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Through further technological development and increased
globalization, conducting busines abroad has become easier,
especially for Small and Medium Enterprises (SME). However, the
legal issues associated with international commerce have not
lessened in complexity, including the role of non-state rules. The
book provides a comprehensive analysis of non-state rules in
international commercial contracts. Non-state rules have legal
authority in the national and international sphere, but the key
question is how this legal authority can be understood and
established. To answer this question this book examines first what
non-state rules are and how their legal authority can be measured,
it then analyses how non-state rules are applied in different
scenarios, including as the applicable law, as a source of law, or
to interpret either the law or the contract. Throughout this
analysis three other important questions are also answered: when
can non-state rules be applied? when are they applied? and how are
they applied? The book concludes with a framework and
classification that leads to a deeper understanding of the legal
authority of non-state rules. Providing a transnational perspective
on this important topic, this book will appeal to anyone
researching international commercial law. It will also be a
valuable resource for arbitrators and anyone working in
international commercial litigation.
Through further technological development and increased
globalization, conducting busines abroad has become easier,
especially for Small and Medium Enterprises (SME). However, the
legal issues associated with international commerce have not
lessened in complexity, including the role of non-state rules. The
book provides a comprehensive analysis of non-state rules in
international commercial contracts. Non-state rules have legal
authority in the national and international sphere, but the key
question is how this legal authority can be understood and
established. To answer this question this book examines first what
non-state rules are and how their legal authority can be measured,
it then analyses how non-state rules are applied in different
scenarios, including as the applicable law, as a source of law, or
to interpret either the law or the contract. Throughout this
analysis three other important questions are also answered: when
can non-state rules be applied? when are they applied? and how are
they applied? The book concludes with a framework and
classification that leads to a deeper understanding of the legal
authority of non-state rules. Providing a transnational perspective
on this important topic, this book will appeal to anyone
researching international commercial law. It will also be a
valuable resource for arbitrators and anyone working in
international commercial litigation.
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