Practical and Theoretical Implications of the Lex Mercatoria for Japan: Central's Empirical Study on the Use of Transnational Law
Vindobona Journal of International Commercial Law and Arbitration, Vol. 4, No. 2, pp 132-146, 2000
- 3,693Usage
- 5Captures
Metric Options: CountsSelecting the 1-year or 3-year option will change the metrics count to percentiles, illustrating how an article or review compares to other articles or reviews within the selected time period in the same journal. Selecting the 1-year option compares the metrics against other articles/reviews that were also published in the same calendar year. Selecting the 3-year option compares the metrics against other articles/reviews that were also published in the same calendar year plus the two years prior.
Example: if you select the 1-year option for an article published in 2019 and a metric category shows 90%, that means that the article or review is performing better than 90% of the other articles/reviews published in that journal in 2019. If you select the 3-year option for the same article published in 2019 and the metric category shows 90%, that means that the article or review is performing better than 90% of the other articles/reviews published in that journal in 2019, 2018 and 2017.
Citation Benchmarking is provided by Scopus and SciVal and is different from the metrics context provided by PlumX Metrics.
Example: if you select the 1-year option for an article published in 2019 and a metric category shows 90%, that means that the article or review is performing better than 90% of the other articles/reviews published in that journal in 2019. If you select the 3-year option for the same article published in 2019 and the metric category shows 90%, that means that the article or review is performing better than 90% of the other articles/reviews published in that journal in 2019, 2018 and 2017.
Citation Benchmarking is provided by Scopus and SciVal and is different from the metrics context provided by PlumX Metrics.
Paper Description
This article analyses results from a major empirical study, completed in 2000 by Professor Klaus Peter Berger and his team at the Center for Transnational Law (CENTRAL), examines current practices and perceptions in both trans-border arbitration and contracting - what they refer to generically as Transnational Law or which others have dubbed the new lex mercatoria. Their survey confirmed considerable application by practitioners of transnational norms (such as the UNIDROIT Principles of International Commercial Contracts, or more inchoate formulations) in contract negotiations, drafting, and especially dispute resolution through arbitration. Japan played a small but significant role in this practice. English practitioners remained distinctly more skeptical about the lex mercatoria, however, arguably reflecting their legal system's persistent orientation towards more formal reasoning (compared to both American and Japanese law). Such results suggest for example some globalised localism, whereby local phenomena (especially in core countries) continue to diffuse world-wide, partly countering localised globalism, represented by the ongoing expansion of transnational arbitration impacting on domestic practices and attitudes. More generally, the survey results highlights the important theoretical and practical implications of the lex mercatoria for individual countries like Japan.
Bibliographic Details
Provide Feedback
Have ideas for a new metric? Would you like to see something else here?Let us know