A Plural Account of the Transnational Law Merchant

The Law Merchant is depicted today as a transnational system based on merchant practice operating outside the fabric of national law. It is conceived as cosmopolitan in nature, universal in application, expertly delivered, and independent of other regulatory systems. This article critiques these qua...

Full description

Saved in:
Bibliographic Details
Published in:Transnational legal theory 2011-09, Vol.2 (3), p.309-345
Main Author: Trakman, Leon E
Format: Article
Language:English
Subjects:
Arbitration
Ascription
Autonomy
Disputes
Internet
Transnationalism
Citations: Items that this one cites
Items that cite this one
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:The Law Merchant is depicted today as a transnational system based on merchant practice operating outside the fabric of national law. It is conceived as cosmopolitan in nature, universal in application, expertly delivered, and independent of other regulatory systems. This article critiques these qualities attributed to the historical as well as present-day Law Merchant. It disputes that it has evolved 'spontaneously' out of merchant practice; that it is uniform in nature; and that it transcends national law. It argues instead that the Law Merchant is often fragmentary in nature and subject to disparate national and transnational influences. It challenges, in particular, unitary conceptions of 'autonomy' ascribed to the Law Merchant, presenting a pluralistic conception of Law Merchant 'autonomy' instead. It illustrates these arguments in relation to the so-called Cyberspace Law Merchant and to transnational commercial arbitration.
ISSN:2041-4005
2041-4013
DOI:10.5235/204140011800664148