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Abstract Article (2000) 4 VJ 2, 132-146
Practical and Theoretical Implications of the Lex Mercatoria for Japan:
CENTRAL's Empirical Study on the Use of Transnational Law
Luke Nottage*
CENTRAL's work should be praised as a major contribution to uncovering more about a
key aspect of this process in commercial relations among private actors, and
indeed sometimes states, over recent decades. It adds a much more solid
quantitative basis on which to determine the usage of Transnational Law or the new
lex mercatoria, and complements more qualitative studies touching more briefly on
this problem.
CENTRAL's study suggests that the new lex mercatoria remains alive and well,
and relevant also to countries like Japan. In particular, it demonstrates that
this topic deserves ongoing scrutiny. Hopefully, experts in Japan will be prompted
to keep building on pioneering research on the lex mercatoria going back several decades.
* Jean Monnet Fellow, European University Institute Law Department; Barrister of
the High Court of New Zealand; Arbitrator, formerly Associate Professor of
Transnational Law, Kyushu University (Japan).
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