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Codification Of The New Lex Mercatoria Through The Internet: The TransLex Principles At Www.trans-lex.org

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Chapter Summary

The New Lex Mercatoria (NLM) theory transcends the boundaries of the traditional theory of legal sources and accepts that law may develop 'bottom-up', i.e. out of the contract practice, customs and habits of international business instead of 'top-down', i.e. through the democratic authority of domestic legislatures. At the Center for Transnational Law (CENTRAL) at Cologne University, a research team has merged the two ideas-the transnationalization of international business and the Open Access environment of the Internet combined with modern database technology-into a new concept, a web-based platform for the 'Creeping Codification' of the NLM, the 'TransLex Principles' at www.trans-lex.org. The Creeping Codification has been the subject of comparative academic research. The list reproduces all those rules and principles of the NLM as black-letter law which have been accepted in international arbitral and contract practice together with comprehensive comparative references.

Keywords: creeping codification; New Lex Mercatoria (NLM); Translex Principles; transnational commercial legal system; www.trans-lex.org

10.1163/ej.9789004191433.i-591.25
/content/books/10.1163/ej.9789004191433.i-591.25
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