Transnational Commercial Law: Text, Cases, and Materials, 2nd Edition

When the first edition of this student work was published some eight years ago transnational commercial law, introduced as a postgraduate course at the University of Oxford in 1995, was taught at a relatively small number of law schools. Since then the subject has blossomed and is now taught at law schools around the world. Focused on the products and processes of the harmonization of law relating to international commercial transactions, the book is an invaluable resource for students in this field.

In this new edition the work has been completely revised and updated, covering a number of new or substantially revised international instruments. In addition four new chapters have been added by specialist contributors dealing with regional harmonization, carriage of goods by sea, transactions in securities and the relationship between international conventions and national law. The authority of the text is enhanced by the fact that all the authors have played leading roles in the drafting and development of many of the instruments examined in the work.

Table of Contents

Part I GENERAL PRINCIPLES
Chapter 1. The Nature, History, and Sources of Commercial Law
Chapter 2. The Conflict of Laws in Commercial Transactions
Chapter 3. International Law as it Affects Private Law Conventions Governing Cross-Border Commercial Transactions
Chapter 4. Comparative Law and its Relevance to Transnational Commercial Law
Chapter 5. The Harmonization of Commercial Law: Instruments and Institutions
Chapter 6. Harmonization and Regionalization
Chapter 7. The Harmonization Process

Part II A VIEW THROUGH ILLUSTRATIVE CONTRACTS AND HARMONIZING INSTRUMENTS
Chapter 8. International Sales and the Vienna Sales Convention
Chapter 9. Carriage of Goods By Sea
Chapter 10. Agency and Distribution
Chapter 11. International Bank Payment Undertakings
Chapter 12. Financial Leasing: the 1988 UNIDROIT Convention and the UNIDROIT Model Law
Chapter 13. Receivables Financing: the UNIDROIT Convention on International Factoring and the United Nations Convention on the Assignment of Receivables in International Trade
Chapter 14. International Interests in Mobile Equipment and the Cape Town Convention and Aircraft Protocol: Adding a New Dimension to International Lawmaking
Chapter 15. Transactions in Securities

Part III HARMONIZATION OF GENERAL CONTRACT LAW
Chapter 16. Restatements of Contract Law

Part IV TRANSNATIONAL INSOLVENCY
Chapter 17. Harmonization and Co-operation in Cross-Border Insolvency

Part V INTERNATIONAL DISPUTE RESOLUTION
Chapter 18. International Civil Procedure
Chapter 19. International Commercial Arbitration

Part VI RECURRENT ISSUES OF HARMONIZATION
Chapter 20. The Sphere of Application of a Convention; the Role of the Conflict of Laws; Determining the Connecting Factor; Co-existence and Conflicts of Instruments
Chapter 21. Uniformity in Transnational Commercial Law
Chapter 22. The Relationship between Transnational Commercial Law Treaties and National Law