Khazanah Hukum
Vol 6, No 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)

The Concerns of Nation-State Sovereignty and International Commercial Law: A Path to Harmonisation

Vang-Phu, Tran (Unknown)
Anh Son, Duong (Unknown)



Article Info

Publish Date
19 Apr 2024

Abstract

The current body of literature on international business and commercial laws demonstrates the inherent conflict between the legal system and the sovereignty of nation-states. The phenomenon of globalization has amplified the influence of non-state actors, regional organizations, and free trade agreements, resulting in a significant demand for international arbitration. The incorporation of international commercial laws into the current standard is increasingly prevalent, as nation-states discover the benefits of adhering to such laws. Conversely, the concept of national sovereignty, which exerted significant influence in recent years, appears to be facing substantial challenges due to the emerging trends in an increasingly interconnected globalized world. Nevertheless, the nation-state and its sovereignty maintain a significant impact on the dynamics of power and trade between different nation-states. This study undertakes an examination of the substantial discord between principles of international commercial law and the sovereignty attributed to nation-states, with specific attention directed towards the prospects of achieving harmonization. Moreover, it delves into the intricacies and challenges inherent in the pursuit of harmonization within this specific domain.

Copyrights © 2024






Journal Info

Abbrev

kh

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Khasanah Hukum ISSN 2715-9698 is peer-reviewed national journal published biannually by the Law of postgraduate Program, State Islamic University (UIN) of Sunan Gunung Djati Bandung. The journal emphasizes aspects related to economics and business law, which are integrated into Islamic Law in an ...