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Contribution to Book
Spontaenous Standardization and the New Lex maritima
The Role of Arbitration in Shipping Law
(2016)
Abstract
Transnational shipping by definition spans multiple jurisdictions. This gives rise to an important question with respect to shipping law. Given the absence of a dominant legislative authority, will a standardized corpus of transnational shipping law emerge or is it destined to become a fragmented, polycentric jumble of conflicting legal practices and norms? Without the guiding hand of a central legislative authority, what mechanism, if any, can be relied upon to ensure the emergence of a standardized body of rules? Building upon the concept of network externalities, this chapter posits a theory as to how legal standardization may occur in a decentralized spontaneous fashion, and discusses how formal law may reinforce or hinder this process. To that end, the new lex maritima is taken as a case study.
Keywords
- spontaneous standardization,
- decentralization,
- transnational law,
- lex maritima,
- network effects
Disciplines
Publication Date
2016
Editor
Miriam Goldby, Loukas Mistelis
Publisher
Oxford University Press
Citation Information
Bryan H. Druzin. "Spontaenous Standardization and the New Lex maritima" OxfordThe Role of Arbitration in Shipping Law (2016) Available at: http://works.bepress.com/bryan_druzin/24/