Paper's abstract

E. Allan Farnworth, The Americanization of Law, Myths or Realities
The author argues that, at least in the area of commercial law, as exemplified by the United Nations Convention on the International Sale of Goods and the Unidroit Principles of International Commercial Contracts, what is happening is not the Americanization of law but the globalization of law. The author seeks an explanation for the evident American influence in this process of globalization despite the long isolation of the United States from efforts at international unification and its naïveté in matters of comparative law, as well as the absence of any organizational link between jurists in the United States and those in the countries of Europe in particular. He finds an explanation in seven advantages enjoyed by Americans, most of which are not shared by other common law countries. First, the fact that the United States is an economic super-power. Second, the commendable record of American ratification of existing texts. Third, the extensive reservoir of experts available in the United States. Fourth, the circumstance that the American common law system seems to civilians less strangely different than do other common law systems. Fifth, the extensive codification of American common law, notably by the Uniform Commercial Code and the Restatement. Sixth, the fact that most of this codification is of relatively recent date. Seventh, the existence of a considerable number of jurists in other countries who have in some way been affiliated with American law faculties. After giving an example of American influence in connection with the right to demand assurance of due performance, the author closes by noting some instances in which foreign legal systems exert a countervailing influence on American law.

Key Words : influence, Unidroit, market
t. 45, 2001 : p. 21-28

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