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“… a highly valuable contribution to the legal literature. It
adopts a useful, modern approach to teaching the young generation
of lawyers how to deal with the increasing internationalisation of
law. It is also helpful to the practising lawyer and to
legislators.” (Uniform Law Review/Revue de Droit Uniforme) Volume
4 of this new edition deals with movable and intangible property
law. The book addresses the transformation of the models of movable
property in commercial and financial transactions between
professionals in the international flow of goods, services, money,
information, and technology. In this transnational legal order, the
emphasis in the new law merchant or modern lex mercatoria of
movable property turns to risk management, asset liquidity, and
transactional and payment finality. Particular attention is given
to the notion of assets and asset classes, the inclusion of
monetary claims, the transformation of assets in production and
distribution chains, and the type of user, income and enjoyment
rights that can be established in them, when they become
proprietary, what that means, the role of party autonomy in the
creation and operation of these rights, and how they are handled
between professional participants and upon a sale to consumers. The
volume compares common law and civil law concepts - the one being
geared to improving value, the other to consumption; it then
identifies their relevance especially in modern finance, and
concludes by indicating future directions. The complete set in this
magisterial work is made up of 6 volumes. Used independently, each
volume allows the reader to delve into a particular topic.
Alternatively, all volumes can be read together for a comprehensive
overview of transnational comparative commercial, financial and
trade law.
“… remains a must read for practitioners and academics
interested in more than the substantive law of trans-border
commercial activity.” (King’s Law Journal) Volume 2 of this new
edition covers the transnationalisation of dispute resolution,
especially arbitration, and contains a critical analysis of the
main challenges to its success, continuing credibility, and
effectiveness. The volume distinguishes between commercial,
financial, and foreign investment arbitration and concentrates on
the status, role, and reasoning of international arbitrators, their
limited powers especially in matters of public policy and in
property matters, the threat of judicialisation, and the need to
connect with mediation and a settlement ethos. The complete set in
this magisterial work is made up of 6 volumes. Used independently,
each volume allows the reader to delve into a particular topic.
Alternatively, all volumes can be read together for a comprehensive
overview of transnational comparative commercial, financial and
trade law.
“It stands alone in its field not only due to its comprehensive
coverage, but also its original methodology. Although it appears to
be a weighty tome, in fact, in light of its scope, it is very
concise. While providing a wealth of intensely practical
information, its heart is highly conceptual and very ambitious...
likely to become a classic text in its field.” (American Journal
of Comparative Law) Volume 3 of this new edition deals with the
transnationalisation of contract law. It compares common law and
civil law concepts, noting the origin of the one in commercial law
and of the other in consumer law, and identifies the different
attitudes to protection, risk management, and risk distribution.
The volume also explores future directions in international
commerce and finance, as well as the potential, effects, and
challenges of e-commerce, the blockchain, and the emergence of the
smart contract. The complete set in this magisterial work is made
up of 6 volumes. Used independently, each volume allows the reader
to delve into a particular topic. Alternatively, all volumes can be
read together for a comprehensive overview of transnational
comparative commercial, financial and trade law.
“This is a big book, with big themes and an author with the
necessary experience to back them up… Full of insights as to the
theories that underlie the rules governing contract, property and
security, it is an important contribution to the law of
international commerce and finance.” (Law Quarterly Review)
Volume 1 of this new edition covers the roots and foundations of
private law, the different origins, structure, and orientation of
civil and common law, and the social and cultural forces behind it.
It analyses the practical needs and market forces behind the
emergence of a new transnational commercial and financial legal
order, its international finance-driven impulses, concepts, and
operation; the theoretical basis of the transnationalisation of the
law in the professional sphere in that order; the autonomous
sources of the new law merchant or modern lex mercatoria derived
from the method of public international law, as well as its
relationship to domestic and transnational public policy and public
order requirements. The complete set in this magisterial work is
made up of 6 volumes. Used independently, each volume allows the
reader to delve into a particular topic. Alternatively, all volumes
can be read together for a comprehensive overview of transnational
comparative commercial, financial and trade law.
