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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
The Creeping Codification of the Lex Mercatoria 2nd ed isbn 9789041131799

The Creeping Codification of the Lex Mercatoria

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ISBN13: 9789041110947
ISBN: 9041110941
New Edition ISBN: 9789041131799
Published: July 2001
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: Out of print

Lex Mercatoria - a doctrine of transnational commercial law - can work for the everyday legal practice of the international practitioner. Introducing a method for the codification of transnational commercial law for precisely this purpose, this volume first analyzes the doctrinal basis of the modern Lex Mercatoria and offers a systematic framework of transnational commercial law.

It then describes previous and modern efforts towards the codification of the Lex Mercatoria, such as the UNIDROIT Principles and the Principles of European Contract Law drafted by the Lando Commission. As an alternative to these procedures, the book presents a list of over 60 principles and rules, together with references from arbitral case law, domestic legislation, international conventions and legal doctrine.

The book deals with international contract law and the development of a modern Lex Mercatoria from both a practical and a theoretical angle. References to legal doctrine, arbitral case law, international case law, international conventions and other sources are included with the aim of enhancing the usefulness of this work in international-contract drafting and commercial-arbitration proceedings.

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International Trade
Part 1 The methodical and theoretical foundations of the Lex Mercatoria doctrine; traditional concepts to overcome deficiencies in the application of domestic law in transnational commercial contexts; the dogmatic foundations of the Lex Mercatoria doctrine.
Part 2 The Lex Mercatoria in practice - new approaches towards the codification of transnational commercial law; previous projects for the codification of transitional contract law; informal approaches towards the codification of transnational commercial law. Appendices: list of principles, rules and standards of the Lex Mercatoria; UNIDROIT Principles of International Commercial Contracts; Principles of European Contract Law.