The Development of Transnational Commercial Law: Policies and Problems

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The Development of Transnational Commercial Law: Policies and Problems

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For over 40 years Professor Sir Roy Goode QC has been involved in the preparation of international instruments, working with the International Institute for the Unification of Private Law, the Hague Conference of Private International Law and the International Chamber of Commerce.

The essays selected for this volume, written over the course of Sir Roy's career, offer a unique insight into the development of transnational commercial law, combining close theoretical study with an understanding of the practical relevance and application of the principles under discussion.

Encompassing a range of topics, such as the processes and products of international harmonisation, comparative law and the conflict of laws, and placing a particular emphasis on the policies and problems of harmonisation, these essays were ground-breaking at the time of their publication and are still widely referenced to this day. Authorial commentary on the essays, provided through introductions to each section of the book, helps the reader to trace how the law has developed since, and often as a result of, the publication of each paper.

PART I. HARMONISATION

1: Reflections on the Harmonisation of Commercial Law

2: International Restatements of Contract and English Law

3: International Restatements and National Law

4: Contract and Commercial Law: The Logic and Limits of Harmonisation

5: The Protection of Interests in Movables in Transnational Commercial Law

6: Insularity or Leadership? The Role of the United Kingdom in the Harmonisation of Commercial Law

7: The Treatment of Intangible Assets Under the Cape Town Convention and Protocols

8: From Acorn to Oak Tree: the Development of the Cape Town Convention and Protocols

9: The Priority Rules Under the Cape Town Convention and Protocols

10: Battening Down Your Security Interests: How the Shipping Industry Can Benefit from the UNIDROIT Convention on International Interests in Mobile Equipment

11: The Power to Dispose Under the Cape Town Convention and Aircraft Protocol

12 Abstract Payment Undertakings and the Rule of the International Chamber of Commerce:

PART II. PRIVATE AND PUBLIC INTERNATIONAL LAW

13: Security Entitlement as Collateral and Conflict of Laws

14: The hague Convention on Intermediated Securities

15: The Cape Town Convention and Protocols and the Conflict of Laws

16: Private Commercial Law Conventions and Public and Private International Law: The Radical Approach of the Cape Town Convention 2001 and Its Protocols

17: The Assignments of Pure Intangibles in the Conflict of Laws

PART III. USAGE AND THE LEX MERCATORIA

18: Usage and Its Reception in Transnational Commercial Law

19: A New International Lex Mercatoria?

20: Rule, Practice, and Pragmatism in Transnational Commercial Law

21: Is the Lex Mercatoria Autonomous?

PART IV. DISPUTE RESOLUTION

22: The role of the Lex Loci Arbitri in International Commercial Arbitration

23: The Adaption of English Law to International Commercial Arbitration

24: Litigation on Arbitration? The Influence of the Dispute Resolution Procedure on Substantive Rights

25: The End of an Era: A Tribute to Jacob Ziegel