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The Lex Mercatoria in Theory and Practice - Oxford Scholarship Online
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The Lex Mercatoria in Theory and Practice

Orsolya Toth

Abstract

The book engages in the debate about the so-called ‘lex mercatoria’ by offering a theoretically justified and pragmatic account. It tests the proposition that the lex mercatoria is a universal, a-national, autonomous legal system developed spontaneously by merchants. The book evaluates the existing explanations of the lex mercatoria and argues that the most promising account considers it to consist solely of unwritten trade usage. The book extends the discussion of the topic to public international law and jurisprudence. It draws parallels with customary international law and examines the circ ... More

Keywords: lex mercatoria, a-national law, trade usage, customary international law, opinio juris, legal system, social rules, business community, conflict of laws, arbitration

Bibliographic Information

Print publication date: 2017 Print ISBN-13: 9780199685721
Published to Oxford Scholarship Online: March 2017 DOI:10.1093/acprof:oso/9780199685721.001.0001

Authors

Affiliations are at time of print publication.

Orsolya Toth, author
Associate, Allen and Overy LLP