Full Description
This book explores current developments in transnational commercial and consumer law. It features essays written by leading experts, many of who have taken part in the negotiation and formulation of the international instruments they discuss here. The contributors look at issues arising from the profound changes that globalization is having on the legal norms governing commercial and consumer transactions, both domestic and transnational. They consider how relations between private actors, state regulators, and national courts are being completely reconfigured. This, in turn, generates pressures for legal harmonization and creates opportunities for new national and transnational legal norms and procedures to develop.
The contributions address both the dynamics and the substance of these developments. Topics included are the UNCITRAL Model Law on secured transactions and on cross-border insolvency, the ICC Uniform Customs and Practices of Documentary Credits (UCP 600), and the dispute resolution mechanism and practices of the World Trade Organization.
The content was formerly presented as papers at the 18th Biennial Meeting of the International Academy of Commercial and Consumer Law (the International Academy) at Kyushu University, Japan. Overall, this book provides readers with a solid theoretical foundation and strong familiarity with the practice of law and international commerce, offering realistic and practical conclusions.
Contents
1 The Effectiveness of the WTO Dispute Settlement System: A Statistical Analysis (Arie Reich).- 2 Documentary Fraud under the UCP: Revisiting an 'Exception from Exception' Principle (Časlav PEJOVIĆ).- 3 A Transnational Consensus on Secured Transactions Law? The 2016 Uncitral Model Law (Catherine Walsh).- 4 Detailed Contract Regulations and the UPICC: Parallels with National Law and Potential for Improvement - The Example of Norwegian Law (Giuditta Cordero-Moss).- 5 Consumer Law in the Digital Economy (Hans-W. Micklitz).- 6 Regulation Tomorrow: What Happens When Technology is Faster than the Law? (Mark Fenwick , Wulf A. Kaal and Erik P. M. Vermeulen).- 7 The Enforceability of Promises to Negotiate in Good Faith: Rethinking Traditional Common Law Attitudes (Mary Hiscock).- 8 Continuing Representations and Strict Responsibility for Accuracy after Cramaso: Fact or (Legal) Fiction? (Rick Bigwood).- Index.
