International Business Law And Lex Mercatoria

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International Business Law And Lex Mercatoria

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Author : Filip De Ly
language : en
Publisher: Emerald Group Publishing
Release Date : 1992

International Business Law And Lex Mercatoria written by Filip De Ly and has been published by Emerald Group Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.

Traditionally, legal problems arising in connection with international business transactions had to be solved by a national law. This view was challenged in post war scholarly writing and transnational practice. It was argued that transnational rules (such as transnational contracts, general conditions, trade usages, general principles, uniform rules, arbitral cases) should be applied instead. Often, these transnational rules are referred to as lex mercatoria. This volume analyzes the different legal approaches to international business problems (including the theory of lex mercatoria) as well as their implications for international practice. As such, the relevance and importance of substantive law and conflict of laws and of national, international and transnational rules are discussed both with regard to their application by national courts and by international commercial arbitrators.

Lex Mercatoria

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Author : Francis Rose
language : en
Publisher: Taylor & Francis
Release Date : 2021-10-28

Lex Mercatoria written by Francis Rose and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-28 with Law categories.

This collection of essays has been written in honour of Francis Reynolds upon his retirement, in recognition of his great service to the law during his distinguished career. They cover the areas in which Francis Reynolds has been most active – English commercial and maritime law in an international context. Topics covered include contract law, the law of agency, carriage of goods by sea, international sale of goods, bankers’ commercial credits and conflict of laws.

The Creeping Codification Of The New Lex Mercatoria

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Author : Klaus Peter Berger
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01

The Creeping Codification Of The New Lex Mercatoria written by Klaus Peter Berger and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.

Advanced notion of the Creeping Codification which is based on the 'TransLex Principles', operated by the Center for Transnational Law (CENTRAL) of Cologne University at www.trans-lex.org. The Trans- Lex Principles are based on the 'List of Principles, Rules and Standards of the Lex Mercatoria' which was reproduced in the Annex of the first edition of this book. This Internet-based codification method realized through the TransLex Principles corresponds to the unique character of the Creeping Codification of the New Lex Mercatoria which is an ongoing, spontaneous, and dynamic process which is never completed.

The Applicable Law To International Commercial Contracts And The Status Of Lex Mercatoria With A Special Emphasis On Choice Of Law Rules In The European Community

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Author : Mert Elcin
language : en
Publisher: Universal-Publishers
Release Date : 2010

The Applicable Law To International Commercial Contracts And The Status Of Lex Mercatoria With A Special Emphasis On Choice Of Law Rules In The European Community written by Mert Elcin and has been published by Universal-Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.

International commercial contracts in the context of increasing globalization of the national markets have posed some of the most difficult questions of the legal theory as developed since the emergence of nation states; those are, whether it is possible or desirable to allow international commercial contracts to be governed by the law merchant or, in its medieval name, lex mercatoria, a body of rules which has not been derived from the will of sovereign states, but mainly from transnational trade usages and practices, and to what extent those rules should govern transnational transactions. The traditional approach of legal positivism to the questions maintains that law governing contracts containing a foreign element should be a national law which will be determined according to choice of law rules. However, the particularities of cross border trade yield unsatisfactory results when the rules essentially designed for the settlement of domestic disputes or national laws pertaining to international economic relations, but developed under the influence of a certain legal tradition, are tried to be applied. New solutions are needed to overcome the special problems of international trade between merchants from different legal systems. In that regard, while the international commercial arbitration which has been freed from the constraints of the domestic laws is an important step, the courts generally applying the principle of party autonomy which allows parties to designate the law that will apply to their transactions have proved insufficient due to the positivistic influence on the conflict of laws rules of most countries which has limited parties' choice of law to the national substantive laws. The problems created by those inconsistencies and divergences have been felt more strongly in the European Community which constitutes an internal market by integrating the national markets of Member States into a single one. The present paper is an attempt to search for answers to those questions with a special emphasis on the situation in the European Community on the basis of the idea that law as a servant of social need must take account of the far reaching and dramatic socio-economic changes.

International Business Law And The Legal Environment

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Author : Larry A. DiMatteo
language : en
Publisher: Taylor & Francis
Release Date : 2016-11-25

International Business Law And The Legal Environment written by Larry A. DiMatteo and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-25 with Business & Economics categories.

International Business Law and the Legal Environment provides business students with a strong understanding of the legal principles that govern doing business internationally. Not merely about compliance, this book emphasizes how to use the law to create value and competitive advantage. DiMatteo’s transactional approach walks students through key business transactions—from import and export, contracts, and finance to countertrade, dispute resolution, licensing, and more—giving them both context and demonstrating real world application. This new edition also includes: New material on comparative contract and sales law & European private law; joint ventures and collaborative alliances. A new part on foreign direct investment that includes a chapter on emerging markets. New chapters on privacy law, and on environmental concerns. Greater coverage of the World Trade Organization. "Case highlights" and court opinions that feature edited court transcripts which expose students to actual legal reasoning and an understanding of the underlying legal principles. These decisions are drawn from a broad range of countries, offering a truly international look at the subject. Students of business law and international business courses will find DiMatteo’s clear writing style easy to follow. A companion web site includes an instructor’s manual, PowerPoints, and other tools to provide additional support for students and instructors.

