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Author: Lorena Carvajal Arenas Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Nowadays traders are very frequently conducting their businesses in accordance with principles and usages forged in the practice of commerce. This has given rise to an ongoing discussion on the existence of an autonomous third legal order called transnational commercial law or the lex mercatoria. This article looks at the role of good faith in that legal system. As a consequence of the evolution of the law of contracts, the rise of transnational law and of the influence of its prevalent actors - multinational corporations - a cooperative view of contracts has been developed in international trade. This article argues that the rationale of cooperation, as the underlying current of transnational commercial contracts, has prompted a new way of interpreting the principle of good faith: it is understood as cooperation between the parties to a contract. This interpretation of good faith requires the party to take various steps to fulfil the legitimate expectations of the other party. Rather than being imposed by a central authority, such a predominantly voluntary cooperation is assumed by the parties for the common good of everyone involved in the contractual relationship. This notion fits the experience of global trade today to the point that - it will be submitted - good faith is the fulcrum of cooperation in cross-border trade. This proposition will be supported through the analysis of: philosophical doctrines; principles embracing transnational law and international arbitral awards. Furthermore, the development of good faith in some municipal legal systems will be considered; as well as the latest developments of good faith in EU law.
Author: Lorena Carvajal Arenas Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Nowadays traders are very frequently conducting their businesses in accordance with principles and usages forged in the practice of commerce. This has given rise to an ongoing discussion on the existence of an autonomous third legal order called transnational commercial law or the lex mercatoria. This article looks at the role of good faith in that legal system. As a consequence of the evolution of the law of contracts, the rise of transnational law and of the influence of its prevalent actors - multinational corporations - a cooperative view of contracts has been developed in international trade. This article argues that the rationale of cooperation, as the underlying current of transnational commercial contracts, has prompted a new way of interpreting the principle of good faith: it is understood as cooperation between the parties to a contract. This interpretation of good faith requires the party to take various steps to fulfil the legitimate expectations of the other party. Rather than being imposed by a central authority, such a predominantly voluntary cooperation is assumed by the parties for the common good of everyone involved in the contractual relationship. This notion fits the experience of global trade today to the point that - it will be submitted - good faith is the fulcrum of cooperation in cross-border trade. This proposition will be supported through the analysis of: philosophical doctrines; principles embracing transnational law and international arbitral awards. Furthermore, the development of good faith in some municipal legal systems will be considered; as well as the latest developments of good faith in EU law.
Author: Chang-fa Lo Publisher: Springer ISBN: 9811019959 Category : Law Languages : en Pages : 609
Book Description
This book focuses on the interaction and mutual influences between the East and the West in terms of their legal systems and practices. In this regard, it highlights Professor Herbert H.P. Ma’s achievements and his efforts to bring Eastern and Western legal concepts and systems closer together. The book shows that, while there have been convergences between different legal regimes in many fields of law, diverse legal practices and approaches rooted in differing cultural, social, political and philosophical backgrounds do remain, and that these differences are not necessarily negative elements in the contemporary legal order. By examining different levels of the legal order, including domestic, regional and multilateral, it goes on to argue that identifying these diversities and addressing the interactions and mutual influences between different regimes is a worthwhile undertaking, not only in terms of mutual enrichment, but also with regard to intensifying the degree of desirable coordination between different legal systems. All chapters were written by leading experts, practitioners and scholars from different jurisdictions with expertise in various fields of law and different levels of the legal order, and discuss a number of issues with particular focus on either “one-way” or mutual influences between the Eastern and the Western legal systems, practices and philosophies.
Author: Frédéric Gilles Sourgens Publisher: International and Comparative ISBN: 9789004522374 Category : Law Languages : en Pages : 0
Book Description
"They say it unwise to embark upon too large of a project in a dissertation. In fact, one should not consider a doctoral thesis to be something like a life's work. And, whatever one does, one should choose a discrete topic and stay away from the lure of insoluble theoretical morasses. As I always was more obstinate than clever, I disregarded all advice and plunged into the work you are about to read. The question I am trying to address has been with me for more than twenty-five years. It is the question that convinced to study philosophy before attempting to learn the law. It is the question that - as a bilingual perennial immigrant working in a foreign language since age seventeen - has bedeviled me for my entire adult life: how can we engage with each other and take each other seriously in all of our difference when we lack any common denominator - linguistic, ethical, cultural, social, philosophical or legal? The possibility of such an endeavor has always been a matter of Faith, faith in our ability to see the human dignity in each other, faith that our shared humanity might overcome even the most impossible of obstacles, faith that what is good in each of us will help us bridge what is peculiar"--
Author: R. Tuomela Publisher: Springer Science & Business Media ISBN: 9780792362012 Category : Business & Economics Languages : en Pages : 460
Book Description
In Cooperation, A Philosophical Study, Tuomela offers the first comprehensive philosophical theory of cooperation. He builds on such notions a collective and joint goals, mutual beliefs, collective commitments, acting together and acting collectively. The book analyzes the varieties of cooperation, making use of the crucial distinction between group-mode and individual-mode cooperation. The former is based on collective goals and collective commitments, the latter on private goals and commitments. The book discusses the attitudes and the kinds of practical reasoning that cooperation requires and investigate some of the conditions under which cooperation is likely, rationally, to occur. It also shows some of the drawbacks of the standard game-theoretical treatments of cooperation and presents a survey of cooperation research in neighbouring fields. Readership: Essential reading for researchers and graduate students in philosophy. Also of interest to researchers int he social sciences and AI.
Author: Nieves Arranz Peña Publisher: Palgrave MacMillan ISBN: 9780333986691 Category : Business & Economics Languages : en Pages : 193
Book Description
Annotation "The authors discuss the economic, organizational, strategic and game theory approaches to cooperation; they then proceed to analyse organization design and cooperation, and the sectors in which cooperation has the greatest relevance, namely in technology and international cooperation." "This book covers the theory and practice of cooperation in all its complex forms, making it an ideal tool for any business considering the pros and cons of carrying out cooperative projects, showing how good cooperation can best be achieved."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved.
Author: Yuliya Chernykh Publisher: International Litigation in Press ISBN: 9789004414679 Category : Law Languages : en Pages : 632
Book Description
"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
Author: Lorena Carvajal Arenas
Author: Lorena Carvajal Arenas
Author: Chang-fa Lo
Author: Frédéric Gilles Sourgens
Author: R. Tuomela
Author: William D. Jackson
Author: Nieves Arranz Peña
Author: 
Author: Reiner Schulze
Author: Yuliya Chernykh
Author: 3M Company