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Transnational Commercial Law is a textbook that deals predominantly with substantive legal contract rules that apply across borders and are designed to govern cross-border business transactions.
PART I TRANSNATIONAL COMMERCIAL LAW AND ITS SOURCES.- 1. Defining the subject matter.- 2. Law making 1 – The hierarchy of norms.- 3. Law making 2 - Law and non-law.- 4. The public/private law divide - why does it matter?.- 5. The sources of transnational commercial law.- 6. The lex mercatoria debate.- 7. Private international law.- Part II TRANSNATIONAL COMMERCIAL LAW IN ACTION.- 8. Selected sources of transnational law.- 9. Selected sources of transnational law – Other contract types.- 10. Aspects of corporate and finance law.- 11. Motivations behind choice of law.- 12. Transnational law in arbitration.- 13. Transnational law in state courts.- 14. Transnational commercial law in reform.- 15. Outlook – The future of transnational commercial law.
Maren Heidemann is a qualified lawyer (Germany) and Associate Fellow at the Institute of Advanced Legal Studies at School of Advanced Studies, University of London, England, United Kingdom
‘An impressive book which covers in a deceptively concise manner an enormous number of topics in international business. The author handles this still largely uncharted area of the law to create a coherent account that explains, guides and simplifies. Underpinned by impressive research, it is innovative and resourceful and a major and most welcome contribution to this emerging field. – Jan Dalhuisen, King’s College, London, UK
‘Scholars and law students will welcome this wide-ranging introduction to transnational commercial law. Scholars will appreciate the book’s mapping of the scope of a field so broad that conceptual links between subjects are not always noted, while students will find an accessible framework within which individual concepts and topics are clearly presented and analyzed.’ – Peter Winship, SMU Dedman School of Law, Dallas, USA
Transnational commercial law, covering the specific rules and regulations that govern cross-border commercial transactions, is an emerging subject in international trade and commercial law. It requires reference to multiple areas of law, including private and public international law, the law of specific commercial transactions and arbitration. For the first time, all these aspects are combined in one book.
Transnational Commercial Law provides a broad overview of the foundations, sources and applications of transnational commercial law. A concise guide to the most important cornerstones of this evolving legal discipline, the book also provides a basis for further study as well as some detailed, up-to-date academic analysis of certain, sometimes controversial, aspects.
Intended for use on LLM courses, it will be invaluable for students on master's programmes in transnational law, international commercial law, international commercial arbitration and international contract law, as well as to researchers exploring this field of law.
Maren Heidemann is a German lawyer and Visiting Fellow at the Institute of Advanced Legal Studies at the School of Advanced Studies, University of London, UK. She has designed and taught postgraduate courses within transnational commercial law, and is the author of numerous monographs and journal articles.