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NONBINDING COMMITMENTS (1) answer(s).
 
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ID:   151273


Legal traditions and nonbinding commitments: evidence from the United Nations' model commercial legislation / Efrat, Asif   Journal Article
Efrat, Asif Journal Article
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Summary/Abstract Non–legally binding agreements provide an important tool for establishing international cooperation. We know little, however, about the variation in the implementation of such agreements. This article identifies a major cause of this variation: legal tradition. Nonbinding agreements, which may be adapted to local needs and circumstances, are consistent with the gradual, organic evolution of common law; by contrast, they are an uneasy fit with the civil-law tradition that neatly distinguishes between “law” and “nonlaw.” Consequently, common-law countries are more likely to implement nonbinding agreements than civil-law countries. Survival analysis of three nonbinding instruments—United Nations model laws aimed at harmonizing commercial legislation—finds strong support for this argument: common-law countries prove significantly more likely to implement these model laws.
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