Full Description
Transnational Commercial Law is a textbook that deals predominantly with substantive legal contract rules that apply across borders and are designed to govern cross-border business transactions. This is an emerging field of research, teaching and practical interest in international trade and commercial law, requiring reference to multiple areas of law, including both private and public international law, the law of specific commercial transactions and arbitration. For the first time Transnational Commercial Law combines all these relevant issues in one book, and provides a basis for further study as well as detailed, cutting edge academic analyses. It provides a compact yet accessible guide to the most important cornerstones of this evolving legal discipline.
Transnational Commercial Law is aimed primarily for use on LLM courses and master's programmes in commercial law. Students are presented with the actual contractual rules in the wider context of the general legal framework, and situates it within the theoretical debate, providing a truly international perspective on transnational commercial law in a globalised world.
Contents
PART I TRANSNATIONAL COMMERCIAL LAW AND ITS SOURCES
1. Defining the subject matter
2. Law making 1 - The hierarchy of norms
3. Law making 2- Law and non-law
4. The public/private law divide- why does it matter?
5. The sources of transnational commercial law
6. The lex mercatoria debate
7. Private international law
Part II TRANSNATIONAL COMMERCIAL LAW IN ACTION
8. Selected sources of transnational law
9. Selected sources of transnational law - Other contract types
10. Aspects of corporate and finance law
11. Motivations behind choice of law
12. Transnational law in arbitration
13. Transnational law in state courts
14. Transnational commercial law in reform
15. Outlook - The future of transnational commercial law.
