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Transnational Commercial Law Text, Cases and Materials
By
Roy Goode, QC, Herbert Kronke, Ewan McKendrick, Je
Description
* Provides all
text and materials needed by the student of commercial law and
supported by the companion volume, Primary Materials
* Written by a
team of authors who, as particpants in the preparation of many of the
instruments under examination, are particularly well qualified to
explain them.
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 harmonization is achieved and some of the key problems
involved.
The text is
supported by a companion web site providing updates.
Readership:
Postgraduate students of commercial law as well as academics in this
area.
Contents
PART I: GENERAL PRINCIPLES
1. The nature,
history and sources of commercial law
2. The conflict of
laws in commercial transactions
3. International
law as it affects private law conventions governing cross-border
commercial transactions
4. Comparative law
and its relevance to transnational commercial law
5. The
harmonization of commercial law; instruments and institutions
6. The
harmonization process
PART II: A VIEW THROUGH ILLUSTRATIVE
CONTRACTS AND HARMONIZING INSTRUMENTS
7. International
sales and the Vienna Sales Convention
8. Agency and
distribution
9. International
bank payment undertakings
10. Financial
Leasing: The UNIDROIT Convention and the draft UNIDROIT Model Law
11. Receivables
financing: The 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: HARMONIZATION OF GENERAL
CONTRACT LAW
14. Restatements
of contract law
PART IV: TRANSNATIONAL INSOLVENCY
15. Harmonization
and co-operation in cross-border insolvency
ART V:
INTERNATIONAL DISPUTE RESOLUTION
16. International
civil procedure
17. International
commercial arbitration
PART VI: RECURRENT ISSUES OF
HARMONIZATION
18. The sphere of
application of a convention: The role of the conflict of laws:
determining the connecting factor; co-existence and conflicts of
instruments
19. Uniformity in
transnational commercial law
20. Getting to
yes: Practical and political problems of harmonization
Authors, editors,
and contributors
Roy Goode,
Emeritus Professor of Law in the University of Oxford and Emeritus
Fellow of St. John\\\\\\\'s College, Oxford,
Herbert Kronke,
Secretary-General UNIDROIT, Rome, and Professor of Law at the
University of Heidelberg, and
Ewan
McKendrick, Pro-Vice-Chancellor and Herbert Smith Professor of
English Private Law in the University of Oxford
and
Consultant in
International Commercial Law and Practice Jeffrey Wool,
Consultant, Freshfields Bruckhaus Deringer, London, and Secretary to
the Aviation Working Group.
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