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Harmonisasi Hukum Kontrak Dalam Perdagangan Lintas Batas Di Wilayah Asia Pasifik
The increasing volume of international trade in the Asia-Pacific region has contributed to significant economic growth while simultaneously exacerbating legal disharmony across the region. Asia-Pacific countries possess diverse legal frameworks governing contract law, highlighting the challenges of achieving legal harmonization. This research aims to analyze the urgency of harmonizing cross-border commercial contract law in the Asia-Pacific region and to examine the existing efforts toward such harmonization. The study employs a normative legal research method through a comprehensive literature review of sources relevant to the research topic. It adopts conceptual and comparative approaches to examine legal harmonization and the diversity of legal systems within the Asia-Pacific region. The research is further supported by the analysis of primary, secondary, and tertiary legal materials. Several theoretical frameworks underpin the study, including the concept of legal harmonization, contract law from the perspective of international trade, legal systems in the Asia-Pacific region, and international legal instruments that contribute to legal harmonization. The findings indicate that the Asia-Pacific region has a pressing need to harmonize contract law in order to enhance legal certainty and improve efficiency in cross-border trade. Although several harmonization initiatives have emerged, they remain partial in nature. International organizations such as APEC, ESCAP, and UNIDROIT implicitly promote the vision of legal harmonization in the Asia-Pacific region, alongside international legal instruments such as the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). At present, legal harmonization in the Asia-Pacific region primarily takes the form of soft harmonization, relying on national legal adaptation rather than formal legal unification.
KODEPRODI74108#Hukum, UPN Veteran Jawa Timur
Harmonisasi Hukum Kontrak Dalam Perdagangan Lintas Batas Di Wilayah Asia Pasifik (Text)
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