Transnational Law

ASSESSMENT QUESTION

“The Lex Mercatoria threatens the very existence of the conflict of laws because once supranational norms emerge, choice of law rules and principles become superfluous…” Discuss this statement with respect to relevant case law, international instruments and legal scholarship on conflict of laws. With your discussion in mind, do you think there is a need for the harmonisation or not of commercial law?

*** Please this essay should be referenced by Oscola referencing system with at least 5 footnotes per page so everything should be referenced.
***you can support the argument with direct citation no more than 50 words because it will not be counted, i prefer to you use no more than 4 to 6 in this essay
***the lecturer asked us to define and explain some terms such as Lex Mecatoria, supranational law, conflict of law

***the lecturer mentioned these notes regarding the harmonization
1-    He expected to read examples regarding the harmonization such as the EU as an institution seeking to harmonise the member countries’ law and there mechanism in this aspect.
2-    Harmonization has different interoperation according to many reasons (find them out)
3-    The purpose of harmonization and why it is important?
4-    The main aim of harmonization is to avoid conflict of rules
5-    The need for international harmonization regarding the digital trade because there is no conventions or rules in this regard.
6-    Instruments of international harmonization (bilateral and multilateral treaties, soft law, standard form contracts and model contracts)¬¬¬¬¬¬ this point in very important
7-    Harmonization should be according to the case law and the EU states for example
*** These supranational rules replaced the choice of law
*** Please use confident websites regarding the case law examples