The Creeping Codification of the New Lex Mercatoria PDF Download
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Author: Klaus Peter Berger
Publisher: Kluwer Law International B.V.
ISBN: 9041131795
Category : Law
Languages : en
Pages : 466
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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: Klaus Peter Berger
Publisher: Kluwer Law International B.V.
ISBN: 9041131795
Category : Law
Languages : en
Pages : 466
Get Book Here
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
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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: Ugo Draetta
Publisher: MICHIE
ISBN:
Category : Law
Languages : en
Pages : 262
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Book Description
Author: Vito Piergiovanni
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 308
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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: Robin Burnett
Publisher: Federation Press
ISBN: 9781862877245
Category : Business & Economics
Languages : en
Pages : 576
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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: Routledge
ISBN: 1317530969
Category : Business & Economics
Languages : en
Pages : 1162
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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: Lutz-Christian Wolff
Publisher:
ISBN: 9789041186843
Category :
Languages : en
Pages :
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Book Description
Author: Roy Goode
Publisher: OUP Oxford
ISBN: 0191632392
Category : Law
Languages : en
Pages : 1810
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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: Richard Appelbaum
Publisher: Bloomsbury Publishing
ISBN: 1847312357
Category : Law
Languages : en
Pages : 442
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Book Description
International business transactions are heavily influenced by culture,practice and rule. The pursuit of business relationships within nation-states can be subject to differences in the generation of norms and the processing of disputes, but these conflicts are magnified many times over in cross-border transactions where nation-state control and support is weak or absent. This book seeks different explanations of the ways in which business people and their legal advisers try to minimise the effect of these magnified difficulties. At the outset the editors suggest four sources through which the international business community might be considered to have supplemented nation-state conflict prevention and dispute resolution institutions-an international legal order; the development of a private normative order based on common business practices (denominated the lex mercatoria); through the efforts and work product of internationalised law firms, and by means of extensive, thick personal relationships often referred to by their Chinese term guanxi. Since most explanations are dominated by North American and European legal scholarship and practice, a second concern of this book is to open up the discussion to competing explanatory frameworks. Specifically, it develops the notion that global legal convergence may not be the immediate, inevitable result of increased global economic interaction. Rather, less formal mechanisms for achieving normative understanding and predictability in business dealings may also flourish.
Author: Lucio Ghia
Publisher: CEDAM
ISBN: 8813361068
Category : Law
Languages : en
Pages : 343
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Book Description
Il testo di International Business Law di Lucio Ghia si snoda su tre distinte direttrici. La prima si occupa delle grandi organizzazioni sovrannazionali – Nazioni Unite, Organizzazione Mondiale del Commercio, Fondo Monetario Internazionale, Banca Mondiale, ecc. - fornendone un sintetico profilo storico, funzionale e per quanto possibile prospettico, alla luce dei necessari adeguamenti conseguenti alle trasformazioni geopolitiche ed economiche verificatesi negli ultimi decenni. La seconda direttrice pone il lettore a contatto con gli strumenti d’indirizzo legislativo sovrannazionale - ben noti all’autore, da oltre dieci anni delegato italiano all’UNCITRAL, la Commissione permanente per il diritto commerciale internazionale delle Nazioni Unite – nonché, sul terreno dei grandi temi del diritto commerciale internazionale, con le problematiche concrete relative all’incontro tra impresa privata e Stato e/o controparti istituzionali estere quali soggetti contrattuali, trattato con ricchezza di approfondimenti e con rimandi alle fonti di diritto internazionale ed europeo, applicate all’esperienza pratica. La terza parte è infine dedicata ai contratti internazionali, alle loro specificità, alle insidie più frequenti, alle clausole da evitare o da favorire, illustrate da alcuni apprezzati protagonisti della negoziazione e della contrattualistica internazionale, in una prospettiva non solo dottrinale e/o massimalistica ma davvero utile professionalmente, grazie al taglio autenticamente pratico, legato alla vita degli affari societari e commerciali.
