Abstract

This paper focuses on the historical development of the lex mercatoria in order to gain an understanding of the genesis of one of its main expressions, the UNIDROIT Principles of International Commercial Contracts. Then a necessarily brief examination of the Principles’ acceptance or consideration by certain Canadian courts, supplemented by other formal manifestations of the lex mercatoria, will be undertaken. After this analysis certain conclusions will be drawn with respect to the method and extent of acceptance these international “rules” have experienced in Canada, and in the process it is hoped that a greater understanding of the their importance to Canadian law will be obtained.

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