The New Lex Mercatoria: Applicability of Lex Mercatoria as Substantive Law in International Commercial Arbitration

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dc.contributor.authorMwangi, Maitho Edwinen_ZA
dc.date.accessioned2014-07-30T18:16:09Z
dc.date.available2014-07-30T18:16:09Z
dc.date.issued2014-07-30
dc.description.abstractThe study addresses the controversy surrounding the existence and validity of the lex mercatoria as an autonomous legal system. The overall objective of the study is to evaluate whether the lex mercatoria has attained the status of an autonomous system of law. Traces of the law merchant derive from the early ages, a time when merchants began to traverse the world in search for new markets. This created a need to govern their businesses and conduct to avoid the interference of their affairs by sovereign authorities. The rules formulated by the merchants were codified into the laws of states giving rise to the oblivion of the law merchant. There has arisen over time a debate on the existence of a new lex mercatoria. The study evaluates the existence and viability of the new lex mercatoria by answering the following pertinent research questions: what are the sources of the new lex mercatoria; are the criticisms levelled against the lex mercatoria viable; has the lex mercatoria attained the status of an autonomous legal system and if not, what are the reasons behind its rejection? This study is limited to international commercial arbitration since it is through arbitration that the applicability of lex mercatoria as substantive law has been made possible. Recognition of state-less awards, the modernization of arbitration laws by African states, recognition by the European Union of the possibility of application of general principles of law reflect trends towards the acceptance of the autonomous nature of lex mercatoria.en_ZA
dc.identifier.apacitationMwangi, M. E. (2014). <i>The New Lex Mercatoria: Applicability of Lex Mercatoria as Substantive Law in International Commercial Arbitration</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/4668en_ZA
dc.identifier.chicagocitationMwangi, Maitho Edwin. <i>"The New Lex Mercatoria: Applicability of Lex Mercatoria as Substantive Law in International Commercial Arbitration."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2014. http://hdl.handle.net/11427/4668en_ZA
dc.identifier.citationMwangi, M. 2014-07-30. The New Lex Mercatoria: Applicability of Lex Mercatoria as Substantive Law in International Commercial Arbitration. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Mwangi, Maitho Edwin AB - The study addresses the controversy surrounding the existence and validity of the lex mercatoria as an autonomous legal system. The overall objective of the study is to evaluate whether the lex mercatoria has attained the status of an autonomous system of law. Traces of the law merchant derive from the early ages, a time when merchants began to traverse the world in search for new markets. This created a need to govern their businesses and conduct to avoid the interference of their affairs by sovereign authorities. The rules formulated by the merchants were codified into the laws of states giving rise to the oblivion of the law merchant. There has arisen over time a debate on the existence of a new lex mercatoria. The study evaluates the existence and viability of the new lex mercatoria by answering the following pertinent research questions: what are the sources of the new lex mercatoria; are the criticisms levelled against the lex mercatoria viable; has the lex mercatoria attained the status of an autonomous legal system and if not, what are the reasons behind its rejection? This study is limited to international commercial arbitration since it is through arbitration that the applicability of lex mercatoria as substantive law has been made possible. Recognition of state-less awards, the modernization of arbitration laws by African states, recognition by the European Union of the possibility of application of general principles of law reflect trends towards the acceptance of the autonomous nature of lex mercatoria. DA - 2014-07-30 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - The New Lex Mercatoria: Applicability of Lex Mercatoria as Substantive Law in International Commercial Arbitration TI - The New Lex Mercatoria: Applicability of Lex Mercatoria as Substantive Law in International Commercial Arbitration UR - http://hdl.handle.net/11427/4668 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/4668
dc.identifier.vancouvercitationMwangi ME. The New Lex Mercatoria: Applicability of Lex Mercatoria as Substantive Law in International Commercial Arbitration. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/4668en_ZA
dc.language.isoen_USen_ZA
dc.publisher.departmentDepartment of Commercial Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.titleThe New Lex Mercatoria: Applicability of Lex Mercatoria as Substantive Law in International Commercial Arbitrationen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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