Nikitin, V.V. Harmonization of international commercial law: fundamental principles and institutions

Abstract: The article concerns key directions for the harmonization of international commercial law. The material legal norms regulating economic and commercial relations are more influenced by the unification processes, than the parts of private law dealing with non-commercial activities (personality, real law, inheritance relations). The focus of study is set upon the special value of the principles of freedom of contract, good faith and the institutions of autonomy of will and conflict of laws attachment for the unification of the international commercial law. The author of the article achieves the conclusion on the special role of the principles of institutions, which he has studied, and which are provided for in most of the model documents (the UNIDROIT principles, etc.). The model documents accumulate the key ideas in the modern legal studies, having influence upon the formation of the binding norms and they are often in contradiction with the traditional legal doctrines, such as the “cause of the deal” and “reciprocative performance”. The article includes the study of differentiation of legal sciences, which are centered upon the international private law based upon branches of law (international investment law, maritime law, energy law, international corporate law, etc.). The article contains conclusion that the objects of these sciences are intertwined, and there is a greater level of harmonization in complex legal branches. The author then makes a conclusion that the cause for the greater harmonization in these complex legal branches is greater economic and technological need for it.

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