“… presents a very different case: that of a civilized and
cultivated cosmopolitan legal scholar, with a keen sense of
international commercial and financial practice, with an in-depth
grounding in both comparative legal history and comparative law,
combined with the ability to transcend conventional English
black-letter law description with critical judgment towards
institutional wisdom and intellectual fashions.” (International
and Comparative Law Quarterly) Volume 5 of this new edition uses
the insights developed in Volumes 3 and 4 to deal with financial
products and financial services, the structure and operation of
banking and of the capital markets, and the role of modern
commercial and investment banks. Sections on products and services
address the blockchain and its potential in the payment system, in
securitisations, in the custodial holdings of investment
securities, and in the derivative markets. The complete set in this
magisterial work is made up of 6 volumes. Used independently, each
volume allows the reader to delve into a particular topic.
Alternatively, all volumes can be read together for a comprehensive
overview of transnational comparative commercial, financial and
trade law.
“… a wide-ranging, historically and comparatively very deep and
comprehensive commentary, but which is also very contemporary and
forward-looking on many or most of the issues relevant in modern
transnational commercial, contract and financial transactions”
(International and Comparative Law Quarterly) Volume 6 of this new
edition deals with financial regulation of banks and banking
activities and products. It critically reviews micro-prudential
regulation, the need for macro-prudential supervision and an
independent macro-prudential supervisor, the role of resolution
authorities, the operation of the shadow banking system, and the
extraterritorial reach and international recognition of financial
regulation. The volume considers in particular the fallout from the
2008 financial crisis and the subsequent regulatory responses in
the US and Europe. The complete set in this magisterial work is
made up of 6 volumes. Used independently, each volume allows the
reader to delve into a particular topic. Alternatively, all volumes
can be read together for a comprehensive overview of transnational
comparative commercial, financial and trade law.
“… a wide-ranging, historically and comparatively very deep and
comprehensive commentary, but which is also very contemporary and
forward-looking on many or most of the issues relevant in modern
transnational commercial, contract and financial transactions”
(International and Comparative Law Quarterly) Volume 6 of this new
edition deals with financial regulation of banks and banking
activities and products. It critically reviews micro-prudential
regulation, the need for macro-prudential supervision and an
independent macro-prudential supervisor, the role of resolution
authorities, the operation of the shadow banking system, and the
extraterritorial reach and international recognition of financial
regulation. The volume considers in particular the fallout from the
2008 financial crisis and the subsequent regulatory responses in
the US and Europe. The complete set in this magisterial work is
made up of 6 volumes. Used independently, each volume allows the
reader to delve into a particular topic. Alternatively, all volumes
can be read together for a comprehensive overview of transnational
comparative commercial, financial and trade law.
“… a highly valuable contribution to the legal literature. It
adopts a useful, modern approach to teaching the young generation
of lawyers how to deal with the increasing internationalisation of
law. It is also helpful to the practising lawyer and to
legislators.” (Uniform Law Review/Revue de Droit Uniforme) Volume
4 of this new edition deals with movable and intangible property
law. The book addresses the transformation of the models of movable
property in commercial and financial transactions between
professionals in the international flow of goods, services, money,
information, and technology. In this transnational legal order, the
emphasis in the new law merchant or modern lex mercatoria of
movable property turns to risk management, asset liquidity, and
transactional and payment finality. Particular attention is given
to the notion of assets and asset classes, the inclusion of
monetary claims, the transformation of assets in production and
distribution chains, and the type of user, income and enjoyment
rights that can be established in them, when they become
proprietary, what that means, the role of party autonomy in the
creation and operation of these rights, and how they are handled
between professional participants and upon a sale to consumers. The
volume compares common law and civil law concepts - the one being
geared to improving value, the other to consumption; it then
identifies their relevance especially in modern finance, and
concludes by indicating future directions. The complete set in this
magisterial work is made up of 6 volumes. Used independently, each
volume allows the reader to delve into a particular topic.
