Uniform law requires more than identical wording

Development summary

Franco Ferrari addresses the relationship between uniform substantive law and private international law by asking whether rules were intended to be interpreted and applied in the same way across different legal systems. The entry distinguishes uniform law from national rules that have merely been harmonised or have become similar in practice.

Its central distinction is that uniformity depends not on identical wording alone, but on a shared intention to secure common interpretation and application. Differences arising from language, interpretation or practice therefore have to be assessed against the degree of uniformity originally intended.