Nowadays, we are facing the ever-so-urgent problem of the choice between two ways to face conflicts which have been coexisting since the rise of human civilisation and which are a direct manifestation of two different tendencies of human nature: on the one hand, war and the desire to prevail, on the other hand, law and compromise.
Concerning the harmonization of law, one of the most successful examples is the United Nations Convention on Contracts for the International Sale of Goods (CISG) (United Nations, n.d.), adopted on 11 April 1980 in Vienna. This convention is a multilateral treaty that establishes a uniform legal regime for the backbone of international trade: contracts for the cross-border sales of goods. The convention applies to business-to-business sales of goods (art.2) between parties whose place of business are in different States when “the States are Contracting States, or when the rules of private international law lead to the application of the law of a Contracting State” (art.1). The Convention has been adopted by 94 States from different legal tradition and economic development that together represent over two-thirds of the global economy (United Nations, n.d.).
The Suez Canal normally handles around 12% of global trade (The Guardian, 2024). However, the Yemen-based Houthi rebels (The Guardian, 2024), backed by Iran, have been disrupting the global commercial shipping route in the Red Sea since November as a response to the Israeli military operations in Gaza and forced ships to sail around the Cape of Good Hope (The Guardian, 2024). This led to inevitable consequences on the manufacturing sector, especially in Europe, from shipping delays to cost increases of raw materials, components and other goods (The Guardian, 2024). In response, joint military operations of the US and the UK started in the region, leading the crisis in Gaza towards spiralling into a regional war (The Economist, 2024).
As it can be seen, imposition through violence and regulation through law are two opposite means jointly used by Nations throughout history to both protect and fulfil ideals and economic interests. Governments and policymakers must carefully operate on these fine lines, as peaceful cooperation cannot be granted by law without an underlying capability and threat of usage of force, as ideals and economic interests are always backed and influenced by one another.
Bibliography
The Economist. (2024, January 24). The ever-expanding Middle East war. Retrieved from The Economist: https://www.economist.com/middle-east-and-africa/2024/01/24/the-ever-expanding-middle-east-war
The Guardian. (2024, February 1). UK manufacturers hit by Red Sea disruption and rising shipping costs. Retrieved from The Guardian: https://www.theguardian.com/business/2024/feb/01/uk-manufacturers-hit-by-red-sea-disruption-and-rising-shipping-costs
The Guardian. (2024, May 14). US gives Saudis green light to try to revive peace deal with Houthis. Retrieved from The Guardian: https://www.theguardian.com/world/article/2024/may/14/us-saudi-arabia-revive-peace-deal-with-houthis-yemen
The Guardian. (2024, January 23). US-UK airstrikes on Houthi military sites in Yemen – what we know so far. Retrieved from The Guardian: https://www.theguardian.com/world/2024/jan/22/us-uk-airstrikes-houthi-yemen-what-we-know-so-far-explainer
United Nations. (n.d.). United Nations Commission on International Trade Law. Retrieved from United Nations: https://uncitral.un.org/en/texts/salegoods/conventions/sale_of_goods/cisg
United Nations. (n.d.). United Nations Commission on International Trade Law. Retrieved from United Nations: https://uncitral.un.org/cisg40
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