The Creeping Codification of the New Lex Mercatoria PDF Download

Author: Klaus Peter Berger
Publisher: Kluwer Law International B.V.
ISBN: 9041131795
Category : Law
Languages : en
Pages : 466

View

Book Description
Advanced notion of the Creeping Codification which is based on the 'TransLex Principles', operated by the Center for Transnational Law (CENTRAL) of Cologne University at www.trans-lex.org. The Trans- Lex Principles are based on the 'List of Principles, Rules and Standards of the Lex Mercatoria' which was reproduced in the Annex of the first edition of this book. This Internet-based codification method realized through the TransLex Principles corresponds to the unique character of the Creeping Codification of the New Lex Mercatoria which is an ongoing, spontaneous, and dynamic process which is never completed.

Author: Filip De Ly
Publisher: Emerald Group Publishing
ISBN: 9780444889713
Category : Law
Languages : en
Pages : 361

View

Book Description
Traditionally, legal problems arising in connection with international business transactions had to be solved by a national law. This view was challenged in post war scholarly writing and transnational practice. It was argued that transnational rules (such as transnational contracts, general conditions, trade usages, general principles, uniform rules, arbitral cases) should be applied instead. Often, these transnational rules are referred to as lex mercatoria. This volume analyzes the different legal approaches to international business problems (including the theory of lex mercatoria) as well as their implications for international practice. As such, the relevance and importance of substantive law and conflict of laws and of national, international and transnational rules are discussed both with regard to their application by national courts and by international commercial arbitrators.

Author: Vito Piergiovanni
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 308

View

Book Description
The argument of lex mercatoria - because of its important implications mainly in the international and commercial field of great interest to the jurist of civil law - is also fundamental to the historian of law. In fact, it can be considered both as a witness of new commercial legal institutions risen from the practice of affairs and defined by an international juridical science, and as a moment of crisis of the consolidated system since the first codes of the juridical sources. The authors of the articles collected in the present volume are historians of law of different cultural background and provenience. The publication at issue was conceived as an almost obligatory intervention in a debate which rather scantily considers epistemology as well as disciplinary boundaries.Each single study highlights a different aspect of the lex mercatoria and its relationship to the ius commune, studying both under different perspectives. The authors explore well-founded historical evidence across a broad chronological period from the Middle Ages until the nineteenth century, acrossing institutional settings differing both politically and operationally.The historical problem of the lex mercatoria is mainly dealt with from the point of view of the sources. The volume collects general studies in relation to the problem of the existence of the lex mercatoria and more specific items - many of them dedicated to the maritime law. Thus different keys of interpretation are given concerning the development of the European commercial law.

Author: Ugo Draetta
Publisher: MICHIE
ISBN:
Category : Law
Languages : en
Pages : 262

View

Book Description

Author: Andrew Hutchison
Publisher: Edward Elgar Publishing
ISBN: 178897106X
Category : Law
Languages : en
Pages : 368

View

Book Description
This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.

Author: Roy Goode
Publisher: OUP Oxford
ISBN: 0191632392
Category : Law
Languages : en
Pages : 1810

View

Book Description
Transnational commercial law represents the outcome of work undertaken to harmonize national laws affecting domestic and cross-border transactions and is upheld by a diverse spectrum of instruments. Now in its second edition, this authoritative work brings together the major instruments in this field, dividing them into thirteen groups: Treaty Law, Contracts, Electronic Commerce, International Sales, Agency and Distribution, International Credit Transfers and Bank Payment Undertakings, International Secured Transactions, Cross-Border Insolvency, Securities Custody, Clearing and Settlement and Securities Collateral, Conflict of Laws, Civil Procedure, Commercial Arbitration, and a new section on Carriage of Goods. Each group of instruments is preceded by linking text which provides important context by identifying the key instruments in each group, discussing their purposes and relationships, and explaining the major provisions of each instrument, thus setting them in their commercial context. This volume is unique in providing the full text of international conventions, including the preamble - which is important for interpretation - and the final clauses and any annexes. In addition, each instrument is accompanied by a complete list of dates of signature and ratification by all contracting states, all easily navigated through the detailed tables of contents which precedes it. This fully-indexed work provides an indispensable guide for the practitioner or academic to the primary transnational commercial law instruments.

Author: Ajendra Srivastava
Publisher: Springer Nature
ISBN: 9811554757
Category : Law
Languages : en
Pages : 342

View

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: Robin Burnett
Publisher: Federation Press
ISBN: 9781862877245
Category : Business & Economics
Languages : en
Pages : 576

View

Book Description
This book is a successor to Robin Burnett's Law of International Business Transactions. It provides an up-to-date analysis of the legal environment for international trade and covers:the changes made to payment and letters of credit by reason of the adoption of the UCP 600, which became effective in 2007, and other means of payment which are currently used;the provisions and possible adoption of the UNCITRAL Draft Convention on the Carriage of Goods Wholly or Partly by Sea;recent developments in the law relating to international sale of goods;the question of international arbitration and other means of dispute resolution; andthe strategies and issues of international operations while incorporating and building on the comprehensive information and material in the previous book.It will assist practitioners and students in their understanding of the legal and practical aspects of international and overseas trade and operations.

Author: Larry A. DiMatteo
Publisher: Taylor & Francis
ISBN: 1317530977
Category : Business & Economics
Languages : en
Pages : 683

View

Book Description
International Business Law and the Legal Environment provides business students with a strong understanding of the legal principles that govern doing business internationally. Not merely about compliance, this book emphasizes how to use the law to create value and competitive advantage. DiMatteo’s transactional approach walks students through key business transactions—from import and export, contracts, and finance to countertrade, dispute resolution, licensing, and more—giving them both context and demonstrating real world application. This new edition also includes: New material on comparative contract and sales law & European private law; joint ventures and collaborative alliances. A new part on foreign direct investment that includes a chapter on emerging markets. New chapters on privacy law, and on environmental concerns. Greater coverage of the World Trade Organization. "Case highlights" and court opinions that feature edited court transcripts which expose students to actual legal reasoning and an understanding of the underlying legal principles. These decisions are drawn from a broad range of countries, offering a truly international look at the subject. Students of business law and international business courses will find DiMatteo’s clear writing style easy to follow. A companion web site includes an instructor’s manual, PowerPoints, and other tools to provide additional support for students and instructors.

Author: Terence C. Halliday
Publisher: Cambridge University Press
ISBN: 1107069920
Category : Business & Economics
Languages : en
Pages : 559

View

Book Description
Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.