theory of lex mercatoria
نویسندگان
چکیده
this essay studies theory of lex mercatoria which is based on the assumption of existence of a third legal system along with the national and international legal systems regulating international commercial relations. for this purpose, the essay discusses the backgrounds of creation and emergence of the theory, its narrow and broad meaning, elements of which and the extent that it has been recognized at the international and national levels i.e. by national legal systems including iranian legal system. for the sake of impartiality, the last part has been devoted to criticisms raised regarding the existence and sources of lex mercatoria, the suggested alternative and a final evaluation.
منابع مشابه
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Over the past four decades, the transnational business community has successfully built a private system of transnational governance: the new Lex Mercatoria. The actors who operate this system – firms, their lawyers, international arbitrators, and legal academics – have evolved, and use, ‘a-national’ principles of contract and a system of private ‘courts’ to organize and regulate cross-border c...
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عنوان ژورنال:
مطالعات حقوق خصوصیجلد ۴۱، شماره ۱، صفحات ۱۲۷-۱۴۸
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