Globalisation and the Transnationalisation of Commercial and Financial Law

Abstract

This contribution explores the manner of and methodology behind the transnationalisation of commercial and financial law and its regulation and seeks to establish an academic framework that explains and makes this process more transparent. It tests the findings in four areas: the development of a dynamic transnational contract law in the professional sphere that is not solely intent based; the opening-up of the proprietary system particularly in the area of asset back funding in international financings leading to a dynamic transnational movable property law; the support for payment and transactional finality in international transactions; and the transfer of international cash-flows.

Keywords: globalisation, transnationalisation, lex mercatoria, transnational public order, transnational minimum public policy requirements