Non-State Rules in International Commercial Law PDF Download
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Author: Johanna Hoekstra
Publisher: Routledge
ISBN: 1000362639
Category : Law
Languages : en
Pages : 230
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Book Description
Through further technological development and increased globalization, conducting busines abroad has become easier, especially for Small and Medium Enterprises (SME). However, the legal issues associated with international commerce have not lessened in complexity, including the role of non-state rules. The book provides a comprehensive analysis of non-state rules in international commercial contracts. Non-state rules have legal authority in the national and international sphere, but the key question is how this legal authority can be understood and established. To answer this question this book examines first what non-state rules are and how their legal authority can be measured, it then analyses how non-state rules are applied in different scenarios, including as the applicable law, as a source of law, or to interpret either the law or the contract. Throughout this analysis three other important questions are also answered: when can non-state rules be applied? when are they applied? and how are they applied? The book concludes with a framework and classification that leads to a deeper understanding of the legal authority of non-state rules. Providing a transnational perspective on this important topic, this book will appeal to anyone researching international commercial law. It will also be a valuable resource for arbitrators and anyone working in international commercial litigation.
Author: Johanna Hoekstra
Publisher: Routledge
ISBN: 1000362639
Category : Law
Languages : en
Pages : 230
Get Book
Book Description
Through further technological development and increased globalization, conducting busines abroad has become easier, especially for Small and Medium Enterprises (SME). However, the legal issues associated with international commerce have not lessened in complexity, including the role of non-state rules. The book provides a comprehensive analysis of non-state rules in international commercial contracts. Non-state rules have legal authority in the national and international sphere, but the key question is how this legal authority can be understood and established. To answer this question this book examines first what non-state rules are and how their legal authority can be measured, it then analyses how non-state rules are applied in different scenarios, including as the applicable law, as a source of law, or to interpret either the law or the contract. Throughout this analysis three other important questions are also answered: when can non-state rules be applied? when are they applied? and how are they applied? The book concludes with a framework and classification that leads to a deeper understanding of the legal authority of non-state rules. Providing a transnational perspective on this important topic, this book will appeal to anyone researching international commercial law. It will also be a valuable resource for arbitrators and anyone working in international commercial litigation.
Author: Maren Heidemann
Publisher: Bloomsbury Publishing
ISBN: 1137605197
Category : Law
Languages : en
Pages : 341
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Book Description
Transnational Commercial Law is a textbook that deals predominantly with substantive legal contract rules that apply across borders and are designed to govern cross-border business transactions. This is an emerging field of research, teaching and practical interest in international trade and commercial law, requiring reference to multiple areas of law, including both private and public international law, the law of specific commercial transactions and arbitration. For the first time Transnational Commercial Law combines all these relevant issues in one book, and provides a basis for further study as well as detailed, cutting edge academic analyses. It provides a compact yet accessible guide to the most important cornerstones of this evolving legal discipline. Transnational Commercial Law is aimed primarily for use on LLM courses and master's programmes in commercial law. Students are presented with the actual contractual rules in the wider context of the general legal framework, and situates it within the theoretical debate, providing a truly international perspective on transnational commercial law in a globalised world.
Author: Paul H. Vishny
Publisher: McGraw-Hill Companies
ISBN:
Category : Commercial law
Languages : en
Pages : 1030
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Book Description
Author: David Oser
Publisher: Martinus Nijhoff Publishers
ISBN: 9004167897
Category : Law
Languages : en
Pages : 203
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Book Description
This book offers in-depth analysis of the foundations of, and justifications for, application of the Unidroit Principles of International Commercial Contracts as the governing law to be recognized by arbitral tribunals and domestic courts.
Author: Jan Ramberg
Publisher: ICC Publishing
ISBN:
Category : Business & Economics
Languages : en
Pages : 516
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Book Description
The ICC has enunciated several rules, practices, standard contracts, & clauses for the facilitation of international trade. Although guidance exists for commercial practice in many different sectors--such as sale of goods, agency, insurance, documentary credits, guarantees, & transport--merchants & legal practitioners face a difficult task in trying to understand the interrelation of the various rules & practices within the vast area of international trade. International Commercial Transactions fills this gap in understanding by presenting a concise look at the most relevant rules & practices applicable to transnational trade transactions. The bases for its analysis include generally accepted principles, as laid down in international conventions, & rules & practices elaborated under the auspices of governmental & non-governmental bodies, such as UNIDROIT, UNCTAD, UNCITRAL & ICC, CMI, FIATA & BIMCO. The appendix provides the most commonly used rules, conditions, & documents. This book contributes to a complete understanding of rules of law & their rationales, general principles, standard contracts, & commercial practice as they interact in the context of international trade law. Its extensive scope, coupled with a concise, lucid style makes International Commercial Transactions an essential tool for obtaining first-hand knowledge & the foundation needed for further study or practice of international trade law.
