Transnational Commercial Law, Texts, Cases and Materials
Year: 2015 Language: english Author: Roy Goode et alli editors Genre: Reference book Publisher: Oxford University Press Edition: 2nd ISBN: 978–0–19–873544–1 Format: PDF Quality: eBook Pages count: 775 Description: Transnational commercial law consists of that set of rules, from whatever source, which governs international commercial transactions and is common to a number of legal systems. Such commonality is derived from international instruments of various kinds, such as con- ventions and model laws, and from codifications of international trade usage adopted by contract, as exemplified by the Uniform Customs and Practice for Documentary Credits published by the International Chamber of Commerce and the Model Arbitration Rules issued by the United Nations Commission on International Trade Law (UNCITRAL). Legislative guides of the kind published by UNCITRAL and UNIDROIT are also con- tributing to the process of harmonization at international level. So too are ‘soft law’ restate- ments, such as the UNIDROIT Principles of International Commercial Contracts, which though not binding are regularly resorted to by arbitral tribunals and influence the shaping of domestic legislation in developing as well as ‘developed’ countries. Underpinning these is the lex mercatoria, consisting of the unwritten customs and usages of merchants and general principles of commercial law. Though the primary focus of this work is on harmonization at the international level, the growth of regional harmonization must also not be overlooked. The most powerful and wide-ranging regional organization is, of course, the European Union, which has issued a number of directives and regulations affecting commercial transactions, a selection of which are included in this work. Other regional organizations which have produced and are continuing to develop regional uniform laws include the Organization of American States (OAS), the membership of which embraces all 35 independent American States, and the Organisation for the Harmonisation of Business Law in Africa (OHADA), consisting of 17 francophone African countries wishing to update their business law. From the materials contained in this work (which are necessarily very selective in charac- ter) the student should gain a perception of what drives commercial law, the reasons for harmonization, the institutions involved, the various ways in which transnational law is created, and the major problems and policy issues which have to be confronted. Extracts from articles are reproduced without footnotes, but occasionally we have inserted footnotes ourselves for clarification.
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Transnational Commercial Law, Texts, Cases and Materials
Language: english
Author: Roy Goode et alli editors
Genre: Reference book
Publisher: Oxford University Press
Edition: 2nd
ISBN: 978–0–19–873544–1
Format: PDF
Quality: eBook
Pages count: 775
Description: Transnational commercial law consists of that set of rules, from whatever source, which governs international commercial transactions and is common to a number of legal systems. Such commonality is derived from international instruments of various kinds, such as con- ventions and model laws, and from codifications of international trade usage adopted by contract, as exemplified by the Uniform Customs and Practice for Documentary Credits published by the International Chamber of Commerce and the Model Arbitration Rules issued by the United Nations Commission on International Trade Law (UNCITRAL). Legislative guides of the kind published by UNCITRAL and UNIDROIT are also con- tributing to the process of harmonization at international level. So too are ‘soft law’ restate- ments, such as the UNIDROIT Principles of International Commercial Contracts, which though not binding are regularly resorted to by arbitral tribunals and influence the shaping of domestic legislation in developing as well as ‘developed’ countries. Underpinning these is the lex mercatoria, consisting of the unwritten customs and usages of merchants and general principles of commercial law.
Though the primary focus of this work is on harmonization at the international level, the growth of regional harmonization must also not be overlooked. The most powerful and wide-ranging regional organization is, of course, the European Union, which has issued a number of directives and regulations affecting commercial transactions, a selection of which are included in this work. Other regional organizations which have produced and are continuing to develop regional uniform laws include the Organization of American States (OAS), the membership of which embraces all 35 independent American States, and the Organisation for the Harmonisation of Business Law in Africa (OHADA), consisting of 17 francophone African countries wishing to update their business law.
From the materials contained in this work (which are necessarily very selective in charac- ter) the student should gain a perception of what drives commercial law, the reasons for harmonization, the institutions involved, the various ways in which transnational law is created, and the major problems and policy issues which have to be confronted. Extracts from articles are reproduced without footnotes, but occasionally we have inserted footnotes ourselves for clarification.
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