Research Handbook on International Commercial Contracts by Andrew Hutchison (Eng

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This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria. It highlights constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars, from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency, against the backdrop of key legal regimes commonly chosen in international agreements. These include: the UN CISG, Unidroit PICC, European DCFR and English law. The Research Handbook examines key general principles in commercial contract law, such as interpretation, good faith, remedies for breach and choice of law clauses from an international perspective. It also engages with various emerging aspects of internet contracting, including smart contracts.Scholars and researchers working in the field of contract law, and international commercial contracts more specifically, will find this Research Handbook to be an indispensable guide. Practitioners seeking clear guidance will also benefit from its detailed coverage of specific research questions.

FORMATHardcover LANGUAGEEnglish CONDITIONBrand New Author Biography

Edited by Andrew Hutchison, Associate Professor, Department of Commercial Law, University of Cape Town and Franziska Myburgh, Senior Lecturer, Department of Private Law, University of Stellenbosch, South Africa

Table of Contents

Contents:List of contributors vii1 International commercial contracts: autonomy and regulation ina dynamic system of merchant law 1Andrew Hutchison and Franziska MyburghPART I GENERAL PRINCIPLES OF CONTRACT LAW2 On reasonable expectations, interpretive preferences and the ICSprinciples of interpretation 11Franziska Myburgh3 Good faith and the duty to co-operate in long-term contracts 35Lorna Richardson4 A lex mercatoria of remedies for breach of contract? 57Harriët N Schelhaas5 An EU perspective on contract law harmonisation 86Bert Keirsbilck6 Private international law and choice-of-law clauses 110Faadhil Adams and Thalia Kruger7 The UNIDROIT Principles of International Commercial Contracts 132Thomas KrebsPART II MERCHANT CONTRACT FORMS8 CISG and Incoterms® : reviving the traditions of the lex mercatoria 159Juana Coetzee9 Private ordering, dynamic merchant tradition, and the UniformCommercial Code 181David L Finnegan10 A history of English marine insurance law: merchants, their practices,the courts and the law 196Jeffrey Thomson11 From the book of lading to blockchain bills of lading: dynamicmerchant tradition and private ordering 223Livashnee Naidoo12 Negotiable instruments as instruments of payment in international trade 244Charl Hugo13 Harmonizing international secured transactions law 262Reghard Brits14 Agency law: continuity and change 281Laura MacgregorPART III NEW FRONTIERS15 Online contracting in an international commercial context 301Sieg Eiselen16 The chimera of smart contracts 328Manuel A GomezIndex

Review

'This is a much needed book, which brings together scholars from around the world in a collection of essays which contemplate international contracts more broadly. The world needs more research like this, in an age where international approaches cross regional borders and jurisdictions. The contributions are well set out, and allow the reader to see a more pragmatic picture of international commercial contracts. I particularly enjoyed the editors' own chapter on Party Autonomy and will be recommending this to my students of international commercial law.' -- Camilla Baasch Andersen, The University of Western Australia'This fine assembly of chapters, predominantly by South African scholars but also including work from scholars in The Netherlands, the UK and the US, is devoted to a study of contract and commercial law on the international plane. The 17 contributions cover a wide range, both in time and in topic, and bring new insights into current and emerging commercial law issues, as well as alerting the reader to sources of which he or she may have been unaware. I warmly commend this new work.' -- Roy Goode, University of Oxford, UK

Review Quote

'This is a much needed book, which brings together scholars from around the world in a collection of essays which contemplate international contracts more broadly. The world needs more research like this, in an age where international approaches cross regional borders and jurisdictions. The contributions are well set out, and allow the reader to see a more pragmatic picture of international commercial contracts. I particularly enjoyed the editors' own chapter on Party Autonomy and will be recommending this to my students of international commercial law.'

Details ISBN1788971051 Language English Year 2020 ISBN-10 1788971051 ISBN-13 9781788971058 Format Hardcover Publication Date 2020-12-08 Pages 368 Publisher Edward Elgar Publishing Ltd Series Research Handbooks in Private and Commercial Law series Imprint Edward Elgar Publishing Ltd Place of Publication Cheltenham Country of Publication United Kingdom AU Release Date 2020-12-08 NZ Release Date 2020-12-08 UK Release Date 2020-12-08 Author Franziska Myburgh Edited by Franziska Myburgh DEWEY 346.07 Audience Professional & Vocational We've got this

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