Alternatively, all volumes can be read together for a comprehensive
overview of transnational comparative commercial, financial and
trade law.
“It stands alone in its field not only due to its comprehensive
coverage, but also its original methodology. Although it appears to
be a weighty tome, in fact, in light of its scope, it is very
concise. While providing a wealth of intensely practical
information, its heart is highly conceptual and very ambitious...
likely to become a classic text in its field.” (American Journal
of Comparative Law) Volume 3 of this new edition deals with the
transnationalisation of contract law. It compares common law and
civil law concepts, noting the origin of the one in commercial law
and of the other in consumer law, and identifies the different
attitudes to protection, risk management, and risk distribution.
The volume also explores future directions in international
commerce and finance, as well as the potential, effects, and
challenges of e-commerce, the blockchain, and the emergence of the
smart contract. The complete set in this magisterial work is made
up of 6 volumes. Used independently, each volume allows the reader
to delve into a particular topic. Alternatively, all volumes can be
read together for a comprehensive overview of transnational
comparative commercial, financial and trade law.
“… remains a must read for practitioners and academics
interested in more than the substantive law of trans-border
commercial activity.” (King’s Law Journal) Volume 2 of this new
edition covers the transnationalisation of dispute resolution,
especially arbitration, and contains a critical analysis of the
main challenges to its success, continuing credibility, and
effectiveness. The volume distinguishes between commercial,
financial, and foreign investment arbitration and concentrates on
the status, role, and reasoning of international arbitrators, their
limited powers especially in matters of public policy and in
property matters, the threat of judicialisation, and the need to
connect with mediation and a settlement ethos. The complete set in
this magisterial work is made up of 6 volumes. Used independently,
each volume allows the reader to delve into a particular topic.
Alternatively, all volumes can be read together for a comprehensive
overview of transnational comparative commercial, financial and
trade law.
“… presents a very different case: that of a civilized and
cultivated cosmopolitan legal scholar, with a keen sense of
international commercial and financial practice, with an in-depth
grounding in both comparative legal history and comparative law,
combined with the ability to transcend conventional English
black-letter law description with critical judgment towards
institutional wisdom and intellectual fashions.” (International
and Comparative Law Quarterly) Volume 5 of this new edition uses
the insights developed in Volumes 3 and 4 to deal with financial
products and financial services, the structure and operation of
banking and of the capital markets, and the role of modern
commercial and investment banks. Sections on products and services
address the blockchain and its potential in the payment system, in
securitisations, in the custodial holdings of investment
securities, and in the derivative markets. The complete set in this
magisterial work is made up of 6 volumes. Used independently, each
volume allows the reader to delve into a particular topic.
Alternatively, all volumes can be read together for a comprehensive
overview of transnational comparative commercial, financial and
trade law.
“This is a big book, with big themes and an author with the
necessary experience to back them up… Full of insights as to the
theories that underlie the rules governing contract, property and
security, it is an important contribution to the law of
international commerce and finance.” (Law Quarterly Review)
Volume 1 of this new edition covers the roots and foundations of
private law, the different origins, structure, and orientation of
civil and common law, and the social and cultural forces behind it.
It analyses the practical needs and market forces behind the
emergence of a new transnational commercial and financial legal
order, its international finance-driven impulses, concepts, and
operation; the theoretical basis of the transnationalisation of the
law in the professional sphere in that order; the autonomous
sources of the new law merchant or modern lex mercatoria derived
from the method of public international law, as well as its
relationship to domestic and transnational public policy and public
order requirements. The complete set in this magisterial work is
made up of 6 volumes. Used independently, each volume allows the
reader to delve into a particular topic. Alternatively, all volumes
can be read together for a comprehensive overview of transnational
comparative commercial, financial and trade law.
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