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"Lex Mercatoria: Can General Principles of Law Govern International Commercial Contracts?"

This article explores choice of law in international commercial contracts with reference to the Lex Mercatoria within the context of unification of international commercial law. The author presents a detailed survey of the origins of the Lex Mercatoria, contemporary arguments supporting its existence, recognition of the Lex Mercatoria in a number of international legal instruments and its modern applications. The uneasy relationship between the Lex Mercatoria and courts in civil code and common law jurisdictions, including New Zealand, is also examined.

Author
Richard J Howarth
Published in
Canterbury Law Review
Year
2004
Volume
10
Pages
36-76

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