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This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, Constitutional Courts as "Positive Legislators," Same-sex Marriage, Climate Change and the Law, The Regulation of Private Equity, Hedge Funds, and State Funds, and Regulation of Corporate Tax Evasion. Each chapter surveys legal developments in the U.S. and Canada, Europe, Asia, Latin and South America, Africa, and the Middle East in a format that permits the reader easy access to similarities and differences in the approaches of the selected national regimes. Thiscomprehensive volumetells the story of parallel trends in the evolution of legal doctrine despite jurisdictional, cultural, and political barriers. While each of the covered countries stands alone as a sovereign, in a technologically advanced world their disparate systems nonetheless have converged to adopt comparable strategies in dealing with complex legal issues. Thevolume is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law."
International Transactions in Goods: Global Sales in Comparative
Context explains the complex transactional structures common in
international sales, from both an international and a domestic
legal perspective. In a straightforward, accessible style, this
course book sets out typical business models and commercial
practices, including sample legal and commercial documents, and
outlining the laws that govern them. Closely attuned to practice,
this course book covers transactions on a commercial scale and
gives full treatment not only to legal topics, but also payment,
security, carriage, and insurance, addressing both traditional
topics such as letters of credit, bills of lading, and the
Incoterms, as well as modern practices like electronic funds
transfers, and waybills. Martin Davies and David V. Snyder
emphasize the strategic questions that lawyers and businesses face
when negotiating and documenting deals, and when litigating
transactions that have gone awry. As many of the strategies revolve
around choice of governing law, the book treats not only
international law, particularly the UN Convention on the
International Sales of Goods (CISG), but also exemplary domestic
laws from both common law and civil law jurisdictions, including
the US Uniform Commercial Code (UCC), English law, French law, and
German law.
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