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Transnational Commercial Law: Text, Cases and Materials 2nd ed


ISBN13: 9780198735441
Previous Edition ISBN: 9780199251667
Published: September 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £86.00



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When the first edition of this student work was published some eight years ago transnational commercial law, introduced as a postgraduate course at the University of Oxford in 1995, was taught at a relatively small number of law schools. Since then the subject has blossomed and is now taught at law schools around the world. Focused on the products and processes of the harmonization of law relating to international commercial transactions, the book is an invaluable resource for students in this field.

In this new edition the work has been completely revised and updated, covering a number of new or substantially revised international instruments. In addition four new chapters have been added by specialist contributors dealing with regional harmonization, carriage of goods by sea, transactions in securities and the relationship between international conventions and national law.

The authority of the text is enhanced by the fact that all the authors have played leading roles in the drafting and development of many of the instruments examined in the work.

Subjects:
Commercial Law, International Trade
Contents:
Introduction

PART I: GENERAL PRINCIPLES
1. The Nature, History and Sources of Commercial Law
2.
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. Regional Harmonization
7. The Harmonization Process

PART II: A VIEW THROUGH ILLUSTRATIVE CONTRACTS AND HARMONIZING INSTRUMENTS
8. International Sales and the Vienna Sales Convention
9. Carriage of Goods by the Sea
10. Agency and Distribution
11. International Bank Payment Undertakings
12. Financial Leasing: the 1998 UNIDROIT Convention and the UNIDROIT Draft Model Law
13. Receivables Financing: the UNIDROIT Convention on International Factoring and the United Nations Convention on the Assignment of Receivables in International Trade
14. International Interests in Mobile Equipment and the Cape Town Convention and Aircraft Protocol: Adding a New Dimension to International Law-making
15. Transactions in Securities

PART III: HARMONIZATION OF GENERAL CONTRACT LAW
16. Restatements of Contract Law

PART IV: TRANSNATIONAL INSOLVENCY
17. Harmonization and Co-operation in Cross-border Insolvency

PART V: INTERNATIONAL DISPUTE RESOLUTION
18. International Civil Procedure
19. International Commercial Arbitration

PART VI: RECCURENT ISSUES OF HARMONIZATION
20. The Sphere of Application of a Convention: the Role of the Conflict of Laws
Determining the Connecting Factor
Co-existence and Conflicts of Instruments
21. Uniformity in Transnational Commercial Law
22. The Relationship between International Conventions and National Law