The modern perception of subjecting international trade contracts to the provisions of international of international trade law, comparative study

Abstract

The research, entitled "The modern perception of subjecting trade contracts to the provisions of international trade law (a comparative study)", examines recent trends in jurisprudence, legislation and the judiciary. It suggests that international trade contracts are increasingly subject to the provisions of international trade law, rather than national laws. This is driven by a set of logical and practical necessities that contractors in the field of international trade are comfortable with. The logical and practical necessities with which contractors in the field of international trade are comfortable are in accordance with legal controls that ensure the relative nature of the liberalisation of this category of contracts. These controls ensure that they do not conflict with peremptory norms in national laws, before the arbitral tribunal in an exclusive manner. The arbitral tribunal is the only judicial forum in which the provisions of international commercial law can be enforced. Despite the controversy surrounding the extent to which the components of international trade law enjoy legal status, such that they can be recognised as binding rules, international trade customs, common legal principles and rules of justice are considered components of international trade law. Consequently, they require application in accordance with the will of the contracting parties or automatically in accordance with the direct application approach, as they constitute the law applicable to international trade contracts.