LEX MERCATORIA AND SOFT LAW AS PART OF NON-STATE SOURCES OF INTERNATIONAL SEA TRANSPORTATION REGULATION

Sobolev Igor Dmitrievich

The article deals with the problems of the legal nature, correlation and interaction of lex mercatoria and soft law as part of non-state sources of regulation of international shipping, as well as international commercial activity as such. Doctrinal positions and analysis of the relationship between the concepts of customs and habits, non-state sources of regulation, the legal nature and development of the concepts of lex mercatoria and soft law are presented. It has been established that the understanding of development trends and the study of the modern interaction of individual regulatory regulators of international, national, special customs, as well as regulations of international transport organizations, standard proformas, unified rules, regulations and standards, requires establishing a relationship between the regulators of the lex mercatoria and soft law spheres. Attention is drawn to the difference in the legal regulation of international and national law, as well as non-state sources of regulation of international maritime transport. The provisions of various normative regulators of private international law, state and non-state sources of regulation of relations in international trade are compared. It is concluded that it is private international law, as a legal science and a branch of law that overcomes conflict problems and solves the problem of combining various regulatory regulators in legal regulation, both international and national, and state and non-state origin, can provide the necessary legal tools for harmonious connection regulators of various normative nature.

Keywords:private international law, international trade law, lex mercatoria, soft law, custom, jurisdiction, international maritime transport