Methodological Changes in International Trade Law Jan Ramberg 1 Legal principles and the impact of a changing society Needless to say every society needs some sort of legal structure built upon norms and principles in order to qualify as a society. These norms and principles could be laid down in extensive legislation or developed by case-law but, in any event, we need guidelines for the proper administration of justice so that arbitrary results could be avoided and, thus, a reasonable degree of foreseeability obtained with respect to the legal effects of the behaviour of the citizens. Within the field of international trade law it is particularly important to obtain such foreseeability, since the development of trade must necessarily rest upon foreseeability and trust. Failing these important elements trade will collapse which is regrettably evidenced in these difficult times of frequent crises in the markets of real estate and finance as well as of civil unrest caused by the transformation of the former planned economies into market economies.' But legal principles and concepts are created and based upon contemporary ideologies and valuations and, thus, they are always threatened by what may happen in these respects in a changing society. The purpose of the present paper is limited to indicate and assess whether later developments have resulted into a change of traditional legal methodology within the field of international trade law. It is not an easy task to ascertain at a given moment in history whether or not such changes have actually occurred. There is always considerable resistance to change in the field of law and this, indeed, is required as one should not dismantle a legal structure unless it could be replaced by a new — and considerably better — one. But in the words of the late Lord Diplock in one of his famous dicta in the field of international trade law: “The common law evolves not merely by breeding new principles but also, when they are fully grown, by burying their ancestors”.^ ' Sec for studies on the legal problems connected with the transition from planned economies to market economies P. Sarcevic, Privatization in Central and Eastern Europe, London 1992. ^ In the well-known case of Hong Kong Fir Shipping Co. v. Kawasaki Kisen Kaisha [1961] 2 Lloyd’s Rep. 478 at p. 494.
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