Overview

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.

Full Product Details

Author:   Andrew Hutchison ,  Franziska Myburgh
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781788971058

ISBN 10:   1788971051
Pages:   368
Publication Date:   08 December 2020
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Contents: List of contributors vii 1 International commercial contracts: autonomy and regulation in a dynamic system of merchant law 1 Andrew Hutchison and Franziska Myburgh PART I GENERAL PRINCIPLES OF CONTRACT LAW 2 On reasonable expectations, interpretive preferences and the ICS principles of interpretation 11 Franziska Myburgh 3 Good faith and the duty to co-operate in long-term contracts 35 Lorna Richardson 4 A lex mercatoria of remedies for breach of contract? 57 Harriet N Schelhaas 5 An EU perspective on contract law harmonisation 86 Bert Keirsbilck 6 Private international law and choice-of-law clauses 110 Faadhil Adams and Thalia Kruger 7 The UNIDROIT Principles of International Commercial Contracts 132 Thomas Krebs PART II MERCHANT CONTRACT FORMS 8 CISG and Incoterms (R) : reviving the traditions of the lex mercatoria 159 Juana Coetzee 9 Private ordering, dynamic merchant tradition, and the Uniform Commercial Code 181 David L Finnegan 10 A history of English marine insurance law: merchants, their practices, the courts and the law 196 Jeffrey Thomson 11 From the book of lading to blockchain bills of lading: dynamic merchant tradition and private ordering 223 Livashnee Naidoo 12 Negotiable instruments as instruments of payment in international trade 244 Charl Hugo 13 Harmonizing international secured transactions law 262 Reghard Brits 14 Agency law: continuity and change 281 Laura Macgregor PART III NEW FRONTIERS 15 Online contracting in an international commercial context 301 Sieg Eiselen 16 The chimera of smart contracts 328 Manuel A Gomez Index

Reviews

'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

Author Information

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

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