Importance of unification, harmonization and codification of private international law for international contracts and their usage in international business

...

As stated above the international contracts had led to different difficulties and problems, this problems are encounter because of the many forms of law around the world and the way each country sees law, for example the civil law and common law systems may differ in the ways they are created, but the similarities that have been create through time have make this systems come closer, mainly because of the commercial relations between the civil law system and the common law system, for example we can see the commercial relationship between the United States of America and the United Mexican States, or the United Kingdom and the European Union Countries, these are examples of how good two systems can coexist and interact with each other, but this is not free given, there has been many years of relationship and many hours dedicated to make these two systems work, and the only way to make the “gears” of this systems to work is to harmonize the different systems through international agreements between countries. For example, we can look at what the NAFTA treaty states for solving controversy, it created different mechanisms to clear a controversy via an arbitrary institution, by creating a model for arbitration and moderation clause which helps the two parties drafting a contract to better solve their differences. As stated in the 4th paragraph there are problems regarding the drafting stage of a contract, which can be avoided by the simple task of making the international contract models, conventions, etc. made by the international organizations in behalf of the countries that signed them: available, applicable (regarding the harmonization of the local legislation) and easy to replicate for the distinct parties interested in making international business. As an example of this we can look at what the International Trade Centre, created to provide trade related technical assistance in international commerce in 1964, has created the ITC Contract for an International Contractual Alliance “This model contract template is for partnerships between two companies or businesses either locally or internationally. This is the most common type of business contract. This contract template is for two parties who wish to form an alliance or collaboration. Every contract situation is different, and this model provides a series of options to help users tailor the contract to their specific needs (International Trade Centre)[1].” Looking at this model, we can infer that a lot has been made for making international business collaborations easier and faster for the people that need to do business easier and at lower costs.

In our opinion the effort made by the different countries and organizations, both governmental and non-governmental, has been made for the advancement and development of the way we do business around the world, making the common problems encounter in this ventures easier to solve an at a lower cost, also we can see that there is still room for improving mainly with different types of legal systems such as the Muslim and Customary (Asian) law, because these systems also wraps up a lot of important countries that create products and delivers services that are needed all around the world and that contribute to the world economy, and if left apart the consequences could be very harmful to the world´s economy.

---------------------------------------------------------------

...