A Lex Mercatoria
resume esse momento onde a forma-Mercado torna-se a logica basica do ordenamento juridico mundializado.
[...] lex mercatoria
(and consequently commercial contracts) is made essentially by transnational corporations (many of which with headquarters in the United States) and by its major international offices, equally with headquarters in the United States.
But it is an intriguing and, as implied by the discourse around the autonomous nature of the lex mercatoria
, a highly suggestive one.
Because ancient lex mercatoria
norms fall directly in line with a corporation's desire to maximize profits and minimize liability and CSR norms tend to cut into profits and expose the corporation to new forms of liability, the marketplace embraced the former but will reject the latter to the extent that it impedes shareholder value.
The term 'lex sportiva' is not a pure Latinism, since the adjective 'sportiva' is not Latin, the term 'lex sportiva' obviously was created by analogy with lex mercatoria
; see generally, Boris Kolev, 'Lex Sportiva and Lex Mercatoria
This point is accentuated in his fleeting but incisive reference to international commercial arbitration and lex mercatoria
. While the former is viewed as serving as a temporary bridge until such time as transnational courts of civil procedure attendant to global law may come into being, it is abundantly clear in Professor Domingo's analysis of the subject that this historically necessary construct is far from a responsive development capable of serving humanity with a single voice that addresses global crises and concerns.