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Commercial Law

University of San Diego

Harmonization

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The Creation Of International Commercial Law: Sovereignty Felled, Sandeep Gopalan May 2004

The Creation Of International Commercial Law: Sovereignty Felled, Sandeep Gopalan

San Diego International Law Journal

The creation of international commercial law presents an interesting paradox for proponents of sovereignty in international law. Indeed, it could be argued that the creation of international commercial law is the vanishing point of sovereignty in that nation states are becoming increasingly less important in the creation of international commercial law with the growth of regional organizations, non-state actors, and international arbitration. This is spurred on by the march of globalization and the consequent need for international commercial law. The term "harmonization" will be used as a surrogate to discuss the creation of international commercial law, as it is the …