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58 Vill. L. Rev. 589 (2013)
Principles of Asian Contract Law: An Endeavor of Regional Harmonization of Contract Law in East Asia

handle is hein.journals/vllalr58 and id is 635 raw text is: 2013] PRINCIPLES OF ASIAN CONTRACT LAW: AN ENDEAVOR OF REGIONAL HARMONIZATION OF CONTRACT LAW IN EAST ASIA SHIYUAN HAN* I. INTRODUCTION F OLLOWING the development of the globalized economy, it was inevi- table that relevant private law rules would be harmonized and unified. This kind of harmonization and unification is both a global and a regional endeavor. In Asia (especially in East Asia) there is a private initiative by scholars trying to harmonize rules of contract law, and the aim is to create a model law called Principles of Asian Contract Law (PACL). This paper begins, in Part II, with a discussion of how the PACL can become a continuous project rather than merely an idea. Part III then examines why the PACL is necessary for East Asia given that China, South Korea, and Japan are member states of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Part IV examines what has been done to create the PACL. Part V addresses some basic is- sues with the PACL. Finally, Part VI discusses the future of the PACL. II. THE FIRST STEP TOWARD CREATING A PACL In East Asia, many scholars are conscious of the need for regional harmonization of private law. For example, Japanese professor Zentaro Kitagawa described an idea for a model contract law in the mid-1980s.1 In 2004, at an international symposium in Qingdao, China, Professor Eichi Hoshino,2 Professor Young Jun Lee,3 Professor Sang Yong Kim,4 * Professor of Law, Tsinghua University School of Law, Beijing. The author may be contacted at lawhsy@mail.tsinghua.edu.cn. 1. See Zentaro Kitagawa (L)I 191), Zhongguo de he tong fa yu mo fan he tong fa [Chinese Contract Law and Model Contract Law], translated in Guo wai fa xue [FOREIGN LEGAL THEORIES] 3-4 (Chen Wang trans., 1987). 2. See Eichi Hoshino (1 TfX-], Ri zhong han min fa zhi du tong yi hua de zhu wen ti [Issues on the Harmonization of the Civil Laws ofJapan, China and South Korea], translated in 4 Zhong ri min shang fa yan jiu [STUDIES ON CIVIL AND COM- MERCIAL LAW OF CHINA AND JAPAN] 3-20 (TaoJu ed., TaoJu trans., Law Press China 2006). 3. SeeYoungJun Lee [$iA], Dongya tong yi mai mai fa de gou xiang [Ideas of an Uniform Sales Law in East Asia], translated in 4 Zhong ri min shang fa yan jiu [STUDIES ON CIVIL AND COMMERCIAL LAW OF CHINA AND JAPAN] 167-76 (TaoJu ed., Lulun Jin trans., Law Press China 2006). 4. See Sang Yong Kim [ Zuo wei Dongbeiya pu tong fa de tong yi mai mai fa de li fa fang xiang [ The Direction of the Legislation ofa Uniform Sales Law as Ius Commune in North-east Asia], translated in 4 Zhong ri min shang fa yan jiu [STUDIES ON CIVIL AND COMMERCIAL LAw OF CHINA ANDJAPAN] 210-16 (TaoJu ed., Lulunjin trans., Law Press China 2006). (589)

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