Future of Commercial Law

Ways Forward for Change and Reform

Orkun Akseli (Redaktør) ; John Linarelli (Redaktør)

«All students and scholars interested in commercial law and its reforms will be fascinated by this collection of essays … the chapters in this work are all vital reading for anyone operating in the field … All commercial law commentators and practitioners should have a copy of the volume to hand to be able to delve into the detail.»

, Edinburgh Law Review
The reform of commercial law through harmonisation, unification, codification and other means remains one of the most important projects in developing the institutional architecture for the global economy. Les mer
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Om boka

The reform of commercial law through harmonisation, unification, codification and other means remains one of the most important projects in developing the institutional architecture for the global economy. This edited collection engages with the challenges and contributes to a greater understanding of the problems faced by states, international organisations, and private sector actors in this ongoing reform project for commercial law. The volume takes stock of the project to date and looks towards a restructuring of the agenda to deal with new challenges. The primary aim of the collection is to understand the future of commercial law reform in a way that offers ideas and strategies for innovation as well as in methodologies for project selection and evaluation. In so doing, the collection informs the debate on the global reform of commercial law and will be of interest not only to academics, but also to those involved in the reform of commercial law around the world. The volume collects papers presented at the UK Society of Legal Scholars Annual Seminar 2017.

Fakta

Innholdsfortegnelse

PART I
FOUNDATIONS AND FUNDAMENTALS OF COMMERCIAL LAW REFORM
1. UNCITRAL’s Role in Commercial Law Reform: History and Future Prospects
Caroline Nicholas
2. The Harmonisation of Laws in the United States of America
Henry Gabriel

PART II
NEW TECHNIQUES FOR CHOOSING AND EVALUATING COMMERCIAL LAW PROJECTS
3. Do We Need Harmonisation for Everything? The Possibilities and Limits of Harmonising Financial Law
Souichirou Kozuka
4. Behavioural Comparative Law: Its Relevance to Global Commercial Law-making
John Linarelli
5. Towards a Unified Approach to Economic Assessment in International Commercial Law Reform
Jenifer Varzaly

PART III
THE CHALLENGE OF THE DIGITAL ECONOMY
6. Cyberspace Institutions, Community and Legitimate Authority
Chris Reed
7. Data-driven Mergers under EU Competition Law
Anca D Chirita

PART IV
TENSIONS FOR SALE OF GOODS LAW
8. Circular Economy, Title and Harmonisation of Commercial Law
Sean Thomas
9. Service Contracts and the CISG
Prof Dr Ingeborg Schwenzer, Julian Ranetunge and Fernando Tafur

PART V
LAW FOR ACCESS TO FINANCE
10. The Financing of Micro-businesses in the United Kingdom: The Current Position and the Way Forward
Louise Gullifer
11. Equity Crowdfunding to Facilitate Access to Finance for Small Business: The Regulatory Response and the Indirect Impact on Company Law
Teresa Rodríguez de las Heras Ballell

PART VI
SECURED TRANSACTIONS: GLOBAL AND NATIONAL MOVEMENTS
12. Global Secured Transactions Law-making and National Law Reforms: Quo Vadis Secured Transactions Law?
N Orkun Akseli
13. The Role of Innovation in Cross-Border Lending
Richard M Kohn
14. Reform of Moveable Transactions Law in Scotland
Andrew Steven

PART VII
PUBLIC–PRIVATE PARTNERSHIPS: AN AREA FOR FUTURE REFORM?
15. Public–Private Partnerships and Harmonisation: The Public Private Partnership Act
Richard Craven
16. Regulation of Public–Private Partnership in China: The Search for Coherence, Consistency and Certainty
Ping Wang

Om forfatteren

Orkun Akseli is Associate Professor of Commercial Law and John Linarelli is Professor of Commercial Law, both at Durham University Law School.