Jusletter

The topic of a lex mercatoria (a non-national, autonomous commercial law) appeared in the early 60ies and is still being vividly discussed today. Over time, the discussion shifted from the philosophical level (is there law besides the national laws?) to the practical (does it make sense to refer to the lex mercatoria and what exactly is it anyway?). The following comments were made at an international conference in Oñati (Spain) in 1999 and published in early 2002. A recent workshop on transnational law in Zurich demonstrated its continuing topicality. The legal writing on non-national commercial law, especially as applied in commercial arbitration, is often confusing and barely accessible anyway. This article provides a first and rather easy to read access. Please note that the purpose of the article was to explain why the topic of the lex mercatoria was less important than most other participants at the conference thought and many specialists still think today.