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Full-Text Articles in International Law
Introduction: Private Ordering In A Globalizing World: Still Searching For The Basics Of Contract, Peer Zumbansen
Introduction: Private Ordering In A Globalizing World: Still Searching For The Basics Of Contract, Peer Zumbansen
Indiana Journal of Global Legal Studies
Governing Contracts - Public and Private Perspectives, Symposium. Osgoode Hall Law School, Toronto, November 9-10, 2006
The Making Of Transnational Contract Law, Graf-Peter Calliess
The Making Of Transnational Contract Law, Graf-Peter Calliess
Indiana Journal of Global Legal Studies
The definition and creation of contract law is entrenched in a common understanding of the strong role of the modern state in the administration of justice. This article argues that this understanding is currently subject to a fundamental transformation as a result of the increasing demand for legal certainty in cross-border transactions. Traditional concepts of private international law, mainly the law of conflicts and multilateral treaty harmonization, have proven unable to keep pace with globalization, allowing private actors to step in and gain a dominant position in providing legal services to international commerce. The resulting privatization of lawmaking leads to …
The True Lex Mercatoria: Law Beyond The State, Ralf Michaels
The True Lex Mercatoria: Law Beyond The State, Ralf Michaels
Indiana Journal of Global Legal Studies
Is there an anational lexr meratoria, a "global law without a state?" The debate seems infinite. Some argue that the rules, institutions, and procedures of international arbitration have now achieved a sufficient degree both of autonomy from the state and of legal character that they represent such an anational law. Others respond that whatever law merchant may exist is really state law-dependent on national norms and the freedom of contract they provide, and on the enforceability of arbitral awards by national courts. This paper suggests that the dichotomy of anational law and state law is false. Although an anational law …
Contract Of Mutual (In)Difference: Government And The Humanitarian Apparatus In Contemporary Albania And Kosovo, Mariella Pandolfi
Contract Of Mutual (In)Difference: Government And The Humanitarian Apparatus In Contemporary Albania And Kosovo, Mariella Pandolfi
Indiana Journal of Global Legal Studies
Globalization and Governance: The Prospects for Democracy, Symposium