Does International Trade Need a Doctrine of Transnational Law?PDF电子书下载

1 Introduction 1

2 Review of Current Use of the Law Merchant in Domestic and International Law 5

2.1 Uniform Commercial Law as Responding to a Need to Promote Uniformity on Behalf of International Trade by Purpose and Scope 5

2.2 Commercial Contract Law in the Discussions of the Expert Group on the Drafting of a European Contract Law 8

2.3 Special Problems of International Trade 9

2.3.1...Typically Addressed in Standard Contract Forms 9

2.3.2...Leading to Specialised Infrastructure in Arbitration and Public Law Initiatives 10

2.4 Choice of Law Issues and Need for Transnational Contractual Regime 10

2.4.1 Is There a Need for a Specialised Substantive Commercial Contract Law? 11

2.4.2 If There is a Need for Uniform Commercial Contract Law How Can it be Effected Under the Current Choice of Law Regime? 21

2.5 How Can it be Effected with a Comparative Law Approach? 24

2.5.1 Example: Comparative Remedies for Breach of Contract 24

2.5.2 Good Faith 25

3 Implementation of Non-State Law: Issues in Private International Law. A Review of Selected Contributions 27

3.1 Introduction 27

3.2 Choice of Non-State and Transnational Contract Law as Lex Contractus 29

3.3 Choice of Law In Commercial Contracts 30

3.4 Mandatory Laws and Connecting Factors From a UK Perspective 31

3.5 Mandatory Laws and Public Policy 37

3.6 Economic Analysis in the Conflict of Laws 39

3.7 Party Autonomy 40

3.7.1 Party Autonomy in Private International Law: What Law? 40

3.7.2 Public Policy and State Interest: Convergence of US and European Positions? 40

3.7.3 International Antitrust Law: Extraterritoriality 43

3.7.4 Mandatory Law In International Arbitration: Unity of Law and State? 46

3.8 Party Autonomy, Legitimacy and Law Enforcement 48

3.9 Party Autonomy in European Contract Law: The Constitutionalisation Debate in Germany 50

3.10 Taking a Fresh Look at Connecting Factors: The Rome II Regulation 60

4 Conclusion 65

About the Author 67

References 69

Index 73