国際企業活動と国家「単位」秩序の限界 : 国際取引社会と国際商慣習法(lex mercatoria)

概要

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This paper is to examine that MNC through FDI and international business transactions are establishing a transnational transactions society which creates and maintains new autonomous global systems. In other words, it means the limits of a state sovereignty based regime. Traditionally, international transactions and business activit ; es have been governed by the laws which are selected and nominated out of laws of some states by the rule of conflict of laws (private international law), because there is no international uniform private laws. But these selected laws are primarily legislated for a regulation on domestic transactions and business. Therefore, there is a discrepancy between transactions and rules. Under above mentioned circumstances, the international commerce rules called "lex mercatoria" (law merchant) have been growing newly and some traditional state based legislation are being relinguished.
日本福祉大学の論文
1998-08-31