Business / Commercial Law

The Future of Commercial Law: Ways Forward for Harmonisation

Edited by Orkun Akseli · John Linarelli
Hart Publishing April 2020

Specifications

ISBN-13
9781509914692
Publisher
Hart Publishing
Publication
April 2020
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

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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