Akzeptanz und Einfluss privater Regelbildung stehen in engem Zusammenhang mit der Leistungsfahigkeit hoheitlicher Rechtsetzung, weshalb grenzuberschreitende Prozesse typische Raume privater Selbstregelung sind: wo hoheitliche Gewalt an ihre Grenzen stost oder sich erst schrittweise konstituiert, gewinnen private Regeln weithin sichtbare Bedeutung, insbesondere auf den Gebieten Handel, Sport und Technik.
Tópico(s): Medical and Health Sciences Research
2007 - Mohr Siebeck Verlag | JuristenZeitung
... the existence, the credibility, even the validity of Lex Mercatoria has not dampened its increasing appeal as a ... arbitration. While most parties disagree as to whether Lex Mercatoria actually represents a discrete body of law, most ... 1 As a microcosm of international commercial law, Lex Mercatoria is often an ideal, if not the only, ... other state's courts. At such an impasse, Lex Mercatoria can both adequately reflect the international character of ... unsophisticated national laws unsuited to international contracts. Finally, Lex Mercatoria is inherently flexible – as the law governing both ...
Tópico(s): Conflict of Laws and Jurisdiction
1993 - Oxford University Press | Arbitration International
The notion of a lex mercatoria or “law merchant” is being used, in private international law and international business law, to denote a transnational body of ... fact a matter of strong contention both whether lex mercatoria does exist and what its actual content and ... as a source of transnational business law? Is lex mercatoria created “spontaneously” by the deliberations and practice of ... governmental and intergovernmental regulation key? The debates about lex mercatoria - in which the descriptive element is hopelessly, if ...
Tópico(s): Conflict of Laws and Jurisdiction
2008 - RELX Group (Netherlands) | SSRN Electronic Journal
Malynes, Gerard, Marius, John, Dafforne, Richard, Collinges, John,
Includes: Advice concerning bils of exchange / by Iohn Marius -- The merchants mirrour, or, Directions for the perfect ordering and keeping of his accounts / ...
0000 - Gale Group | The Making of Modern World
... medieval Law Merchant, see Gerard Malynes, Consuetudo, Vel, Lex Mercatoria, Or, the Ancient Law-Merchant: In Three Parts ... 1901); Albrecht Cordes, The Search for a Medieval Lex Mercatoria , 5 Oxford Comp. L.F. 1 (2003); Keith Highet, The Enigma of the Lex Mercatoria , 63 Tul. L. Rev. 613, 616–17 (1989); Friedrich K. Juenger, The Lex Mercatoria and Private International Law , 60 La. L. Rev. ... Formant: The Medieval Law Merchant and the New Lex Mercatoria , Forum HistoriaeIuris, Mar. 18, 2005, http://fhi.rg. ... Peter Berger, The Creeping Codification of the New Lex Mercatoria (2d ed. 2010); Emmanuel Gaillard, Thirty Years of ...
Tópico(s): Law, Economics, and Judicial Systems
2011 - Wiley | American Business Law Journal
Book.
0000 - Gale Group | The Making of Modern World
... the existence of a new merchant ‘law’, or lex mercatoria, spontaneously generated by the international community in the ... suggesting that commercial parties almost never opt into lex mercatoria pursuant to their freedom to contract, but instead ... question of whether anybody else might benefit from lex mercatoria. In a groundbreaking article published in 2005, Christopher ... practical significance and offered a signaling theory of lex mercatoria: the interest in the idea can be explained ... offers two other theories explaining the development of lex mercatoria. First, I argue that deciding disputes on the ...
Tópico(s): Law, logistics, and international trade
2014 - | Columbia journal of transnational law
Book.
0000 - Gale Group | The Making of Modern World
... the existence of a new merchant ‘law’, or lex mercatoria, spontaneously generated by the international community in the ... suggesting that commercial parties almost never opt into lex mercatoria pursuant to their freedom to contract, but instead ... question of whether anybody else might benefit from lex mercatoria. In a groundbreaking article published in 2005, Christopher ... practical significance and offered a signaling theory of lex mercatoria: the interest in the idea can be explained ... offers two other theories explaining the development of lex mercatoria. First, I argue that deciding disputes on the ...
Tópico(s): Law, logistics, and international trade
2014 - RELX Group (Netherlands) | SSRN Electronic Journal
First published in 1750--Cf. Higgs. Includes index. Book.
