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The Future of Commercial Law: Ways Forward for Harmonisation

The Future of Commercial Law: Ways Forward for Harmonisation

Author: Orkun Akseli; John Linarelli
Publisher: Hart Publishing
ISBN: 9781509914692
Published In: April 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,820.00

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Harmonisation and unification of commercial law remains one of the most important projects in developing the institutional architecture for the global economy. This edited collection engages with the challenges and contributes to a greater understanding of the problems faced by states, international organisations, and private sector actors in the harmonisation and unification of commercial law.

The volume takes stock of the project to-date and looks towards restructuring of the agenda to deal with new challenges. The primary aim of the collection is to understand the future of commercial law harmonisation and unification in a way that gives effect to the interests of stakeholders and thereby incentivises both innovation and higher standards for commercial law reform. In so doing, the collection informs the debate on harmonisation of commercial law and will be of interest also outside of academia to those involved in the harmonisation and unification of commercial law around the world.

The volume collects papers presented at the UK Society of Legal Scholars Annual Seminar 2017.

PART I. FOUNDATIONS AND FUNDAMENTALS OF COMMERCIAL LAW REFORM

1. UNCITRAL's Role in Commercial Law Reform: History and Future Prospects

Caroline Nicholas

2. The Harmonisation of Laws in the United States of America

Henry Gabriel

PART II. NEW TECHNIQUES FOR CHOOSING AND EVALUATING COMMERCIAL LAW PROJECTS

3. Do We Need Harmonisation for Everything? The Possibilities and Limits of Harmonising Financial Law

Souichirou Kozuka

4. Behavioural Comparative Law: Its Relevance to Global Commercial Law-making

John Linarelli

5. Towards a Unified Approach to Economic Assessment in International Commercial Law Reform

Jenifer Varzaly

PART III. THE CHALLENGE OF THE DIGITAL ECONOMY

6. Cyberspace Institutions, Community and Legitimate Authority

Chris Reed

7. Data-driven Mergers under EU Competition Law

Anca D. Chirita

PART IV. TENSIONS FOR SALE OF GOODS LAW

8. Circular Economy, Title and Harmonisation of Commercial Law

Sean Thomas

9. Service Contracts and the CISG

Prof Dr Ingeborg Schwenzer, Julian Ranetunge and Fernando Tafur

PART V. LAW FOR ACCESS TO FINANCE

10. The Financing of Micro-businesses in the United Kingdom: The Current Position and the Way Forward

Louise Gullifer

11. Equity Crowdfunding to Facilitate Access to Finance for Small Business: The Regulatory Response and the Indirect Impact on Company Law

Teresa Rodríguez de las Heras Ballell

PART VI. SECURED TRANSACTIONS: GLOBAL AND NATIONAL MOVEMENTS

12. Global Secured Transactions Law-making and National Law Reforms: Quo Vadis Secured Transactions Law?

N Orkun Akseli

13. The Role of Innovation in Cross-Border Lending

Richard M Kohn

14. Reform of Moveable Transactions Law in Scotland

Andrew Steven

PART VII. PUBLIC–PRIVATE PARTNERSHIPS: AN AREA FOR FUTURE REFORM?

15. Public–Private Partnerships and Harmonisation: The Public Private Partnership Act

Richard Craven

16. Regulation of Public–Private Partnership in China: The Search for Coherence, Consistency and Certainty

Ping Wang

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