Full Description
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.
Contents
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
