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ASSIGNMENT

SUBJECT: INTERNATIONAL TRADE LAW


RESEARCH PAPER ON: CONFLICT OF LAWS IN
INTERNATIONAL TRADE

SUBMITTED BY:
PRATHIT
SAREEN
03325503520
YASH SHARMA
05025503520

SEMESTER:8TH

BATCH:

2020-2025

JEMTEC SCHOOL OF LAW


GREATER NOIDA GAUTAM BUDDHA NAGAR, U.P.-
201308, INDIA 2023
CONFLICT OF LAWS IN
INTERNATIONAL TRADE

ABSTRACT
In the increasingly interconnected world of international trade, the resolution of legal disputes often
involves navigating a complex web of conflicting laws and jurisdictions. This paper examines the
concept of conflict of laws in the context of international trade, exploring its underlying principles,
challenges, and potential solutions. Drawing on legal scholarship, case studies, and practical
examples, the paper delves into various aspects of conflict of laws, including choice of law,
jurisdictional issues, and the recognition and enforcement of foreign judgments. By analyzing key
legal frameworks and international conventions, as well as recent developments in jurisprudence, this
paper seeks to provide a comprehensive understanding of the complexities involved in resolving
cross-border disputes in the realm of international trade. Furthermore, it discusses the role of
alternative dispute resolution mechanisms and the growing importance of harmonization efforts in
addressing the challenges posed by conflicting legal regimes. Drawing on Transaction Costs
Economics, this paper develops a new approach to conflict of law rules. It outlines a concept of
constitutional uncertainty in international trade and presents a model of international transactions in
the presence of a diversity of legal orders. We develop a general analytical concept of an international
legal order and analyze the impact of different specifications of international legal orders on
international transactions. Ultimately, this paper aims to shed light on the multifaceted nature of
conflict of laws in international trade and to offer insights into effective strategies for managing legal
risks in a globalized economy.

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