Merezhko A. Theory and Principles of Transnational Trade Law (lex mercatoria).

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0502U000481

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

02-12-2002

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The thesis is devoted to the research of theory and principles of transnational trade law (lex mercatoria), both in the past and present stage. The author of the thesis analyses concept and legal nature of transnational trade law in the context of development of world trade-economic ties and international business community, its sources, subjects, and functions are considered. The author analyses place of transnational trade law in legal system, its interrelationships with public and private international law, national law and contemporary European lex mercatoria, determines major trends of its development, and also considers issues related to legal mechanisms of lex mercatoria norms' implementation within framework of international arbitration and national judicial practice. The thesis considers basic and special principles of lex mercatoria, principles and methods of interpretation of international commercial contracts, and also suggests classification of these principles. Attention is paid to theoretical and practical aspects of law of international trade's unification and harmonisation in the context of the transnational trade law theory. In the course of the research conclusions were formulated with respect to the enhancement of lex mercatoria's role in the legal regulation of international trade at present stage and necessity of further scientific research into this phenomenon.

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