Subjects:

Commercial Law

Contents:

PART I: GENERAL PRINCIPLES

1. The nature, history and sources of international law

the relationship between international law and private commercial law governing cross-border transactions

2. The nature, history and sources of commercial law

lex mercatoria, past, present and future

3. The conflict of laws in commercial transactions

4. The role of comparative commercial law

5. The harmonisation of commercial law

instruments and institutions

6. The harmonisation process

PART II: A VIEW THROUGH ILLUSTRATIVE CONTRACTS AND HARMONISING INSTRUMENTS

7. International sales and the Vienna Sales Convention

8. Agency and distribution

9. International bank payment undertakings

10. Leasing: The 1988 UNIDROIT Convention

11. Receivables financing: The 1988 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: HARMONISATION OF GENERAL CONTRACT LAW

14. Restatements of contract law

15. E-commerce aspects of contract

PART IV: TRANSNATIONAL INSOLVENCY

16. Harmonisation and co-operation in cross-border insolvency

PART V: INTERNATIONAL DISPUTE RESOLUTION

17. International civil procedure

18. International commercial arbitration

PART VI: RECURRENT ISSUES OF HARMONISATION

19. The sphere of application of a convention: The role of the conflict of laws: Determining the connecting factor

20. Uniformity in transnational commercial law

21. Getting to yes: Practical and political problems of harmonisation

"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 harmonisation is achieved and some of the key problems involved.