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Uniform interpretation and application of the international Law precepts: an analysis over the 1958 New York Convention

Grant number: 11/20428-0
Support Opportunities:Scholarships in Brazil - Scientific Initiation
Effective date (Start): January 01, 2012
Effective date (End): December 31, 2012
Field of knowledge:Applied Social Sciences - Law - Private Law
Principal Investigator:Carlos Eduardo de Abreu Boucault
Grantee:Érika Capella Fernandes
Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

The Uniformed Law materialized on the celebration of international treaties and conventions, resulting from a common effort among States, which search for a uniform treatment of a given matter or subject. However, the application of such international precepts doesn't seem to occur in a uniform way in each of the signatory States, thus impeding the construction of a homogeneous jurisprudence over the matter or subject. Therefore, this project's goal is to study the negative effects that have occurred from the divergence of interpretations among several country's Courts. To enlighten how this divergence occurs on daily bases, the proceeding will be on the analysis of Brazilian and some other foreign judicial decisions related to the "Convention on the Recognition and Enforcement of Foreign Arbitral Awards", or "1958 New York Convention", an important convention which has received several distinguished interpretations, thus frustrating the so wanted "uniformity". Moreover, it's indispensable the exam of possible mechanisms proposed by international law experts towered to an effectively uniform application of international precepts.(AU)

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