Abstract
This chapter stresses the growing problem of transnational disputes due to commercial globalisation, and the difficulties arising from the application of the rule of the procedural lex fori. A procedural unification of national systems being impossible for various reasons, the only viable solution would be the harmonisation of such systems, at least when transnational litigation is involved. Harmonisation is a matter of degree, and the main issue is to determine what could be harmonised. The ALI/UNIDROIT Principles could be taken as a sort of ‘model law’ providing standards and rules for the harmonisation of national procedures. They are specific and general enough to represent a model for the harmonisation of the most important structural and functional elements of procedural systems.
Professor of Law, University of Pavia (Italy)
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Notes
- 1.
See Storme 1994.
- 2.
See ALI/UNIDROIT 2006.
- 3.
The project initially sponsored by the American Law Institute was aimed at drafting a group of Rules, with Geoffrey C. Hazard and Michele Taruffo serving as co-reporters. When UNIDROIT joined the project, the project shifted to a drafting of Principles, which finally were approved by both of the sponsoring institutions. The Rules are then—so to say—a work product that may be referred only to the American Law Institute. However, the two texts are the outcomes of the same project and may be read as a homogeneous system of provisions.
- 4.
See Hazard 2006, xlvii.
- 5.
About the way in which the project was performed, see Introduction, in ALI/UNIDROIT 2006, 3, 12.
References
ALI/UNIDROIT (2006) Principles of transnational civil procedure. Cambridge University Press, Cambridge
Hazard G (2006) A Drafter’s reflections on the principles of transnational civil procedure. In ALI/UNIDROIT. Principles of transnational civil procedure. Cambridge University Press, Cambridge
Storme M (ed) (1994) Rapprochement du droit judiciaire de l’Union européenne/Approximation of judiciary law in the European Union. Martinus Nijhoff, Dordrecht
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© 2012 T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors/editors
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Taruffo, M. (2012). Harmonisation in a Global Context: The ALI/UNIDROIT Principles. In: Kramer, X., Rhee, C. (eds) Civil Litigation in a Globalising World. T.M.C. Asser Press. https://doi.org/10.1007/978-90-6704-817-0_10
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DOI: https://doi.org/10.1007/978-90-6704-817-0_10
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