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Idea of Commercial Law
This book is about the history of legal thought about commercial law from the period just preceding the Industrial Revolution to the present. It combines intellectual history, historiography, jurisprudence, political economy, and the economics of law to show how legal approaches to commercial law have transformed in the past two hundred years or so. The role of the judge, the legislator, and the merchant or professional in producing rules for commercial law are examined. The book illuminates how, contrary to traditional thinking about commercial law as mainly a practitioner's craft, it has been at the forefront of paradigmatic movements in legal theory and in the way we have come to understa...
The Future of Commercial Law
"The papers collected in this volume derive from a Society of Legal Scholars (SLS) seminar held at the College of St Hilde and St Bede at Durham University on 27-28 February 2017. The seminar was convened under the auspices of Durham Law School's Institute for Commercial and Corporate Law"--ECIP Introduction.
A Socio-Legal Theory of Money for the Digital Commercial Society
This book poses the question: do we need a new body of regulations and the constitution of new regulatory agents to face the evolution of money in the Fourth Industrial Revolution? After the Global Financial Crisis and the subsequent introduction of Distributed Ledger Technologies in monetary matters, multiple opinions claim that we are in the middle of a financial revolution that will eliminate the need for central banks and other financial institutions to form bonds of trust on our behalf. In contrast to these arguments, this book argues that we are not witnessing a revolutionary expression, but an evolutionary one that we can trace back to the very origin of money. Accordingly, the book p...
Research Handbook on Global Justice and International Economic Law
The fairness of institutions of global economic governance ranks among the most pressing issues of our time.
Global Justice and International Economic Law
Since the beginnings of the GATT and the Bretton Woods institutions, and on to the creation of the WTO, states have continued to develop institutions and legal infrastructure to promote global interdependence. International lawyers are experts in understanding how these institutions operate in practice, but they tend to uncritically accept comparative advantage as the principal normative criterion to justify these institutions. In contrast, moral and political philosophers have developed accounts of global justice, but these accounts have had relatively little influence on international legal scholarship and on institutional design. This volume reflects the results of a symposium held at Tillar House, the American Society of International Law headquarters in Washington, DC, in November 2008, which brought together philosophers, legal scholars and economists to discuss the problems of understanding international economic law from the standpoints of rights and justice, in particular from the standpoint of distributive justice.
The Misery of International Law
Poverty, inequality, and dispossession accompany economic globalization. Bringing together three international law scholars, this book addresses how international law and its regimes of trade, investment, finance, as well as human rights, are implicated in the construction of misery, and how international law is producing, reproducing, and embedding injustice and narrowing the alternatives that might really serve humanity. Adopting a pluralist approach, the authors confront the unconscionable dimensions of the global economic order, the false premises upon which they are built, and the role of international law in constituting and sustaining them. Combining insights from radical critiques, p...
Chinese and Global Financial Integration Through Stock Connect
This significant and timely book explores a novel market mechanism, Stock Connect, which gives mutual market access to Chinese and international investors, and provides original analyses and fresh insights. This mechanism could become the new normal in future global financial integration. By examining this cross-border scheme from a regulatory perspective via a three-tiered analytical framework (investors, issuers and regulators), this book unearths the profound implications of Stock Connect to local and global financial markets and the legal impediments to its implementation. It covers a broad range of topics in this cross-boundary investment channel, including an overview of four existing ...
The UNCITRAL Model Law on Electronic Transferable Records
This book comprehensively explores the revolution in the use of electronic negotiable instruments and negotiable documents through a thorough examination of the UNCITRAL Model Law on Electronic Transferable Records. The Model Law, a product of the United Nations Commission on International Trade Law, provides the most current and complete law for electronic negotiable instruments. To understand the short 19 articles and explanatory notes of the Model Law requires an extensive background not only in the current practices of digital trade, but also a thorough understanding of the substantive law of negotiable instruments and negotiable documents. This book provides a full and understandable gu...
Regulation Public Procurement - National and International Perspectives
Three international leaders in public procurement law fully explain how the procurement award process must be managed to achieve its goals in global market economy.
