Law Commons^™

La Lex Mercatoria Contextualisée: Tracer Son Parcours Intellectuel, Dave De Ruysscher

Dave De ruysscher

Lex mercatoria is, as a label for contemporary transnational commercial law, well known from legal literature regarding international markets . Some arguments with respect to that concept have historical implications: a medieval body of commercial law is often considered as the predecessor of the lex mercatoria of today. Yet, legal historians have recently questioned whether a medieval commercial law existed in a uniform sense in different locations. As a result, the intellectual history of the concept of lex mercatoria is the more interesting. In this article, it is demonstrated that this notion was introduced in legal literature on international markets …

Realism, Neo-Realism And The Cisg: Harmonizing Values, Not Laws, Peter Mazzacano

Peter Mazzacano

This article considers the Legal Realist theory of law within a global setting, that is, within the context of international law. Particularly, would the Realists have us believe that efforts to create uniform national laws through international treaties or conventions are subject to the same degree of uncertainty as domestic rule-making? In other words, can international conventions be as indeterminate as domestic legislation? Considering that the objective of uniform law conventions is to standardize judicial rule-making across jurisdictions appears to directly challenge the Realist notion that such laws are too indeterminate to be a significant influence on, or predictor of, …

Chronicles Of A Failure: From A Renegotiation Clause To Arbitration Of Transnational Contracts, Luigi Russi

ILSU Working Paper Series

The present paper recounts the various steps which parties to a transnational contract containing a renegotiation clause may need to go through, should the circumstances accounted for in the renegotiation clause come to existence. To this end, the article sets off from an outline of the most relevant structural features and functions of renegotiation clauses, and of the typical obligations which may derive therefrom.

Secondly, the paper's focus narrows down to the - by no means infrequent - case of failure to renegotiate in presence of an arbitration clause governing the parties' agreement. In the latter case, in particular, several …

Chronicles Of A Failure: From A Renegotiation Clause To Arbitration Of Transnational Contracts, Luigi Russi

Bocconi Legal Papers

The present paper recounts the various steps which parties to a transnational contract containing a renegotiation clause may need to go through, should the circumstances accounted for in the renegotiation clause come to existence. To this end, the article sets off from an outline of the most relevant structural features and functions of renegotiation clauses, and of the typical obligations which may derive therefrom.

Secondly, the paper's focus narrows down to the - by no means infrequent - case of failure to renegotiate in presence of an arbitration clause governing the parties' agreement. In the latter case, in particular, several …

Book Review Of Klaus-Peter Berger (Ed.), The Practice Of Transnational Law, Nikitas E. Hatzimihail

Nikitas E Hatzimihail

Review of an edited volume on "transnational law" (lex mercatoria). The book comprises essays illustrating the diversity of opinion among enthusiasts of a transnational or anational business law, and an empirical study criticized by the reviewer for its "concrete ideological commitment"