Uniform Commercial Code Process
in an Increasingly International World
The domestic success of the Uniform Commercial Code as a unifying force within the United States has contributed to calls for similar unification on an international basis and the creation of an “International Uniform Commercial Code.” As the focus of activity shifts from domestic to international lawmaking activities, the question of the continued relevance and viability of our domestic law is highlighted. To date, commercial law scholarship has been concerned primarily with the substance of these emerging international commercial law instruments; relatively little attention has been paid to the process by which these international commercial law instruments can and should become a part of United States law, and the procedural relationship between the various law-making processes. Yet the pressure is mounting, and the relative responsibilities of the federal and state governments to accommodate international developments deserve attention. The ability of the UCC drafting process to respond to the increasing internationalization of commercial law will put both its product and process to the test. This article explores the federalstate dynamics in the area of commercial law international treaty negotiation and implementation, and the continued role for our domestic lawmaking processes and actors in a world where the federal government is charged with power over foreign affairs and international negotiations. I. INTRODUCTION
Almost fifty years have passed since the promulgation of a piece of legislation that swept the United States and gained virtually uniform enactment by states over the next ten years.1
Despite initial questions about
whether uniformity might best be achieved by federal enactment of the Uniform Commercial Code (UCC or Code), its widespread enactment on a state-by-state basis has made it the poster child for...