Non-State Rules in International Commercial Law: Contracts, Legal Authority and Application

ISBN-13: 9780367195441 / Angielski / Twarda / 2021 / 256 str.

Johanna Hoekstra

Opis

The book provides a comprehensive analysis of non-state rules in international commercial law. Having established what they are and how their legal authority can be measured, it looks at their application in courts and establishes benchmarks against which the legal authority of non-state rules can be measured.

Spis treści

1. Introduction: Non-State Rules in International Commercial Contracts. Part 1 - The Nature of Non-State Rules and How to Measure their Legal Authority. 2. Defining Non-State Rules. 3. The Place of Non-State Rules in International Commercial Law. 4. The Roles of Non-State Rules in the Contractual Relationship. Part 2 - Application of Non-State Rules as the Governing Law of the Contract. 5. Party Autonomy in International Commercial Contracts. 6. Non-State Rules and Private International Law. 7. Non-State Rules and Arbitration. Part 3 - How Courts Apply Non-State Rules. 8. Applying Non-State Rules as a Source of Domestic Law. 9. The Application of Non-State Rules to Interpret the Law. 10. The Application of Codified Non-State Rules as Lex Mercatoria. 11. Ascertaining the Legal Authority of Non-State Rules.

O autorze

Johanna Hoekstra is a lecturer in Law at the University of Essex, UK.