The Creeping Codification of the New Lex Mercatoria
Book (italiano):
Berger (transnational law, Cologne U.) first explored the existence and viability of a doctrine of transnational commercial law, a new lex mercatoria, in Formalisierte oder schleichende, Kodifizierung des transnationalen Wirtschaftsrechts published in 1996 by Walter de Gruyter, Berlin. That treatise was revise, updated, expanded, and translated for the 1999 English edition. This second English edition takes account of the growing acceptance of the idea of self-regulation and private governance in international business and the use of international restatements of contract law. It presents an advanced notion based on the TransLex Principles operated by the Center for Transnational Law (CENTRAL), which Berger started and runs. Under theoretical and methodical foundations, he discusses traditional concepts for overcoming deficiencies in the application of domestic law in transnational commercial contexts, and the dogmatic foundations of the new lex mercatoria doctrine. Then he turns to new approaches toward codifying transnational commercial law from perspectives of previous projects and informal approaches. Annotation ©2010 Book News, Inc., Portland, OR (booknews.com)
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