Buch, Englisch, 464 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 821 g
Buch, Englisch, 464 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 821 g
ISBN: 978-90-411-3179-9
Verlag: Wolters Kluwer
The book first analyses the doctrinal basis of the modern lex mercatoria and introduces a coherent 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 a practical alternative to these initiatives, this book presents the idea of Creeping Codification of Transnational Commercial Law, a comprehensive, regularly updated list of over 60 principles and rules that easily be incorporated into day-to-day practice.
This work saves practitioners time and money by providing an easily accessed list of relevant rules and principles, thereby reducing the comparative law research needed to master the lex mercatoria. It supplies an understanding of the lex mercatoria and how to apply it in daily practice. It also offers insights into the rules of international arbitration, and more generally, into the development of transnational commercial law.
Autoren/Hrsg.
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Weitere Infos & Material
Preface to the Second Edition. Preface to the First Edition. List of Abbreviations. Table of Cases and Awards. Introduction. Part One: The Theoretical and Methodical Foundations of the New Lex Mercatoria Doctrine. 1. Traditional Concepts to Overcome Deficiencies in the Application of Domestic Law in Transnational Commercial Contexts. I. Inadequacy of Domestic Law as a Legal Framework for Transnational Commercial Transactions. II. Escaping the Dilemma of the International Legal Process. III. The Changing Paradigm of International Commercial Law: Privatized Law-Making. IV. Summary. 2. The Dogmatic Foundations of the New Lex Mercatoria Doctrine. I. The Status Quo in the Discussion on the Concept of a Transnational Commercial Law. II. Traditional Objections Against the New Lex Mercatoria Doctrine. III. Summary. Part Two: The New Lex Mercatoria in Practice: New Approaches towards the Codification of Transnational Commercial Law . 3. Previous Projects for the Codification of Transnational Contract Law. I. Bilateral and Regional Projects. II. Projects for the Global Unification of Contract Law. III. Summary. 4. Informal Approaches towards the Codification of the New Lex Mercatoria. I. Restatements of International Contract Law. II. Escaping the Codification Dilemma: The ‘Creeping Codification of the New Lex Mercatoria’. III. Summary. Conclusion. Bibliography. Annexes. Index.
