ABSTRACT

This chapter explores the main instruments for making International Commercial Law in general terms. In the field of International Commercial Law, there are five different types of instrument which can be used to promote the harmonisation of commercial law: conventions, Model Laws, international contract and trade terms, legislative guidelines, and statements of principles. The chapter also explores the concept of harmonisation, before turning to the specific ways in which International Commercial Law is made through a process of harmonisation using a range of different legal instruments. Commercial parties might be consulted directly in the early stages of the project in order to scope the various issues at stake. International trade terms will only apply to a specific contract if the parties to that contract have expressly chosen to incorporate them. Such incorporation is often done through a term in the standard terms used by one, or both, of the contracting parties.