“This is a big book, with big themes and an author with the necessary experience to back them up… Full of insights as to the theories that underlie the rules governing contract, property and security, it is an important contribution to the law of international commerce and finance.” (Law Quarterly Review)Volume 1 of this new edition covers the roots and foundations of private law, the different origins, structure, and orientation of civil and common law, and the social and cultural forces behind it. It analyses the practical needs and market forces behind the emergence of a new transnational commercial and financial legal order, its international finance-driven impulses, concepts, and operation; the theoretical basis of the transnationalisation of the law in the professional sphere in that order; the autonomous sources of the new law merchant or modern lex mercatoria derived from the method of public international law, as well as its relationship to domestic and transnational public policy and public order requirements.The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.

Produktinformation

Utgivningsdatum:2023-11-02
Mått:170 x 244 x 26 mm
Vikt:800 g
Format:Häftad
Språk:Engelska
Antal sidor:464
Upplaga:8
Förlag:Bloomsbury Publishing PLC
ISBN:9781509949229

Utforska kategorier

Handelsrätt inom Juridik
Internationell rätt: transport och handel inom Juridik
Folkrätt inom Juridik

Mer om författaren

Jan H Dalhuisen is Professor of Law at King's College London, UK and Chair in Transnational Financial Law at the Catholic University in Lisbon, Portugal. He is Visiting Professor at the University of California at Berkeley and former Visiting Professor at the Tsinghua University in Beijing, the University of Hong Kong, the University of Singapore (NUS), Tel Aviv University, the University of New South Wales in Sydney, Australia, and the University of Utrecht in The Netherlands.

Recensioner i media

[A] monument of tremendous scholarship. It is likely to be an irreplaceable source for both academic and practicing lawyers dealing with international trade, finance, and economic law.

Innehållsförteckning

Part I The Emergence of the Modern Lex Mercatoria, its Method, Structure and Antecedents. Civil or Common Law Thinking?1.1. Introduction1.2. The Origin of Civil Law. Its Traditional Approach to Law Formation and tothe Operation of Private Law. Effect on Commercial and Financial Law 1.3. The Origin and Evolution of the Common Law. Its Approach to Law, Private Law Formation and Operation 1.4. The Sources of Law in the Civil and Common Law Tradition. The Approach in Transnational Private Law and the Hierarchy of Sources of Law and their Norms in the Modern Lex Mercatoria 1.5. Different Legal Orders, their Manifestation, and the Competition between them. Cultural, Sociological and Economic Undercurrents in the Formation of Transnational Commercial and Financial Law (Modern Lex Mercatoria)Part II The Nature, Status and Function of Private International Law2.1. Modern Private International Law 2.2. The Modern European and US Approaches to Conflicts of Law 2.3. Interaction of Private International Law and Uniform LawPart III The Substance and Operation of Transnational Commercial and Financial Law or the Modern Lex Mercatoria3.1. The Lex Mercatoria, Interrelation with Private International Law, Legitimation3.2. The Hierarchy of Norms from Different Legal Sources in the Modern Lex Mercatoria: Elaboration in the Positive Law3.3. Operation of the Lex Mercatoria. Objections