Webber-state law or lex mercatoria, make the rules themselves, or it must be extended beyond contract law sensu strictu. 80 The mere argument that transactions costs would be saved is not enough to invoke a Community jurisdiction in this field, which would have to be non-mandatory in any case and would have to compete WebDigital Repository @ Maurer Law Maurer School of Law: Indiana ...

Part V - Private Law (Rule-Setting) beyond the State

WebIt makes the distinction between anational law and state law that permeates the debate over law merchant simply irrelevant by transcending it. The true lex mercatoria marks the shift … Webdebate around the lex mercatoria, and around the autonomy and scope of this transnational law merchant, is ill-directed and of little analytical value. In fact, much of the polemics that surround the “legal” nature of the lex mercatoria, its “true” independence, and its autonomy from the nation-state,6 prevent us from hydration involves

The True Lex Mercatoria: Law Beyond the State Semantic Scholar

WebThis paper suggests that the dichotomy of anational law and state law is false. Although an anational law merchant would be theoretically possible, the true lex mercatoria we are currently observing is not such an anational law. Rather, it is an emerging global commercial law that freely combines elements from national and non-national law. WebJul 5, 2015 · ‘ The True Lex Mercatoria: Law Beyond the State ’, Indiana Journal of Global Legal Studies, 14, 447–468CrossRef Google Scholar Mutua , M. , 1995 . ‘ Why Redraw the … hydration interventions