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Transnational Commercial Law: International Instruments and Commentary 2nd ed


ISBN13: 9780199582860
Previous Edition ISBN: 0199251673
Published: March 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £402.50



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This new edition contains a fully updated collection of all the major transnational commercial law instruments relating to commercial contracts, interspersed with explanatory linking text indentifying key issues covered by the instruments.

This unique work provides an indispensible guide to the primary transnational commercial law instruments and brings together the major instruments in the field, dividing them into twelve 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 Settlement and Securities Collateral, Conflict of Laws, Civil Procedure, and Commercial Arbitration.

Each group of instruments is preceded by linking text which identifies the key instruments in each group, discusses their purposes and relationships, and explains the major provisions of each instrument.

In addition, each instrument is accompanied by a complete list of dates of signature and ratification by all contracting states, and is preceded by a table of contents for that instrument, for ease of navigation.

This fully-indexed work provides an indispensable guide for the practitioner or academic to the primary transnational commercial law instruments.

Subjects:
Commercial Law, International Trade
Contents:
Preface

I TREATY LAW
A. Introductory Text
B. Instruments
Vienna Convention on the Law of Treaties

II INTERNATIONAL AND EUROPEAN RESTATEMENTS OF CONTRACT LAW
A. Introductory Text
B. Instruments
UNIDROIT Principles of International Commercial Contracts
Principles of European Contract Law

III ELECTRONIC COMMERCE
A. Introductory Text
B. Instruments
UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Signatures 2001
EC Directive on Electronic Commerce 2000
EC Directive on Electronic Signatures 1999
CMI Rules for Electronic Bills of Lading 1990

IV INTERNATIONAL SALES
A. Introductory Text
B. Instruments
Vienna Convention on Contracts for the Internaional Sale of Goods
ICC Incoterms (2010 version)

V AGENCY AND DISTRIBUTION
A. Introductory Text
B. Instruments
The First Company Directive (EC)
The EC Directive on Commercial Agents
UNIDROIT Model Franchise Disclosure Law

VI INTERNATIONAL CREDIT TRANSFERS AND BANK PAYMENT UNDERTAKINGS
A. Introductory Text
B. Instruments
UNCITRAL Model Law on International Credit Transfers 1992
ICC Uniform Customs and Practice for Documentary Credits (UCP 600)
Supplement to UCP 500 for Electronic Presentation (eUCP) Version 1.0
ICC Uniform Rules for Demand Guarantees (2010 revision)
International Standby Practices 98 (ISP 98)
1995. UN Convention on Independent Guarantees and Standby Letters of Credit
ICC Uniform Rules for Contract Bonds 1993

VII INTERNATIONAL SECURED TRANSACTIONS
A. Introductory Text
B. Instruments
ERBD Model Law on Secured Transactions
OAS Model Law on Secured Transactions
Brussels Convention on Maritime Liens and Mortgages 1926
Brussels Convention on Arrest of SeaGoing Ships 1952
Geneva Convention on Maritime Liens and Mortgages 1993
Geneva Convention on Arrest of Ships 1999
Rome Convention on Precautionary Arrest of Aircraft 1993
Geneva Convention on Recognition of Rights in Aircraft 1948
UNIDROIT Convention on International Financial Leasing 1998
Convention on International Interests in Mobile Equipment and the Aircraft Protocol thereto 2001
Luxembourg Protocol to the Cape Town Convention
UNIDROIT Model Law on leasing
UNIDROIT Convention on International Factoring 1988
UN Convention on the Assignment of Receivables in International Trade

VIII CROSS BORDER INSOLVENCY
A. Introductory Text
B. Instruments
European Convention on Certain International Aspects of Bankruptcy 1990x
UNCITRAL Model Law on Cross Border Insolvency
Council Regulation (EC) No 1346/2000 on Insolvency Proceedings

IX Securities Custody, Clearing and Settlement and Securities Collateral
IX SECURITIES CUSTODY, CLEARING AND SETTLEMENT AND SECURITIES COLLATERAL
A. Introductory Text
B. Instruments
EC Settlement Finality Directive 1998, 98/26/EC
EC Directive on Financial Collateral Arrangements 2002, 2002/47/EC
Directive 2009/44/EC amending the Settlement Finality Directive and the Financial Collateral Arrangements Directive
UNIDROIT (Geneva) Convention on Substantive Rules for Intermediated Securities, 2009

X CONFLICT OF LAWS
A. Introductory Text
B. Materials
Hague Convention on the Law Applicable to Agency 1978
Hague Convention on the Law Applicable to Contracts for the International Sale of Goods 1986
EC Regulation on Contractual Obligations (Rome I)
InterAmerican Convention on the Law Applicable to International Contracts 1990
Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary 2002
Hague Convention on the Law Applicable to Contracts for the International Sale of Goods 1980

XI INTERNATIONAL CIVIL PROCEDURE
A. Introductory Text
B. Instruments
European Convention on State Immunity
UN Convention on jurisdictional immunity 2005
Council Regulation (EC) No 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters
MERCOSUR/CMC/DEC Nro.
05/92
MERCOSUR/CMC/DEC Nro.
07/02 Enmienda Al Protocolo De Cooperacion Y Asistencia Jurisdiccional En Materia Civil, Comercial, Laboral Y Administrativa Entre Los Estados Partes Del Mercosur
Buenos Aires Protocol on International Jurisdiction in Contractual Matters
Hague Convention on the Service Abroad of Judicial and Extrajudicial Matters, 1994
Council Regulation (EC) No 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters
Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, 1970
Council Regulation (EC) No.
1206/2001 on Cooperaration between Courts of the Member States in the Taking of Evidence in Civil or Commercial Matters
ALI/UNIDROIT Principles of Transnational Civil Procedure
Hague Convention on Choice of Court Agreements

XII INTERNATIONAL COMMERCIAL ARBITRATION
A. Introductory Text
B. Instruments
Convention on the Recognition and Enforcement of Foreign Arbitral Awards
InterAmerican Convention on International Commercial Arbitration
UNCITRAL Model Law on International Commercial Arbitration
UNCITRAL Arbitration Rules
The International Chamber of Commerce Rules of Arbitration 2111
Acuerdo Sobre Arbitraje Comercial Internacional Del MERCOSUR

XIII CARRIAGE OF GOODS
A. Introductory Text
B. Instruments
Warsaw/Montreal Convention
Convention on the Contract for the International Carriage of Goods by Road
Hague-Visby Rules
2008. UN Convention on Contracts for the Carriage of Goods Wholly or Partly by Sea (Rotterdam Rules)
Hague Rules, 1924

INDEX