legal binding obligations. It requires ratification and ensure a high degree of harmonization of law in the participating States. UNCITRAL generally do not permit reservations or declarations or allow them to a very limited extent. States are free to join or not to join any convention.
Model Law is a legislative text that is recommended to States for enactment as part of their national law. It is tool for harmonization. States are allowed to alter the provisions of the model law to accommodate the local requirements.
Legislative guides and recommendations If, for
Before starting the discussion on UNCITRAL as a soft globalization tool, it is necessary to understand the concept of soft law and hard law.
“Soft Law” Nonbinding legal principles are often referred to as soft law. They are of normative nature and are applied only through voluntary acceptance. They are established legal rules that are not positive and therefore not judicially binding (i.e Hard Law).
“Hard law refers to legally binding obligations of the States that are precise and that delegate authority to interpret and implement the law while soft law refers to legal arrangement where one or more of the dimensions of obligation, precision or delegation have been significantly weakened” (Jane K. Winn)
UNCITRAL is considered to be a tool of soft globalization because it was created with the intention to pursue progressive harmonization, unification and modernizing of the laws governing international trade to ensure smooth flow of international trade. Moreover, the text produced by it belongs to the category of soft law which accommodates local law.
UNCITRAL Text The text produced by the UNCITRAL is either legislative text or non-legislative text.
Legislative Text It may be adopted by the states through enactment of domestic legislation. (Legislative Techniques) It includes:
Convention It is designed to unify law by establishing legal binding obligations. It requires ratification and ensure a high degree of harmonization of law in the participating States. UNCITRAL generally do not permit reservations or declarations or allow them to a very limited extent. States are free to join or not to join any convention.
Model Law is a legislative text that is recommended to States for enactment as part of their national law. It is tool for harmonization. States are allowed to alter the provisions of the model law to accommodate the local requirements.
Legislative guides and recommendations If, for