International Commercial Law Sources

International Commercial Law Sources

Legal Issues

International commercial law has come from three sources: customs, domestic legislation and international treaties… It is difficult to set out an order of priority among the sources of international commercial law. Generally speaking, an international convention may prevail over a domestic law or a custom by virtue of the state’s commitment to the conventions as a sovereign state. But, in certain circumstances, an international convention may not override a domestic law if the constitution of the state is not complied with.
In general terms, a domestic statute would prevail over any customs or rules of ICC. However, if the customs or the rules have been incorporated into a contract and the domestic law governing the contract allows such incorporation, the customs or the rules may override inconsistent provisions of the domestic law, unless this effect is expressly prohibited in the domestic law. Therefore, only in general terms, customs are the lowest in the ranking of the sources of international commercial law.(1)

Resources

Notes

  1. John Mo, International Commercial Law

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