“International instruments”
“The fact that national courts are prone to interpret international instruments aimed at harmonising international commercial law by applying their own domestic law concepts makes the prospects of achieving a uniform or harmonious outcome to the interpretation of the international instrument more difficult, and thus achieving the identified aims and objectives of harmonisation less likely. It is imperative therefore that more is done by those involved in harmonisation to promote uniform and autonomous interpretation, including educating national judges on how to interpret international instruments.”
Critically evaluate this statement and, in your discussions, ensure that you refer to some examples of how national courts have interpreted identified “international instruments” (such as the UCP, CISG, NYC etc.) and what the international organisations involved in the harmonisation of international commercial law have done to assist or encourage uniform and autonomous interpretation, and whether their efforts have been successful in this regard.
