Soft Law in International Trade Finance PDF Download

Author: Agatha Brandão de Oliveira
Publisher: Brill Nijhoff
ISBN: 9789004709263
Category : Business & Economics
Languages : en
Pages : 0

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Book Description
Evaluating the Uniform Customs and Practice for Documentary Credits, this comparative study reveals its integration across legal systems and the practical effects on trade finance.

Author: Chris Brummer
Publisher: Cambridge University Press
ISBN: 113950472X
Category : Law
Languages : en
Pages :

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Book Description
The global financial crisis of 2008 has given way to a proliferation of international agreements aimed at strengthening the prudential oversight and supervision of financial market participants. Yet how these rules operate is not well understood. Because international financial rules are expressed through informal, non-binding accords, scholars tend to view them as either weak treaty substitutes or by-products of national power. Rarely, if ever, are they cast as independent variables that can inform the behavior of regulators and market participants alike. This book explains how international financial law 'works' - and presents an alternative theory for understanding its purpose, operation and limitations. Drawing on a close institutional analysis of the post-crisis financial architecture, it argues that international financial law is often bolstered by a range of reputational, market and institutional mechanisms that make it more coercive than classical theories of international law predict.

Author: John J. Kirton
Publisher: Routledge
ISBN: 1351931636
Category : Law
Languages : en
Pages : 414

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Book Description
An important read for academics and policy-makers alike, Hard Choices, Soft Law asserts that voluntary standards, or 'soft' law, are an important supplement to international law in a number of areas. This key work firstly outlines the approach taken to combining soft and hard law and trade, environment and labour values in the WTO and NAFTA, and in the prospective Millennium Round. Then, using the forestry sector - a realm where formal international law remains largely absent - the book provides a detailed examination of the role of soft law in action. It demonstrates how soft and hard law can be combined to promote trade, environmental and social cohesion, in ways that also permit sustainable development. The book presents a wealth of knowledge from a range of contributors familiar with the work of the G7/G8, the OECD, the Biodiversity Convention and the Codex Alimentarius.

Author: Thomas Cottier
Publisher: Oxford University Press
ISBN: 0199668191
Category : Business & Economics
Languages : en
Pages : 470

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Book Description
Analysing the emerging international legal framework governing financial institutions and markets, including monetary policies and monetary regulation, this book addresses the cross border issues that arise within this area. It highlights the lack of formal international law present, and shows how this contributed to the global financial crisis.

Author: Friedl Weiss
Publisher: BRILL
ISBN: 9004280324
Category : Business & Economics
Languages : en
Pages : 446

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Book Description
The Changing Landscape of Global Financial Governance and the Role of Soft Law provides interdisciplinary perspectives on the changing landscape of global financial governance by exploring the impact and role of soft law, directly or as a precursor of hard law, pertaining to financial governance. Since the shaping of financial governance impacts national, regional and global levels of regulation, different views and arguments contribute to the ongoing discussions about financial regulation. Against this background, this book brings together perspectives of economists and lawyers who have not rallied to one or the other popular call for more regulation as a panacea for the prevention of future global financial crises, calls which have all but drowned out more nuanced scientific debates. Instead, their analysis of aspects of remedial regulatory policy prescriptions already made or proposed demonstrates that carefully designed soft law can be deployed as a valuable method or tool of mediation between the unrestrained autonomy of dysfunctional markets and overzealously crafted hard law.

Author: Norbert Horn
Publisher: Springer
ISBN:
Category : Business & Economics
Languages : en
Pages : 760

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Book Description
The Law of International Trade Finance

Author: Ajendra Srivastava
Publisher: Springer Nature
ISBN: 9811554757
Category : Law
Languages : en
Pages : 334

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Book Description
This book presents a comprehensive and systematic study of the principal aspects of the modern law of international commercial transactions. Based on diverse sources, including legislative texts, case law, international conventions, and a variety of soft-law instruments, it highlights key topics such as the international sale of goods, international transport, marine insurance, international finance and payments, electronic commerce, international commercial arbitration, standard trade terms, and international harmonization of trade laws. In focusing on the private law aspects of international trade, the book closely analyzes the relevant statutes, case law and the European Union (EU) and international uniform law instruments like the Rome I Regulation, the UN Convention on the Contracts for the International Sale of Goods (CISG), UNCITRAL Model Laws; non-legislative instruments including restatements such as the UNIDROIT Principles on International Commercial Contracts, and rules of business practices codified by the ICC such as the Arbitration Rules, UCP 600 and different versions of the INCOTERMS. The book clearly explains the key concepts and nuances of the subject, offering incisive and vivid analyses of the major issues and developments. It also traces the evolution of the law of international trade and explores the connection between the lex mercatoria and the modern law. Comprehensively examining the issue of international harmonization of trade laws from a variety of perspectives, it provides a detailed account of the work of major players in the field, including UNCITRAL, UNIDROIT, ICC, and the Hague Conference on Private International Law (HCCH). Adopting the comparative law method, this book offers a critical analysis of the laws of two key jurisdictions—India and England—in the context of export trade. In order to stimulate discussion on law reform, it explains the similarities and differences not only between laws of the two countries, but also between the laws of India and England on the one hand, and the uniform law instruments on the other. Given its breadth of coverage, this book is a valuable reference resource not only for students in the fields of law, international trade, and commercial law, but also for researchers, practitioners and policymakers.

Author: Agatha Brandão de Oliveira
Publisher: BRILL
ISBN: 9004709274
Category : Business & Economics
Languages : en
Pages : 717

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Book Description
Expert contributors to this volume offer a comprehensive exploration of the UCP 600's impact on international trade finance law, examining the dynamic interplay between soft law and legal harmonization in 28 jurisdictions across all continents. With a rich array of case studies and insightful analysis, this book provides a nuanced interpretation of how soft law shapes global commerce. Its diverse perspectives and practical insights make it essential reading for practitioners and scholars seeking a deeper understanding of the real-world implications of soft law in trade.

Author: Abraham Newman
Publisher: Oxford University Press
ISBN: 0198818386
Category : Law
Languages : en
Pages : 219

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Book Description
This book examines the distributional consequences of creating new informal institutions, in particular, exploring explore the ways in which soft law can disrupt political contests over time and transform domestic and global rules.

Author: Diane A. Desierto
Publisher: Oxford University Press, USA
ISBN: 0198716931
Category : Business & Economics
Languages : en
Pages : 449

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Book Description
Wealth creation through trade, finance, and investment often comes at the price of rising inequality for vulnerable groups and individuals. This book examines how states can harmonize the social protection objectives of the International Covenant on Economic, Social, and Cultural Rights with their international economic treaty obligations.