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The Harmonization of International Commercial Law (Hardcover)
Loot Price: R5,292
Discovery Miles 52 920
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The Harmonization of International Commercial Law (Hardcover)
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The globalisation of markets has pushed static,
territorially-bounded legal structures towards a more rapid and
efficient adaptation to the globalised and regionalised reality. In
addition, substantial modifications in the structure and activities
of financial institutions have increased risks and the need for new
regulatory responses. Efforts to harmonise commercial law within
the global order have resulted in a fragmented and ad hoc process,
constructed according to multiple different interests and in order
to preserve public policies in the face of transnational
challenges. This book is the first to systematically analyse the
current state of commercial law from a global perspective. The
author seeks to both identify the reasons that are fostering the
harmonisation process and to explain the ways in which it is
developing. Among the relevant elements examined in this thorough
analysis are the following: how emerging countries are absorbing
international standards (with a special case study of Brazil); the
impact of corporate activities on legal systems; the role of the
corporation in promoting the standardisation of laws; issues of
social responsibility and corporate accountability; justifications
for the regulation of the corporate world; free trade vs. "fair
trade"; the impact of treaty reservations and different forms of
treaty incorporation into national legal systems; interaction
between regional trade agreements and the WTO system; how movements
of capital are reflected in international initiatives as well as in
regional legislation and regulation; co-operation among national
financial authorities; the emerging new lex mercatoria; and, the
role of professional associations such as the International Chamber
of Commerce (ICC).
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