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Vol 23 No 5 May/June 2018

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Secured Credit and the Harmonisation of Law: The UNCITRAL Experience

ISBN13: 9781849803977
Published: June 2011
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £78.00

Despatched in 5 to 7 days.

This is a discerning analysis of international harmonisation efforts for secured credit law and examines the role of globalisation and finance capital in shaping such efforts.

Gerard McCormack reveals how an 'efficient' law is often seen to increase the availability, and lower the cost, of credit, thereby contributing to international development. He considers whether the most comprehensive international standard - the United Nations Commission on International Trade Law (UNCITRAL) Legislative Guide (2008) - is actually suitable for adoption at the national level.

In particular, he examines the hypothesis that American law and lawyers have shaped the content of the Guide to the extent that it is not suitable for translation into other laws. This book will be of great interest to practitioners, policymakers and academics, as well as students, particularly postgraduate students, of law and business throughout the world.

Commercial Law, International Trade
1. Introduction 2. The Case for Harmonising and Modernising the Law of International Trade 3. Harmonising and Modernising Secured Transactions Law 4. National Models and Replication Across International Frontiers - Article 9 of the American Uniform Commercial Law and the English Common Law 5. International Harmonisation Efforts Before the UNCITRAL Legislative Guide 6. The UNCITRAL Secured Transactions Guide 7. The Insolvency Legislative Guide 8. Conclusion Index