The Creeping Codification of the Lex Mercatoria - Hardcover

Lex Mercatoria - a doctrine of transnational commercial law - can work for the every-day legal practice of the international practitioner. The Creeping Codification of the Lex Mercatoria introduces a method for the codification of transnational commercial law for precisely this purpose. The book first analyses the doctrinal basis of the modern lex mercatoria and introduces a coherent systematic framework of transnational commercial law. It then describes previous and modern efforts towards the codification of the lex mercatoria, such as the UNIDROIT-Principles and the principles of European Contract Law drafted by the Lando-Commission. As an alternative to these procedures, this book presents the idea of Creeping Codification of Transnational Commercial Law, a comprehensive, regularly updated list of over 60 principles and rules together with reference from arbitral case law, domestic legislation, international conventions and legal doctrine.

Lex Mercatoria - a doctrine of transnational commercial law - can work for the everyday legal practice of the international practitioner. Introducing a method for the codification of transnational commercial law for precisely this purpose, this volume first analyzes the doctrinal basis of the modern Lex Mercatoria and offers a systematic framework of transnational commercial law. It then describes previous and modern efforts towards the codification of the Lex Mercatoria, such as the UNIDROIT Principles and the Principles of European Contract Law drafted by the Lando Commission. As an alternative to these procedures, the book presents a list of over 60 principles and rules, together with references from arbitral case law, domestic legislation, international conventions and legal doctrine. The book deals with international contract law and the development of a modern Lex Mercatoria from both a practical and a theoretical angle. References to legal doctrine, arbitral case law, international case law, international conventions and other sources are included with the aim of enhancing the usefulness of this work in international-contract drafting and commercial-arbitration proceedings.