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19 Protecting a Governing Law

From: Governing Law Risks in International Business Transactions

Philip R. Wood

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 September 2023

Subject(s):
Contract — Unidroit Principles and choice of law

This chapter proposes an institution to protect a legal system which is a national asset, such as English law. The maintenance of a legal system is required not only to keep up with changing circumstances but most of all to protect the legal system from short-term government policies and from special interests who do not take a larger view of the role of an important legal system internationally. Where a legal system is used internationally, there is no room for provincialism or insularity. This chapter mentions a number of national and international bodies tasked with the duty of surveillance and reform. These include the American Law Institute, the English Law Commission, and a number of international bodies, together with multilateral development banks. English law is an international ideology and an international public utility, and it would seem remiss if England did not go to special lengths to maintain its legal system. This chapter briefly describes the constitution on a protective body.

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