The codification and standardisation of business practices, which some view as the way forward towards a global harmonisation of commercial law, only leads to the development of another special regime in international law. The moment lex mercatoria becomes law proper it loses its legitimating foundation in public international law.
Explain and critically discuss the above statement.?
This includes the definition of the terms codification, standardisation, harmonisations, commercial law, lex mercatoria
MUST use the OSCOLA system for Referencing
5000 words, excluding footnotes, bibliography
Reference list must include the following books:
Transnational commercial law: text, cases, and materials. Book by Roy Goode 2007 Chapter 4: Comparative law and its relevance to transnational commercial law in Transnational commercial law: text, cases, and materials
The creeping codification of the new lex mercatoria Book y Klaus Peter Berger 2010
Theory and practice of harmonisation Book by Mads Tn̜nesson Andens̆; Camilla Baasch Andersen 2011
The harmonization of international commercial law Book by Silvia Fazio 2007
Reference list must include the following journals:
The American journal of comparative law
The international and comparative law quarterly
Revue de droit uniforme (Uniform Law Review) by International Institute for the Unification of Private Law
Reference list must include the following Selected articles and chapters:
Usage and Its Reception in Transnational Commercial Law in The International and Comparative Law Quarterly. Article by Roy Goode 1997
Foundation Myth as legal formant: The medieval Law Merchant and the new Lex Mercatoria – FHI in Forum Historiae Juris. Article by Nicholas Foster
Global Bukowina: Legal Pluralism in the World-Society. Article by Gunther Teubner
Globalisation, National Sovereignty and the Harmonisation of Laws in Uniform Law Review. Article by Goldring, John
The search for a medieval Lex mercatoria. Article by Albrecht Cordes
From St. Ives to cyberspace: the modern distortion of the medieval ‘Law merchant’ in American University International Law Review. Article by Sachs, Stephen E. 2006
The New Lex Mercatoria and Transnational Governance. Article by Alec Stone Sweet
The new Lex Mercatoria: the first twenty-five years. Article by Michael Mustill
Lex Mercatoria and Private International Law, The in Louisiana Law Review. Article by Juenger, Friedrich K. 2000
Transnational law: A legal system or a method of decision making? Article by Emmanuel Gaillard
Reference list must include the following websites:
UNCITRAL
UNIDROIT
Hague Conference on Private International Law
Pace Law School: Institute of International Commercial Law
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