Abstract

The study of what has become known as transnational commercial law is fraught with hazards. What do we mean by transnational commercial law? Is it the same as the lex mercatoria or something broader? What are its sources? Can we identify general principles of commercial law and, separately, uncodified international trade usage? If so, what happens to these principles when they become embodied in convention or contractually incorporated uniform rules? Do they disappear, maintain a parallel existence in their original form or change their shape to match the convention or rules? And how far do conventions and rules either evidence pre-existing principles and usages or influence the creation of new ones?

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