The new lex mercatoria and transnational governance
By: SWEET, Alec Stone
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ArticlePublisher: Oxfordshire : Routledge, August 2006Journal of European Public Policy 13, 5, p. 627-646Abstract: 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 commercial exchange. National legal systems have adapted to the Lex Mercatoria, thereby enhancing the latter's autonomy, and the EU has begun to move in the same direction.
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 commercial exchange. National legal systems have adapted to the Lex Mercatoria, thereby enhancing the latter's autonomy, and the EU has begun to move in the same direction.
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