The globalization and the reemerging of the lex mercatoria
DOI:
https://doi.org/10.5433/2178-8189.2007v11n0p227Keywords:
Globalization, state, sovereignty, law, lex mercatoria.Abstract
The present paper is considered in two linked parts between the globalization and the global process of lex mercatoria. Firstly the main discussions of the globalization concept will be established, from its politics formation and its technological condition into its consequences in legal and political levels. Emphasis in the changes that the State suffers in relation the sovereignty, market and jurisdiction will be given. Lex mercatoria, appears in this context as the processes of formations of Law “without State”, or better, in such way where the State counts on other actors in the construction of this Law, as well as, the increasing paper of the courts of arbitration in this process.