Transnational Commercial and Consumer Law, 1st ed. 2018
Current Trends in International Business Law

Perspectives in Law, Business and Innovation Series

Coordinators: Kono Toshiyuki, Hiscock Mary, Reich Arie

Language: English

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Transnational Commercial and Consumer Law
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Transnational Commercial and Consumer Law
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This book explores current developments in transnational commercial and consumer law. It features essays written by leading experts, many of who have taken part in the negotiation and formulation of the international instruments they discuss here. The contributors look at issues arising from the profound changes that globalization is having on the legal norms governing commercial and consumer transactions, both domestic and transnational. They consider how relations between private actors, state regulators, and national courts are being completely reconfigured. This, in turn, generates pressures for legal harmonization and creates opportunities for new national and transnational legal norms and procedures to develop.

The contributions address both the dynamics and the substance of these developments. Topics included are the UNCITRAL Model Law on secured transactions and on cross-border insolvency, the ICC Uniform Customs and Practices of Documentary Credits (UCP 600), and the dispute resolution mechanism and practices of the World Trade Organization.

The content was formerly presented as papers at the 18th Biennial Meeting of the International Academy of Commercial and Consumer Law (the International Academy) at Kyushu University, Japan. Overall, this book provides readers with a solid theoretical foundation and strong familiarity with the practice of law and international commerce, offering realistic and practical conclusions.

1 The Effectiveness of the WTO Dispute Settlement System: A Statistical Analysis (Arie Reich).- 2 Documentary Fraud under the UCP: Revisiting an ‘Exception from Exception’ Principle (Časlav PEJOVIĆ).- 3 A Transnational Consensus on Secured Transactions Law? The 2016 Uncitral Model Law (Catherine Walsh).- 4 Detailed Contract Regulations and the UPICC: Parallels with National Law and Potential for Improvement - The Example of Norwegian Law (Giuditta Cordero-Moss).- 5 Consumer Law in the Digital Economy (Hans-W. Micklitz).- 6 Regulation Tomorrow: What Happens When Technology is Faster than the Law? (Mark Fenwick , Wulf A. Kaal  and Erik P. M. Vermeulen).- 7 The Enforceability of Promises to Negotiate in Good Faith: Rethinking Traditional Common Law Attitudes (Mary Hiscock).- 8 Continuing Representations and Strict Responsibility for Accuracy after Cramaso: Fact or (Legal) Fiction? (Rick Bigwood).- Index.
Editors

Toshiyuki Kono is a distinguished professor at Kyushu University (Fukuoka, Japan). He currently serves as vice president and titular member of the International Academy of Comparative Law, president-elect for the Academy of Commercial and Consumer Law, and the chair of the Committee for Intellectual Property and Private International Law at the International Law Association. In the field of private international law, he gave special lectures on “Efficiency in Private International Law” at the Hague Academy of International Law in 2013. He was selected as one of three lecturers who are invited to publish lectures in its Pocket Book series in 2014. He also has served as the president of the International Council of Monuments and Sites (ICOMOS), an advisory body of UNESCO, since 2017. He was a vice president of ICOMOS from 2014 through 2017. He is in charge of, among others, World Heritage issues. He has been active in UNESCO as an independent expert as well. For example, he served in 2010 as the chairperson of the 3rd General Assembly of the State Parties of the UNESCO Convention for the Safeguarding of Intangible Cultural Heritage and chairperson of the Legal Committee of the 34th UNESCO General Conference in 2007. His recent publications in the field of international heritage law include “Authenticity, notions and principles”, Change over Time, Fall 2014, Vol. 4, No. 2, pp. 436–460.

Mary Hiscock is an emeritus professor of Bond University, Queensland, Australia. She taught at Bond University and the University of Melbourne, with visiting appointments in Europe, Asia, and North America. She is a fellow of the Australian Academy of Law. Her expertise is in international trade and investment, with an emphasis on international contracts and comparative law. She graduated from the University of Melbourne and the University of Chicago. She is a legal practitioner of the High Court of Australia and the Supreme Cour

Unique insights in current developments in transnational commercial and consumer law Authored by leading experts in their field Combines solid theoretical foundations and strong familiarity with the practice of law