HETERARCHY OF THE CONCEPT OF LEX MERCATORIA IN THE FIELD OF PROCEDURAL AUTONOMY

Abstract

The article makes an attempt to study the modern essence of the lex mercatoria concept from the perspective of the historical background of the formation of an autonomous system of rules under the influence of globalization processes. The author examines the issues of the latest forms and rules of lex mercatoria application in the modern system of regulatory framework for cross-border relations. It is proved that the study of the lex mercatoria concept is based on the idea of legal pluralism, which implies the need to recognize in the legal doctrine a new modern understanding of law as a polycentric social system, which implies recognition of differentiation of forms of regulation of social relations. The author analyzes the correlation of lex mercatoria rules with related categories. It is determined that although they are located in the transnational legal space, they combine the features inherent in both formal and informal law. The purpose of the article is to provide a comprehensive analysis of the conditions of development and peculiarities of practical implementation of the lex mercatoria concept in the field of supranational jurisdiction as a trend of procedural autonomy in the context of the modern society’s heterarchy. Lex mercatoria can be viewed as a system of privately created transnational rules with quasi-legal effect, which is fully used in the formation of various legal structures in commercial law, acquires official legal force and can be enforced by jurisdictional procedures. The use of lex mercatoria rules plays an important role in the interpenetration of legal and non-legal methods of regulation, which leads to a reduction in the number of gaps, an increase in the degree of mobility of regulatory mechanisms, the emergence of hybrid (combined) regulatory mechanisms, etc. The concept of lex mercatoria contributes to a shift away from a model of judicial proceedings with foreign elements, when national legal orders could be considered the exclusive basis for resolving a transnational commercial dispute. This concept, showing promising potential, offers a new construction of cross-border law, enhances the role of the court and judges in building a new system of rule-making compared to the legislator, and finally consolidates the picture of procedural autonomy. The formation of new regulatory models at the level of transboundary relations allows us to offer the latest tools for their study, for example, a heterarchical model.