'LEX MERCATORIA' (medieval merchant law) and modern transnational commercial law:
Answer & Solution
Correct answer: D.
1. LEX MERCATORIA (Latin: 'merchant law') refers to the medieval body of commercial law developed by merchants themselves — independent of state law.
2. CHARACTERISTICS: transnational, based on commercial practice, customary, arbitrated by merchant courts.
3. INSTITUTIONS: medieval fairs (Champagne fairs), guild courts.
4. MODERN TRANSNATIONAL COMMERCIAL LAW — sometimes called 'NEW LEX MERCATORIA':
5. (i) UNIDROIT PRINCIPLES of International Commercial Contracts (1994, revised 2010, 2016) — international contract law;
6. (ii) CISG (Convention on Contracts for the International Sale of Goods 1980) — UN Convention;
7. (iii) UCP 600 (Uniform Customs and Practice for Documentary Credits) — ICC publication;
8. (iv) INCOTERMS (International Commercial Terms) — trade terms;
9. (v) ARBITRATION practice — ICC, LCIA, SIAC, MCIA, etc.;
10. (vi) HARMONIZATION through model laws.
11. STUDIED in transnational commercial law programs, e.g. at NLSIU's transnational commercial law course.
12. Hence option B is correct.
_Source: Legal Research Methodology + Jurisprudence — Lex Mercatoria; UNIDROIT Principles; CISG_
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