This handbook, edited by Zeller and Andersen, is an indispensable contribution to the field of transnational commercial law. With an introduction by Sir Roy Goode, this book presents perspectives on legal issues of international sales transactions as perceived by world leading experts, exposing pragmatic and modern aspects of everything from drafting, to uniform laws to dispute resolution.
The book divides itself between fundamental knowledge of transnational commercial law (e.g. chapters on forum shopping, CISG, Cape Town Convention, etc.) and current and topical developments (e.g. chapters on blockchain, smart contracts, metaverse, digital assets, etc.). International or transnational trade during the past 20 years has become more and more important, outstripping domestic trade as a hallmark of economic success. Model laws developed by the United Nations and other international bodies are now being transplanted or ratified by countries, so a translational element must always be considered as part of any choice of law.
Addressing a global audience, as the instruments dealt with herein apply to many states in different regions, this handbook aims not only at an undergraduate and graduate student audience but also will interest professional lawyers.
Edited by:
Bruno Zeller,
Camilla Baasch Andersen
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions:
Height: 246mm,
Width: 174mm,
ISBN: 9781032496467
ISBN 10: 1032496460
Series: Routledge International Handbooks
Pages: 496
Publication Date: 21 February 2025
Audience:
College/higher education
,
Primary
Format: Hardback
Publisher's Status: Forthcoming
About the Editors List of contributors Preface Introduction by Roy Goode Section I: Transnational Commercial Laws; Theory and Methods Chapter 1 Transnational contract law - concepts and definitions Maren Heidemann Chapter 2 Relational Contract Theory and the CISG – A New Interpretational Framework? Claire Jing Ni Tai & Camilla Andersen Section II: Transnational Sales Chapter 3 Inside Out: The outer limits of the CISG in times of change – Smart contracts, AI, digital assets and cryptocurrency Lisa Spagnolo Chapter 4 The UNIDROIT Principles of International Commercial Contracts Olaf Myer Chapter 5 CISG in the Metaverse Pilar Perales and Monica Lastiri Chapter 6 The CISG - where are we now Edgardo Muñoz Chapter 7 If not when? – The Scope of Art. 79 CISG in Light of the Covid-19 Pandemic Timothy Hebbard Chapter 8 Conflict of laws for sustainable supply chains: a magic wand or a medieval club? Ekaterina Pannebakker Section III: Asset Securitization and Insolvency Chapter 9 Harmonising insolvency law around the world: successes and failures Emilie Ghio Chapter 10 Asset Securitization in Bankruptcy Steven Walt Section IV: Issues of Carriage and Finance Chapter 11 Marine Insurance in the modern age: The way forward post the Insurance Act 2015 and the disruption of the insurance sector from AI Kyriaki Noussia Chapter 12 The UK's Electronic Trade Documents Bill: Towards the Legal Recognition of Electronic Transferable Records in International Trade. Caslav Pejovic and Lee Unho Chapter 13 A contract for the carriage of goods by sea involving Australia – Chapter 11 of the Carriage of Goods by Sea Act 1991 (Cth) revisited. Poomintr Sooksripaisarnkit Section V: International Commercial Dispute Resolution Chapter 14 Avoiding Pitfalls when Drafting and Enforcing Multi-Tier Dispute Resolution Agreements Joshua D. H. Karton Chapter 15 Comparative analysis of the interpretation and application of the public policy exception under Article V(2)(b) of the New York Convention Francesco Mazzotta Chapter 16 Choosing the Law Applicable to the International Arbitration Agreement Miquel Mirambell Fargas Section VI: Data Protection Laws Chapter 17 Data transfers in international commercial contracts Pieter Wolters Chapter 18 AI and making of contracts Sergio Cortes Beltran Chapter 19 Digital Finance, Tokenisation and International Commercial Arbitration Robert Walters Section VII: New Frontiers Chapter 20 Public International Law Aspects of the CISG and the Cape Town Convention Compared Thomas Keijser Chapter 21 Human rights compliance clauses in International Contracts Johanna Hoekstra Chapter 22 Regulating Business in the metaverse Andrea Guaccero Chapter 23 Lawyers and their use of AI: What are the implications for professional responsibility Bruno Zeller and Simon Burgess Chapter 24 Contract Automation - stretching functional equivalence and technological neutrality to breaking point? Christian Twigg-Flesner Index
Bruno Zeller is Professor and Senior Research Fellow at University Western Australia and Adjunct Professor at The Sir Cowan Centre at the Victoria University. Camilla Baasch Andersen is Professor at the Law School, University of Western Australia and Fellow at the Pace Institute of International Commercial Law.
Reviews for Routledge Handbook on Transnational Commercial Law
“The scope of this new book is impressive. Its 24 chapters fall into seven sections. These deal respectively with the theory and methods of harmonisation, transnational sales, asset securitisation and insolvency, issues of carriage and finance, international commercial dispute resolution, data protection laws and new frontiers, including the digital economy and smart contracts. There are new observations on long-established instruments such as the UNIDROIT Principles of International Commercial Contracts, the UN Convention on Contracts for the International Sale of Goods, and the Cape Town Convention on International Interests in Mobile Equipment. Each chapter provides new insights into both new and old problems. This is a collection of essays which merits close attention by all those having an interest in transnational commercial law, whether as students, teachers or practising lawyers. It merits all the success it will undoubtedly achieve.” Sir Roy Goode, QC; University of Oxford, UK
