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The Creeping Codification of the New Lex Mercatoria (Hardcover, 2nd New edition)
Loot Price: R5,720
Discovery Miles 57 200
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The Creeping Codification of the New Lex Mercatoria (Hardcover, 2nd New edition)
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This greatly revised edition of an influential 1999 book
consolidates its authoritative advocacy of the New Lex Mercatoria
(NLM). Since the publication of the first edition, self-regulation
and private governance in international business have gained
world-wide recognition. Three dynamic commercial law initiatives in
particular demonstrate that, in spite of the long-lasting dispute
about the nature and dogmatic underpinnings of NLM, legal theory
and international practice have accepted that transnational
business law is open to the 'codification' of its contents. The
UNIDROIT Principles of International Commercial Contracts, the
Principles of European Contract Law, and (most recently and
dramatically) the TransLex Principles at www.trans-lex.org all draw
their legal conclusions from observing the real-life phenomena
surrounding regional and global integration of markets and foreign
direct investment. This new edition presents an advanced
elaboration of the author's 'Creeping Codification' thesis based on
the TransLex Principles, an Internet-based method using an ongoing,
spontaneous, and dynamic codification process which is never
completed. The TransLex Principles contain black-letter texts of
128 principles and rules of the NLM with comprehensive, constantly
updated comparative law references from domestic statutes, court
decisions, doctrine, arbitral awards, and uniform laws. An annex to
this book contains a synopsis of the wealth of materials available
on the TransLex web site as well as a rare personal account of one
of the fathersA"of the NLM, Philippe Kahn. International legal
practitioners and academics alike have long complained about the
inadequate legal framework for international trade and commerce.
This book, with its far-reaching theoretical and methodological
analysis of the doctrine of an autonomous transnational economic
law, clearly opens the way to an independent and workable third
legal system alongside domestic law and public international law.
It offers international practitioners (contract negotiators,
arbitrators, attorneys and other representatives of the parties in
international arbitration proceedings) with a powerful and reliable
instrument to apply transnational commercial law in daily legal
practice.
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