INTERNATTONAL LAW ISSUES IN INTERNATIONAL LEGAL DRAFTING

Firman, Hasan INTERNATTONAL LAW ISSUES IN INTERNATIONAL LEGAL DRAFTING. Jurnal Penelitian Andalas.

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Abstract

The world economy over the past 10 years has experienced a tremendous increase in international trade and investment. If we look at any one of the millions for perhaps billions of commercial transactions which occur each year, we would find a contract or agreement, either oral or written, which defines the legal obligations of the parties to the transaction. As with contracts generally, the objective in drafting an international contract is to create a common understanding about legal rights and obligations. A written contract may be as short as one paragraph, but more commonly the contracts tend to be long and detailed. Regardless whether the contract is short or long, an "international" contract can be subject to different laws or legal considerations than would be applicable to a "domestic" contract. The purpose of this paper is to identify some of these different legal characteristics which may apply to international contracts and which can affect the common understanding of the parties. preliminary, we would define an "international contract". Some legal practitioners also refer to an international contract as a "international contract" for purposes of this discussion, we use the term international contract.

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