Einheitsrecht – prinzipiell oder sektoral?

Uniform Law - a Principle- or Sector-based Approach? The purpose of this article is to shed some light on the possible future of uniform law. Notwithstanding the possible hinderances and difficulties faced by unification activities, especially a possible lack of interest in such activities, the article considers the question of which actors are and will be involved in legal unification and what types of uniform law can be expected. The growing involvement of private actors (the so-called commercial approach) and the concentration on different kinds of soft law promise an increasing degree of sectoral projects featuring a functional approach. However, it is essential to continue work on general principles that have applicability in specific areas of law; such principles are needed as interpretative aids and serve an important gap-filling function. Jürgen Basedow recommended keeping general principles in mind already at the stage of formulating a sectoral project. Thus, it can be expected that both the concept of principles and a sectoral approach will play an important role also in the future.