Principles Of International Trade Law As A Monistic System

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Author : Hercules Booysen
language : en
Publisher: Interlegal cc
Release Date : 2003

Principles Of International Trade Law As A Monistic System written by Hercules Booysen and has been published by Interlegal cc this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with categories.

Dalhuisen On Transnational Comparative Commercial Financial And Trade Law Volume 1

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Author : Jan H Dalhuisen
language : en
Publisher: A&C Black
Release Date : 2014-07-18

Dalhuisen On Transnational Comparative Commercial Financial And Trade Law Volume 1 written by Jan H Dalhuisen and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.

This is the fifth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, finance and trade. As a guide for students and practitioners it has proven to be unrivalled. Since the fourth edition, the work has been divided into three volumes, each of which can be used independently or as part of the complete work. Volume one covers the roots and foundations of private law; the different orientations and structure of civil and common law; the concept, forces, and theoretical basis of the transnationalisation of the law in the professional sphere; the autonomous sources of the new law merchant or modern lex mercatoria, its largely finance-driven impulses; and its relationship to domestic public policy and public order requirements. Volume two deals with transnational contract, movable and intangible property law. Volume three deals with financial products and financial services, with the structure and operation of modern commercial and investment banks, and with financial risk, stability and regulation, including the fall-out from the recent financial crisis and regulatory responses in the US and Europe. All three volumes may be purchased separately or as a single set. From the reviews of previous editions: "...synthesizes and integrates diverse bodies of law into a coherent and accessible account...remarkable in its scope and depth. It stands alone in its field not only due to its comprehensive coverage, but also its original methodology. Although it appears to be a weighty tome, in fact, in light of its scope, it is very concise. While providing a wealth of intensely practical information, its heart is highly conceptual and very ambitious...likely to become a classic text in its field." American Journal of Comparative Law "Dalhuisen's style is relaxed...what he writes convinces without the need for an excess of references to sources...a highly valuable contribution to the legal literature. It adopts a useful, modern approach to teaching the young generation of lawyers how to deal with the increasing internationalisation of law. It is also helpful to the practising lawyer and to legislators." Uniform Law Review/Revue de Droit Uniforme "this is a big book, with big themes and an author with the necessary experience to back them up. ... Full of insights as to the theories that underlie the rules governing contract, property and security, it is an important contribution to the law of international commerce and finance." Law Quarterly Review "...presents a very different case: that of a civilized and cultivated cosmopolitan legal scholar, with a keen sense of international commercial and financial practice, with an in-depth grounding in both comparative legal history and comparative law, combined with the ability to transcend conventional English black-letter law description with critical judgment towards institutional wisdom and intellectual fashions. ...a wide-ranging, historically and comparatively very deep and comprehensive commentary, but which is also very contemporary and forward-looking on many or most of the issues relevant in modern transnational commercial, contract and financial transactions..." International and Comparative Law Quarterly This title is included in Bloomsbury Professional's International Arbitration online service.

Clive M Schmitthoff S Select Essays On International Trade Law

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Author : Clive Maximilian Schmitthoff
language : en
Publisher: BRILL
Release Date : 1988-01-01

Clive M Schmitthoff S Select Essays On International Trade Law written by Clive Maximilian Schmitthoff and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-01-01 with Law categories.

Rules And Networks

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Author : Richard Appelbaum
language : en
Publisher: Bloomsbury Publishing
Release Date : 2001-12-21

Rules And Networks written by Richard Appelbaum and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-12-21 with Law categories.

International business transactions are heavily influenced by culture,practice and rule. The pursuit of business relationships within nation-states can be subject to differences in the generation of norms and the processing of disputes, but these conflicts are magnified many times over in cross-border transactions where nation-state control and support is weak or absent. This book seeks different explanations of the ways in which business people and their legal advisers try to minimise the effect of these magnified difficulties. At the outset the editors suggest four sources through which the international business community might be considered to have supplemented nation-state conflict prevention and dispute resolution institutions-an international legal order; the development of a private normative order based on common business practices (denominated the lex mercatoria); through the efforts and work product of internationalised law firms, and by means of extensive, thick personal relationships often referred to by their Chinese term guanxi. Since most explanations are dominated by North American and European legal scholarship and practice, a second concern of this book is to open up the discussion to competing explanatory frameworks. Specifically, it develops the notion that global legal convergence may not be the immediate, inevitable result of increased global economic interaction. Rather, less formal mechanisms for achieving normative understanding and predictability in business dealings may also flourish.

The Unidroit Principles For International Commercial Contracts

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Author :
language : en
Publisher: ICC Publishing
Release Date : 1995

The Unidroit Principles For International Commercial Contracts written by and has been published by ICC Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Civil law categories.