Short description
This volume contains a collection of all the major transnational commercial law instruments relating to commercial contracts, interspersed with explanatory linking text which identifies key issues covered by the instruments. The explanatory material, together with a detailed index, and
internal tables of contents for each instrument, makes this an invaluable source book for the practitioner.
Long description
"Text, Cases and Materials" on Transnational Commercial Law brings together all the major transnational commercial law instruments relating to commercial contracts in a logical and accessible way. The authors provide students with an extensive discussion on the theoretical issues raised by the law. The text examines the emergence of transnational commercial law, its nature and sources and the method by which harmonisation is achieved and some of the key problems involved. The text is supported by a companion web site providing updates.
Review
This new compilation of major international commercial law texts, with incisive commentary, is long overdue and is produced by authors of long experience in the field. It will be an invaluable resource for academic researchers and practitioners alike.
--Hal Burman, Executive Director, US State Department Advisory Committee on Private International Law
A first-class and comprehensive compilation of transnational commercial law instruments with excellent commentaries written by leading international experts--this is an outstandingly useful work.
--Philip Wood, Special Global Counsel, Allen & Overy, Visiting Professor/Distinguished Visiting Fellow at the Universities of Oxford, Cambridge and London
Table of contents
- PART I: GENERAL PRINCIPLES
- 1. The nature, history and sources of international law
- the relationship between international law and private commercial law governing cross-border transactions
- 2. The nature, history and sources of commercial law
- lex mercatoria, past, present and future
- 3. The conflict of laws in commercial transactions
- 4. The role of comparative commercial law
- 5. The harmonisation of commercial law
- instruments and institutions
- 6. The harmonisation process
- PART II: A VIEW THROUGH ILLUSTRATIVE CONTRACTS AND HARMONISING INSTRUMENTS
- 7. International sales and the Vienna Sales Convention
- 8. Agency and distribution
- 9. International bank payment undertakings
- 10. Leasing: The 1988 UNIDROIT Convention
- 11. Receivables financing: The 1988 UNIDROIT Convention on International Factoring and the UN Convention on the Assignment of Receivables in International Trade
- 12. International interests in mobile equipment and the Cape Town Convention and Aviation Protocol: Adding a new dimension to international law-making
- 13. Transactions in securities
- PART III: HARMONISATION OF GENERAL CONTRACT LAW
- 14. Restatements of contract law
- 15. E-commerce aspects of contract
- PART IV: TRANSNATIONAL INSOLVENCY
- 16. Harmonisation and co-operation in cross-border insolvency
- PART V: INTERNATIONAL DISPUTE RESOLUTION
- 17. International civil procedure
- 18. International commercial arbitration
- PART VI: RECURRENT ISSUES OF HARMONISATION
- 19. The sphere of application of a convention: The role of the conflict of laws: Determining the connecting factor
- 20. Uniformity in transnational commercial law
- 21. Getting to yes: Practical and political problems of harmonisation