In order to create a legal framework which supports transnational commerce, the focus should be on a “bottom-up” approach to ensure that the needs of commerce are properly taken into account. Failing that, one should do more to promote the lex mercatoria.
This essay is under the module “Transnational Commercial Law”
The Full question is:
In order to create a legal framework which supports transnational commerce, the focus should be on a “bottom-up” approach to ensure that the needs of commerce are properly taken into account. Failing that, one should do more to promote the lex mercatoria. “Top-down” approaches do not facilitate transnational commerce.
Discuss.
The main text book used for the module are:
Goode, Kronke, Mckendrick and Wool, Transnational Commercial Law (Oxford University Press, 2007); and
Goode, Kronke, Mckendrick and Wool, Transnational Commercial Law – Primary Materials (Oxford University Press, 2007)
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