Author: Maren Heidemann
Publisher: Springer Science & Business Media
ISBN: 3642275001
Category : Law
Languages : en
Pages : 78
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Book Description
This paper looks at the current status and role of specific commercial contract law both national and international in view of recent European contract law reform. It reviews the value and necessity of a special and separate contract law for merchants in a global market and discusses critically the terminology, doctrine and objectives which this law is based upon. For a long time the choice of transnational law rules which are often non-state law has been marginalised and made impossible in state court proceedings. The new Common European Sales Law circumvents this problem by proposing to be used as national law. International practice in commercial dispute settlement may therefore still remain at the forefront of promoting and modelling the use of transnational contract law.
Author: Mert Elcin
Publisher: Universal-Publishers
ISBN: 1599423030
Category : Law
Languages : en
Pages : 89
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Book Description
International commercial contracts in the context of increasing globalization of the national markets have posed some of the most difficult questions of the legal theory as developed since the emergence of nation states; those are, whether it is possible or desirable to allow international commercial contracts to be governed by the law merchant or, in its medieval name, lex mercatoria, a body of rules which has not been derived from the will of sovereign states, but mainly from transnational trade usages and practices, and to what extent those rules should govern transnational transactions. The traditional approach of legal positivism to the questions maintains that law governing contracts containing a foreign element should be a national law which will be determined according to choice of law rules. However, the particularities of cross border trade yield unsatisfactory results when the rules essentially designed for the settlement of domestic disputes or national laws pertaining to international economic relations, but developed under the influence of a certain legal tradition, are tried to be applied. New solutions are needed to overcome the special problems of international trade between merchants from different legal systems. In that regard, while the international commercial arbitration which has been freed from the constraints of the domestic laws is an important step, the courts generally applying the principle of party autonomy which allows parties to designate the law that will apply to their transactions have proved insufficient due to the positivistic influence on the conflict of laws rules of most countries which has limited parties' choice of law to the national substantive laws. The problems created by those inconsistencies and divergences have been felt more strongly in the European Community which constitutes an internal market by integrating the national markets of Member States into a single one. The present paper is an attempt to search for answers to those questions with a special emphasis on the situation in the European Community on the basis of the idea that law as a servant of social need must take account of the far reaching and dramatic socio-economic changes.
Author: Giuditta Cordero-Moss
Publisher: Cambridge University Press
ISBN: 113995234X
Category : Law
Languages : en
Pages : 347
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Book Description
Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses international contract practice and its interaction with the various applicable sources: which role is played by the contractual regulation, which by national law, which by transnational sources, what is the interaction among these factors, and how does this all apply to contracts that refer disputes to international arbitration?
Author: United Nations Commission on International Trade Law
Publisher: United Nations
ISBN: 9210055292
Category : Law
Languages : en
Pages : 120
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Book Description
The Guide offers an overview of the uniform law instruments in the area of international commercial contracts. Chapters I and II provide information on the origin and purpose, scope and approach, and intended readership of the Guide. Chapter III deals with issues of private international law, namely the determination of the law applicable to international commercial contracts, whether chosen or not by the parties. Reference is made to the texts prepared by the Hague Conference on Private International Law, specifically the HCCH Principles on Choice of Law in International Commercial Contracts. Chapter IV deals with the uniform law of international sales, discussing in particular the provisions of the United Nations Convention on Contracts for the International Sale of Goods, the Convention on the Limitation Period in the International Sale of Goods and the UNIDROIT Principles of International Commercial Contracts, and their interaction. Chapter IV also contains a reference to regional uniform texts and to model contracts based on uniform texts. Chapter V contains a summary of recurring legal issues that arise frequently in connection with sales contracts and how they are addressed in uniform law instruments.
Author: Morten Fogt
Publisher: Kluwer Law International B.V.
ISBN: 9041140751
Category : Law
Languages : en
Pages : 304
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Book Description
In theory, the numerous existing formal instruments designed to unify or harmonize international commercial law should achieve the implied (and desired) end result: resolution of the legal uncertainty and lack of predictability in the legal position of traders. However, it is well known that they fall far short of such an outcome. This innovative book (based on a conference held at the University of Aarhus in October 2009) offers deeply considered, authoritative responses to important practical questions that have still not been answered comprehensively, and that need to be answered for the efficient conduct of international commerce and for the future development of international commercial law. These questions include: ; Can clearly preferred methods of unification and harmonization be identified? What are the benefits of achieving unification and harmonization by means of party autonomy and contract practice? Is it necessary first to harmonize some aspects of private international law? Which aspects of unification and harmonization should be formal, and which can remain informal? How should formal and informal measures interact? What conflicts are likely to arise, and what resolutions are available? Should tensions be seen as inevitable, positive, and necessary? Which of several international instruments are applicable, and what order of priority should apply? Sixteen different nationalities are represented, allowing for fruitful discussion across all major legal systems. Prominent scholars and experienced practitioners offer deeply informed insights into how to navigate the complex field of international commercial law with its multiplicity of instruments, and how to resolve or neutralize the possible defects of various different means of unification and harmonization of international commercial law. These insights and proposals are sure to be welcomed by interested academics, practitioners, judges, arbitrators, and businessmen throughout the world at global, regional, and local levels.
