 The Rome I Regulation and the relevance of non-state lawOlugbenga Bamodu Chapter 8 in Research Handbook on EU Private International Law, 2026, pp 166-185 from Edward Elgar Publishing Abstract: This chapter examines the continuing relevance of non-state law in international commercial disputes following the adoption of the Rome I Regulation. While the Regulation is generally understood to permit only the law of a country as the governing law of contractual obligations, it does not eliminate the practical significance of non-state norms. The chapter analyses the status of instruments such as the UNIDROIT Principles, the CISG, Incoterms, and the Uniform Customs and Practice for Documentary Credits (UCP), demonstrating how they remain applicable through contractual incorporation, integration into domestic legal systems, and arbitral practice. It further explores the conceptual distinction between state and non-state law, the role of transnational commercial law, and the divergent treatment of non-state norms in litigation and international arbitration. The chapter argues that despite the apparent exclusion of non-state law as a directly chosen governing law, such norms continue to play a significant role in the regulation and resolution of international commercial disputes. Keywords: Rome I; Law Applicable to Contractual Obligations; UNIDROIT Principles; No-State Law; International Arbitration (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:22658_9 Ordering information: This item can be ordered from Access Statistics for this chapter More chapters in Chapters from Edward Elgar Publishing |
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