Anglo-American Asian Bi-Jural Chthonic Civil Common Community Comparative Continental Culture Customs Development Diffusion Formants Germanic Hegemony Hindu History Humanities Hybridity Hybrids Interdisciplinary Irritant Islamic Ius Law Law-in-Action Legality Lex Living law Philosophy Plurality Micro-jurisdictions Mixed legal systems Mixity Native Nordic Norm Normativity Polyjural Praxiology Reception Roman Society State Stateless Talmudic Traditions Transplant Transsystemic
The Indiana Journal of Global Legal Studies has published an interesting article of Ralf Michaels, 'The True Lex Mercatoria: Law Beyond the State'.
Is there an anational lex mercatoria, a “global law without a state?” The debate seemsinﬁnite.
Some argue that the rules, institutions, and procedures of international arbitration have now achieved a sufﬁcient degree both of autonomy from the state and of legal character that they represent such an anational law. Others respond that whatever
law merchant may exist is really state law—dependent on national
norms and the freedom of contract they provide, and on the enforceability of arbitral awards by national courts.This
paper suggests that the dichotomy of anational law and state law is false. Al- though
an anational law merchant would be theoretically possible, the true
lex merca- toria we are currently observing is not such an anational
law. Rather, it is an emerging global commercial law that
freely combines elements from national and non-nationallaw. This transnational law presents a far more radical challenge to traditional state-based conceptions of law
than the idea of an anational law. It makes the distinction between anational law and state law that permeates the debate
over law merchant simplyirrelevant by transcending it. The true
lex mercatoria marks the shift in global law from segmentary differentiation
in different national laws to a functional differentiation. It is a law
beyond, not without, the state.