In pursuit of substantial justice: navigating between flexibility and certainty in international commercial law
by Pontian N. Okoli
International Journal of Private Law (IJPL), Vol. 7, No. 4, 2014

Abstract: The competing approaches of legal certainty and legal flexibility have since formed a significant debate in international commercial law. This article, in the main, argues from a common law perspective using thematic analyses in the following respects: the quest for justice, the possibility of developing a common legal culture in light of some commercial uncertainties and the real status of legal certainty in the European Union with respect to the Brussels Regulation. It concludes that there is a need to develop a framework which guarantees substantial regularity without compromising the need to ensure that substantial justice always prevails.

Online publication date: Fri, 31-Oct-2014

The full text of this article is only available to individual subscribers or to users at subscribing institutions.

 
Existing subscribers:
Go to Inderscience Online Journals to access the Full Text of this article.

Pay per view:
If you are not a subscriber and you just want to read the full contents of this article, buy online access here.

Complimentary Subscribers, Editors or Members of the Editorial Board of the International Journal of Private Law (IJPL):
Login with your Inderscience username and password:

Username:        Password:          Forgotten your password?

Want to subscribe?
A subscription gives you complete access to all articles in the current issue, as well as to all articles in the previous three years (where applicable). See our Orders page to subscribe.

If you still need assistance, please email subs@inderscience.com