Transnational Commercial Law: Text, Cases and Materials

Author: Roy Goode; Herbert Kronke; Ewan McKendrick; Jeffrey Wool
Publisher: Oxford University Press
ISBN: 9780199251667
Published In: June 2007
Format: Paperback , 832 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Author

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Provides all text and materials needed by the student of commercial law and supported by the companion volume, Primary Materials
Written by a team of authors who, as particpants in the preparation of many of the instruments under examination, are particularly well qualified to explain them.
Text, Cases and Materials on Transnational Commercial Law brings together all the major transnational commercial law instruments relating to commercial contracts in a logical and accessible way.

The authors provide students with an extensive discussion on the theoretical issues raised by the law. The text examines the emergence of transnational commercial law, its nature and sources and the method by which harmonization is achieved and some of the key problems involved.
Readership: Postgraduate students of commercial law as well as academics in this area.

PART I: GENERAL PRINCIPLES
1: The nature, history and sources of commercial law
2: The conflict of laws in commercial transactions
3: International law as it affects private law conventions governing cross-border commercial transactions
4: Comparative law and its relevance to transnational commercial law
5: The harmonization of commercial law; instruments and institutions
6: The harmonization process
PART II: A VIEW THROUGH ILLUSTRATIVE CONTRACTS AND HARMONIZING INSTRUMENTS
7: International sales and the Vienna Sales Convention
8: Agency and distribution
9: International bank payment undertakings
10: Financial Leasing: The UNIDROIT Convention and the draft UNIDROIT Model Law
11: Receivables financing: The UNIDROIT Convention on International Factoring and the UN Convention on the Assignment of Receivables in International Trade
12: International interests in mobile equipment and the Cape Town Convention and Aviation Protocol: adding a new dimension to international law-making
13: Transactions in securities
PART III: HARMONIZATION OF GENERAL CONTRACT LAW
14: Restatements of contract law
PART IV: TRANSNATIONAL INSOLVENCY
15: Harmonization and co-operation in cross-border insolvency
ART V: INTERNATIONAL DISPUTE RESOLUTION
16: International civil procedure
17: International commercial arbitration
PART VI: RECURRENT ISSUES OF HARMONIZATION
18: The sphere of application of a convention: The role of the conflict of laws: determining the connecting factor; co-existence and conflicts of instruments
19: Uniformity in transnational commercial law
20: Getting to yes: Practical and political problems of harmonization

Roy Goode, Emeritus Professor of Law in the University of Oxford and Emeritus Fellow of St. John's College, Oxford, Herbert Kronke, Secretary-General UNIDROIT, Rome, and Professor of Law at the University of Heidelberg, Ewan McKendrick, Pro-Vice-Chancellor and Herbert Smith Professor of English Private Law in the University of Oxford

Consultant in International Commercial Law and Practice

Jeffrey Wool

, Head of Aerospace Law & Policy, Freshfields Bruckhaus Deringer, London, and Affiliate Professor of Law, University of Washington, Seattle