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Custom and Lex Mercatoria

Custom and Lex Mercatoria. Custom. Definition: “The custom relies on a practice and is a fundamental source of the international law.” What is the custom’s specificity as the State commitment? The difference between custom and treatise The custom’s discovery . Custom.

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Custom and Lex Mercatoria

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  1. Custom and Lex Mercatoria

  2. Custom • Definition: “The custom relies on a practice and is a fundamental source of the international law.” • What is the custom’s specificity as the State commitment? • The difference between custom and treatise • The custom’s discovery

  3. Custom • The custom’s observation by several clues: • The crude clues: They concern the internal practice, the international practice and the organisation practice. • The formalized clues: The doctrine, the International Law Commission, the case-law

  4. Lex Mercatoria • What is the Lex Mercatoria? • Definition « The Lex Mercatoria is a whole of uses, practises and principles that actors of international trade try to respect without consulting the private international law and thus without designation of the official law, expect the laws of police and the laws of public order. » • Who creates rules relating to the Lex mercatoria? The International Chamber of Commerce (ICC) • Who apply them? Arbitrators

  5. Lex Mercatoria • What are the advantages of Lex Mercatoria? • New solutions to International Trade • Efficiency and simplicity • Rules adapted and fill in legal blanks • Fairness

  6. Lex Mercatoria • What are the limits of Lex Mercatoria? • Rules respecting the official laws • Not constitute a real legal order • Contents not precise

  7. Conclusion • There is a link between the custom and the Lex Mercatoria. • Chronologically and rationally, the manners and the customs are the base of the lex mercatoria.

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