Lex mercatoria in the mirror of empirical research
Titolo Rivista: SOCIOLOGIA DEL DIRITTO
Autori/Curatori: Wioletta Konradi, Héctor Fix-Fierro
Anno di pubblicazione: 2005 Fascicolo: 2-3 Lingua: EN
Numero pagine: 23 Dimensione file: 99 KB
The Lex Mercatoria in the Mirror of Empirical Research (di Wioletta Konradi, Héctor Fix-Fierro) - ABSTRACT- A socio-legal perspective, both theoretical and empirical, has an essential contribution to make to the debate on the lex mercatoria. It is a discussion that goes beyond a limited area of the law, since it has broader implications with respect to the nature and function of law in the context of globalisation. This paper presents an overview of empirical research into the lex mercatoria. Existing studies, however, are still too scarce to be capable of providing a complete or coherent picture. Considering that the global economy is organised around sectors and networks, the paper proposes to select branches of trade or industries as objects of empirical study. This approach focuses on the processes of norm creation and the mechanisms for the stabilisation of expectations within particular social systems, as well as on the structural consequences of this type of self-regulation for both global law and national legal systems.