International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal

Call for Paper Volume 8, Issue 4 (July-August 2026) Submit your research before last 3 days of August to publish your research paper in the issue of July-August.
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Volume 8 Issue 4
July-August 2026

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Jurisdictional Competition and the Evolution of Legal Orders

Author(s) Virat Tyagi
Country India
Abstract This paper investigates the historical evolution of Western legal institutions and the persistent conflict between state sovereignty and private, stateless legal frameworks such as the modern united nations. We explain this by referring to the $5.8 billion ICSID award in Tethyan Copper Company v. Pakistan as a contemporary stimulus, the inquiry explores how the Western legal tradition despite having shared medieval roots is still fragmented into incompatible institutional orders. The analysis explores the Ecclesiastical Foundation of law itself , where the Papal Revolution birthed "legal science" and the internal logic of jurisprudence, the Bifurcation of State Law where divergent architectures emerged to prevent judicial subversion furthermore, how the law merchants utilized a private reputation based system (Lex Mercatoria) to substitute for official state courts which were having several conflicts with state courts, enforcing compliance via social capital rather than legal action. The paper finally concludes that modern international arbitration represents a return to a Neo-Medieval cooperative legal order. While the state maintains a dominance over territorial control , the "stateless" merchant order has successfully institutionalized a dominance on global commercial and geopolitical trust, prioritizing operational effectiveness over sovereign will.
Keywords Western legal tradition, Papal Revolution, Lex Mercatoria, legal origins theory, international commercial arbitration, ICSID, legal pluralism, institutional path dependency
Field Sociology > Archaeology / History
Published In Volume 8, Issue 4, July-August 2026
Published On 2026-08-14
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E-ISSN 2582-2160
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CrossRef DOI prefix of IJFMR is 10.36948/ijfmr

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