Should the discussion on whether non-state law might be elected as the governing law of contract be silenced forever?

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Authors	GRODL Lukáš
Year of publication	2019
Type	Article in Proceedings
Conference	Universal, Regional, National – Ways of the Development of Private International Law in 21st Century
MU Faculty or unit	Faculty of Law
Citation
Web	Open access sborníku
Doi	http://dx.doi.org/10.5817/CZ.MUNI.P210-9497-2019-4
Keywords	Non-state Law; Lex Mercatoria; Rome I Regulation; Hague Principles; Globalization; Dichotomy; Model Law; Doctrine
Description	While the extent of the choice of law governing the cross-border contract is subjected to positive law, in the European Union being the Rome I Regulation, some always argued for expanded party autonomy regarding the non-state law. The European Commission proposed the incorporation of such in Rome I Regulation, but it has been ultimately rejected. This article considers the European development, debates whether discussion on non-state law being allowed as the governing law to a cross-border contract is still vital and provides an answer whether discussion on such should be ended or not.
Related projects:	Universal, regional, national - ways of the development of private international law in 21th century