عنوان

Transnational commercial and consumer law :

9789811310805

9811310807

9789811310799

9811310793

Transnational commercial and consumer law :

[Book]

current trends in international business law /

Toshiyuki Kono, Mary Hiscock, Arie Reich, editors.

Singapore :

Springer,

[2018]

©2018

1 online resource

Perspectives in law, business and innovation

Includes bibliographical references and index.

Intro; Dedication; Introduction; Contents; About the Editors; Chapter 1: The Effectiveness oftheWTO Dispute Settlement System: AStatistical Analysis; 1 Introduction; 2 The Number ofCases over theYears; 3 Who Are theUsers oftheSystem?; 4 Is There aCorrelation BetweenGDP andGNI perCapita andNumber ofComplaints Filed?; 5 Is There aHigher Propensity forPoorer Countries toSettle?; 6 Compliance withDSB Rulings: What Is theMotivation forArticle 21.5 Procedures?; 7 Compliance withDSB Rulings: Who Complies andWho Doesn't?; 8 How Long Do WTO Dispute Settlement Procedures Take?

2.3 Deference toSpecialized Laws andRegimes2.4 Need forNeutral Terminology; 3 The Degree ofFacial Consensus Achieved bythe Model Law; 3.1 Formulation oftheWriting Requirement forSecurity Agreements; 3.2 Whether toLimit thePriority oftheFirst Ranking Secured Creditor forFuture Advances; 3.3 Conditions forSuper Priority ofAcquisition Security Rights inInventory; 3.4 Entitlement toApply forExpeditious Relief intheContext ofEnforcement Proceedings?; 3.5 Law Applicable toSecurity Rights inBank Accounts

3.6 Unauthorized Amendments andDischarges: Secured Creditor vs. Third Party Protection3.7 Impact ofaPost-registration Change ofGrantor Name andTransfer ofEncumbered Assets toaNew 'Grantor'; 3.8 Additional Registry-Related Options; 4 An Illusory or Real Consensus?; References; Chapter 4: Detailed Contract Regulations andtheUPICC: Parallels withNational Law andPotential forImprovement: TheExample ofNorwegian Law; 1 Introduction; 2 Why Is theRelationship Betweenthe UPICC andDetailed Contract Regulation anIssue?

6.5 How Far Should theProtection ofBeneficiary Go?6.6 Caveat Venditor; 6.7 Genuine Documents andtheAutonomy Principle; 6.8 Conflict Between Public Policies; 7 Comparative Law Overview; 7.1 Canada; 7.2 US; 7.3 Singapore; 7.4 France; 8 Need toRegulate theFraud; 9 Conclusion; References; Chapter 3: A Transnational Consensus onSecured Transactions Law? The2016 UNCITRAL Model Law; 1 Introduction; 2 General Challenges inDrafting Internationally Uniform Laws; 2.1 Form andStyle; 2.2 Avoidance ofInterference with"Other Laws" oftheEnacting State

9 The Appellate Body's Inability toRemand aCase tothePanel9.1 Background totheProblem; 9.2 The Findings; 9.3 Demonstration oftheProblem: DS449; 10 Conclusion; References; Chapter 2: Documentary Fraud Under theUCP: Revisiting an'Exception fromException' Principle; 1 Introduction; 2 Principle ofAutonomy andRisk ofFraud Under theUCP; 3 Risk ofFraud; 4 Fraud Exception Rule; 5 The United City Merchants Case; 5.1 Facts andHolding; 5.2 Forgery andNullity; 6 Analyses; 6.1 Rationale; 6.2 Criticism; 6.3 Risk ofBanks; 6.4 Risk ofApplicant

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This book explores current developments in transnational commercial and consumer law. It features essays written by leading experts, many of who have taken part in the negotiation and formulation of the international instruments they discuss here. The contributors look at issues arising from the profound changes that globalization is having on the legal norms governing commercial and consumer transactions, both domestic and transnational. They consider how relations between private actors, state regulators, and national courts are being completely reconfigured. This, in turn, generates pressures for legal harmonization and creates opportunities for new national and transnational legal norms and procedures to develop. The contributions address both the dynamics and the substance of these developments. Topics included are the UNCITRAL Model Law on secured transactions and on cross-border insolvency, the ICC Uniform Customs and Practices of Documentary Credits (UCP 600), and the dispute resolution mechanism and practices of the World Trade Organization. The content was formerly presented as papers at the 18th Biennial Meeting of the International Academy of Commercial and Consumer Law (the International Academy) at Kyushu University, Japan. Overall, this book provides readers with a solid theoretical foundation and strong familiarity with the practice of law and international commerce, offering realistic and practical conclusions.

Springer Nature

com.springer.onix.9789811310805

Transnational commercial and consumer law.

9789811310799

Commercial law.

Consumer protection-- Law and legislation.

Commercial law.

Commercial law.

Consumer protection-- Law and legislation.

International economic & trade law.

International law.

LAW-- Administrative Law & Regulatory Practice.

LAW-- 001000

LNCB

LNCB

Hiscock, Mary E., (Mary Elizabeth),1939-

Kono, Toshiyuki

Reich, Arie

20200823224451.0

pn

[Book]

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