| Popis: |
The research goal of this chapter is to analyze the impact of economic processes of neo-industrialization on the scope of cross-border economic relations of economic entities, which finds its manifestation in the convergence of the relevant legal regulation. It is concluded that vertical integration, as an essential feature of neo-industrialization, has the greatest impact on the legal regulation of cross-border economic relations and leads to a dissonance between relatively stable and conservative legal regulation and the constantly evolving vital needs of transnational corporations. Neo-industrialization processes attach particular importance to the convergence of legal regulation, but rapprochement does not necessarily lead to the creation of unified norms; the result may be the coherence of national legal systems and international law. Currently, it is necessary to develop a unified approach to the definition of international (cross-border) commercial transactions. In this case, the determining location should be the location of the commercial enterprises of the parties. Various alternative sources of regulation of international (cross-border) commercial transactions that are the result of the activities of the intellectual business elite, including those concentrated in the framework of transnational corporations, as well as international associations and non-governmental organizations, are studied. It is substantiated that from a formal legal point of view, sources of non-national regulation do not fall under the concept of “law”, therefore, they can be used by state courts only through a direct reference to them in the contract, i.e. as a condition of the contract binding on the parties. At the same time, the concept of “law” is being transformed in the activities of international commercial arbitrations, it is being expanded to include transnational norms of non-state origin, which is a manifestation of the convergence of legal regulation of cross-border economic relations between business entities. |
