Does International Trade Need a Doctrine of Transnational Law? [electronic resource] : Some Thoughts at the Launch of a European Contract Law /
Heidemann, Maren.author.
This paper looks at the current status and role of specific commercial contract law both national and international in view of recent European contract law reform. It reviews the value and necessity of a special and separate contract law for merchants in a global market and discusses critically the terminology, doctrine and objectives which this law is based upon. For a long time the choice of transnational law rules which are often non-state law has been marginalised and made impossible in state court proceedings. The new Common European Sales Law circumvents this problem by proposing to be used as national law. International practice in commercial dispute settlement may therefore still remain at the forefront of promoting and modelling the use of transnational contract law.
Description based upon print version of record.
Does International Trade Need a Doctrine  of Transnational Law?; Acknowledgments; Contents; 1 Introduction; Sec1; 2 Review of Current Use of the Law Merchant in Domestic and International Law; 2.1...Uniform Commercial Law as Responding to a Need to Promote Uniformity on Behalf of International Trade by Purpose and Scope; 2.2...Commercial Contract Law in the Discussions of the Expert Groupexpert group on the Drafting of a European Contract LawEuropean contract law; 2.3...Special Problems of International Trade; 2.3.1 hellipTypically Addressed in Standard Contract Formsstandard contract forms
2.3.2 hellipLeading to Specialised Infrastructure in Arbitration and Public Law Initiatives2.4...Choice of Law Issues and Need for Transnational Contractual Regime; 2.4.1 Is There a Need for a Specialised Substantive Commercial Contract Lawcommercial contract law?; 2.4.1.1 European Acquisacquis; To What Extent is There a Special 'Law Merchantlaw merchant' in that Commercial Contracts are Treated Different from Other Contracts?; How Does the Acquisacquis Influence Contract Law?; 2.4.1.2 Substantive 'Law Merchantlaw merchant' in Domestic Laws and Uniform Instruments
Typical Instances of Contractual 'Sonderrecht'Silent Acceptance; Inspection Duties; Renegotiations/Contract Adaptationcontract adaptation; Definition of Merchant and Consumerconsumer; CISGCISG; German Commercial Law; Definition/Distinction in EU Consumerconsumer Law and Ensuing Law Reform (Austria); SMEs and Consumers: On Equal Terms?; 2.4.2 If There is a Need for Uniform Commercial Contract LawCommercial Contract Law How Can it be Effected Under the Current Choice of LawChoice of Law Regime?; 2.4.2.1 Rome I RegulationRome I Regulation
2.4.2.2 UNCITRALUNCITRAL Model Law on International Arbitration2.4.2.3 UK Arbitration ActArbitration Act 1996; 2.4.2.4 Case Law; 2.5...How Can it be Effected with a Comparative Law Approach?; 2.5.1 Example: Comparative Remedies for Breach of Contractbreach of contract; 2.5.2 Good Faith; 3 Implementation of Non-State Law: Issues in Private International Law. A Review of Selected Contributions; 3.1...Introduction; 3.2...Choice of Non-State and Transnational Contract Law as Lex Contractus; 3.3...Choice of Law In Commercial Contracts; 3.4...Mandatory Laws and Connecting Factors From a UK Perspective
3.5...Mandatory Laws and Public Policy3.6...Economic Analysis in the Conflict of Laws; 3.7...Party Autonomy; 3.7.1 Party Autonomy in Private International Law: What Law?; 3.7.2 Public Policy and State Interest: Convergence of US and European Positions?; 3.7.3 International Antitrust Law: Extraterritoriality; 3.7.4 Mandatory Law In International Arbitration: Unity of Law and State?; 3.8...Party Autonomy, Legitimacy and Law Enforcement; 3.9...Party Autonomy in European Contract Law: The Constitutionalisation Debate in Germany; 3.10...Taking a Fresh Look at Connecting Factors: The Rome II Regulation
4 Conclusion
Includes bibliographical references and index.
This paper looks at the current status and role of specific commercial contract law both national and international in view of recent European contract law reform. It reviews the value and necessity of a special and separate contract law for merchants in a global market and discusses critically the terminology, doctrine and objectives which this law is based upon. For a long time the choice of transnational law rules which are often non-state law has been marginalised and made impossible in state court proceedings. The new Common European Sales Law circumvents this problem by proposing to be used as national law. International practice in commercial dispute settlement may therefore still remain at the forefront of promoting and modelling the use of transnational contract law.
Private international law.
Conflict of laws.
Private International Law, International & Foreign Law, Comparative Law .
SpringerBriefs in Law