0000 - Gale Group | The Making of Modern World
... an in-depth analysis of the so-called lex mercatoria, Felix DASSER observed that the real question is not “lex mercatoria: yes or no?” but “lex mercatoria: when and how?” 1 In other words, fascinating ... it may be to discuss whether the modern lex mercatoria represents a veritable legal order different from and ... an international commercial contract, by referring to the lex mercatoria, to escape the application of any domestic law. What has been said of the lex mercatoria may well be applied to “transnational law” in ...
Tópico(s): Conflict of Laws and Jurisdiction
2000 - Oxford University Press | Uniform Law Review
This paper will consider the medieval lex mercatoria (Law Merchant) as a set of autonomous commercial customs, which initially materialized in the form of trade usages and practices, but were ... will focus on the historical development of the lex mercatoria, and will attempt to highlight how the conventional ... thrust of this paper will argue that the lex mercatoria is simultaneously both non-state law and state- ... itself. To borrow a term from biology, the lex mercatoria is autopoietic. By "autopoietic" I suggest the lex ...
Tópico(s): Historical Economic and Legal Thought
2008 - RELX Group (Netherlands) | SSRN Electronic Journal
... general principles of international economic law, invoking the lex mercatoria it believed to be in force between international ... at law and, as a consequence of invoking lex mercatoria, had actually decided in equity.6 Austria's ... the general principles of international law and applying lex mercatoria.7 The dispute over the award later reappeared ... equity precisely because it was decided pursuant to lex mercatoria.9 The Court of Cassation once again affirmed ... pursuant to international law. This first appearance of lex mercatoria in international arbitration would give rise to a ...
Tópico(s): Corporate Law and Human Rights
2012 - Springer Nature (Netherlands) | American University international law review
... a third legal order, popularly known as the lex mercatoria, stems from many jurists' conviction that neither municipal ... appears to be some perennial issues of the lex mercatoria that have created controversies amongst the jurists. Furthermore, ... in the literature to the issue of the lex mercatoria's applicability to State contracts. The purpose of ... recent developments. The article, however, concentrates on the lex mercatoria primarily as a body of substantive law applicable ...
Tópico(s): European and International Contract Law
1999 - RELX Group (Netherlands) | SSRN Electronic Journal
Dedication to Thomas Jefferson signed: Geo. Caines. No more published. Includes indexes. Book.
0000 - Gale Group | The Making of Modern World
... ensayo propone analizar del fenómeno de la nueva Lex Mercatoria y evaluar su probable asimilación en el sistema ... sobre la existencia o no de la nueva Lex Mercatoria, así como los debates centrados en su legitimidad ... Internacionales. Con este propósito se estudia la antigua Lex Mercatoria como antecedente medieval de la actual Lex. Después se analiza el marco estructural de la ...
Tópico(s): Legal processes and jurisprudence
2006 - Sergio Arboleda University | Civilizar
Dedication signed: Giles Jacob. Includes index. Book.
0000 - Gale Group | The Making of Modern World
... a text devoted to an assessment of the lex mercatoria is perhaps even more so. Lord Mustill understood, ... the risks inherent in a discussion of the lex mercatoria. To paraphrase: Few people are likely to welcome a discussion on the lex mercatoria. The common lawyer will...
Tópico(s): Conflict of Laws and Jurisdiction
2001 - Oxford University Press | Arbitration International
Despite much attention to the lex mercatoria, international commercial arbitration remains under-analyzed as a venue for establishing a private, transnational contract law. The lex mercatoria is a supranational legal system consisting of international ... anticipatory repudiation (also called anticipatory breach). Under the lex mercatoria, when will an arbitral tribunal accept the non- ...
Tópico(s): Dispute Resolution and Class Actions
2014 - RELX Group (Netherlands) | SSRN Electronic Journal
Fabrizio Marrella, Christopher S. Yoo,
... user community in a manner reminiscent of the lex mercatoria, which spontaneously emerged during medieval times to resolve ... type of bottom-up ordering associated with the lex mercatoria. Perhaps unsurprisingly, a system of self-governance based ... of spontaneity, universality, and autonomy that surround the lex mercatoria.
Tópico(s): ICT Impact and Policies
2007 - RELX Group (Netherlands) | SSRN Electronic Journal
... Law or which others have dubbed the new lex mercatoria. Their survey confirmed considerable application by practitioners of ... English practitioners remained distinctly more skeptical about the lex mercatoria, however, arguably reflecting their legal system's persistent ... the important theoretical and practical implications of the lex mercatoria for individual countries like Japan.
Tópico(s): Dispute Resolution and Class Actions
2006 - RELX Group (Netherlands) | SSRN Electronic Journal