International Trade

European Union

One of the overarching goals of the European Union is the harmonization of private law as part of the development of the internal market. The acquis communautaire refers to the body of European Union ("EU") law that must be adopted by each Member State upon joining the European Union. A significant part of the acquis includes uniform commercial law, which is a tool in developing the internal market. The harmonization of contract law among EU member states has occurred thus far by the passage of directives and regulations, two types of EU legislation.

The EU has made strides in this area and the European Commission in 2003 set forth an action plan on the harmonization of contract law within the EU [A More Coherent European Contract Law: An Action Plan, COM (2003) 68 (12 February 2003), 2003 O.J. (C 63) (March 15, 2003)]. The Action Plan is a joint effort of the Internal Market, Enterprise and Health Protection and Consumer Affairs Directorates General of the European Commission.

Further information on this action plan is available at the Commission's Health Protection and Consumer Affairs web site.

Comments on the Action Plan, both negative and positive, are available at the web site of the Directorate General for Health Protection and Consumer Affairs.

In 1989, the European Parliament first proposed the adoption of a European Civil Code. 1989 O.J. (C 158); 1994 O.J. (C 205); 2000 O.J. (C 377). The European Commission responded to the Parliament's call in a Commission document, COM (2001) 398, 2001 O.J. (C255) (Sept. 9, 2001). Annex I of this document summarizes the acquis communautaire that deals with private law, in particular, the law of contract. Annex II summarizes relevant international treaties dealing with substantive contract law issues. Annex III analyzes the structure of the then existing EU directives on contract law and relevant international treaties. Documents published in the Official Journal of the European Union (or O.J.) after January 1, 1998, are available in full-text online.

Common Frame of Reference Network - CFR Net

The European Commission is organizing this network of experts who will aid in the development of the "common frame of reference" called for in the Action Plan. Members will include attorneys and consumer groups among other stakeholders in the development of European contract law.

European Judicial Network in Civil and Commercial Matters

Sponsored by the European Commission, this network aims to "outline various national systems of civil and commercial law." It does not intend to provide legal advice.

The site includes a useful page on "applicable law" or choice of law, and a separate page on applicable law discussing the relationship between the 1980 Rome Convention on the Law Applicable to Contractual Obligations and the Brussels I Regulation discussed in the Treaties section below.

The EU has harmonized selected national laws of Member States in the process of creating a unified internal market. A detailed discussion of European Union law, types of EU legislation, the legislative process and EU institutions is beyond the scope of this article. However, several useful research guides on EU law are available including:

International Jurisdiction in European Union E-commerce Contracts

European Union Law: An Integrated Guide to Electronic and Print Research

Accessing European Union Information, European Commission Delegation, Washington, D.C.

Organization for the Harmonization of Business Law in Africa (OHADA)

This intergovernmental organization was created pursuant to the Treaty on the Harmonization of Business Law in Africa among Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Cote d'Ivoire, Gabon, Equatorial Guinea, Mali,