Practice question · True or false
The lex mercatoria draws its binding force from the statutes of the states whose traders use it.
Hints
- Ask who wrote the standard trade terms and the model contracts.
- Its authority comes from use and from arbitral practice.
Show the answer
False
Why
False, and that is what makes it interesting. Standard trade terms, model contracts and uniform principles are drawn up by private and technical bodies; they operate because traders adopt them and arbitrators apply them. Whether that makes them law is genuinely disputed, they pass the realist test and fail the formal one.
Practise The International Legal Order
The app has 5 more questions on this lesson, and keeps your place in the course. Law I is free to start.
More questions on The International Legal Order
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