The future of commercial law : ways forward for change and reform

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書誌事項

The future of commercial law : ways forward for change and reform

edited by Orkun Akseli and John Linarelli

（Hart studies in commercial and financial law, v. 4）

Hart, 2020

  • : hb

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注記

"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."--P. [1]

Includes index

内容説明・目次

内容説明

The reform of commercial law through harmonisation, unification, codification and other means remains one of the most important projects in developing the institutional architecture for the global economy. This edited collection engages with the challenges and contributes to a greater understanding of the problems faced by states, international organisations, and private sector actors in this ongoing reform project for commercial law. The volume takes stock of the project to date and looks towards a restructuring of the agenda to deal with new challenges. The primary aim of the collection is to understand the future of commercial law reform in a way that offers ideas and strategies for innovation as well as in methodologies for project selection and evaluation. In so doing, the collection informs the debate on the global reform of commercial law and will be of interest not only to academics, but also to those involved in the reform of commercial law around the world. The volume collects papers presented at the UK Society of Legal Scholars Annual Seminar 2017.

目次

PART I FOUNDATIONS AND FUNDAMENTALS OF COMMERCIAL LAW REFORM 1. UNCITRAL's Role in Commercial Law Reform: History and Future Prospects Caroline Nicholas 2. The Harmonisation of Laws in the United States of America Henry Gabriel PART II NEW TECHNIQUES FOR CHOOSING AND EVALUATING COMMERCIAL LAW PROJECTS 3. Do We Need Harmonisation for Everything? The Possibilities and Limits of Harmonising Financial Law Souichirou Kozuka 4. Behavioural Comparative Law: Its Relevance to Global Commercial Law-making John Linarelli 5. Towards a Unified Approach to Economic Assessment in International Commercial Law Reform Jenifer Varzaly PART III THE CHALLENGE OF THE DIGITAL ECONOMY 6. Cyberspace Institutions, Community and Legitimate Authority Chris Reed 7. Data-driven Mergers under EU Competition Law Anca D Chirita PART IV TENSIONS FOR SALE OF GOODS LAW 8. Circular Economy, Title and Harmonisation of Commercial Law Sean Thomas 9. Service Contracts and the CISG Prof Dr Ingeborg Schwenzer, Julian Ranetunge and Fernando Tafur PART V LAW FOR ACCESS TO FINANCE 10. The Financing of Micro-businesses in the United Kingdom: The Current Position and the Way Forward Louise Gullifer 11. Equity Crowdfunding to Facilitate Access to Finance for Small Business: The Regulatory Response and the Indirect Impact on Company Law Teresa Rodriguez de las Heras Ballell PART VI SECURED TRANSACTIONS: GLOBAL AND NATIONAL MOVEMENTS 12. Global Secured Transactions Law-making and National Law Reforms: Quo Vadis Secured Transactions Law? N Orkun Akseli 13. The Role of Innovation in Cross-Border Lending Richard M Kohn 14. Reform of Moveable Transactions Law in Scotland Andrew Steven PART VII PUBLIC-PRIVATE PARTNERSHIPS: AN AREA FOR FUTURE REFORM? 15. Public-Private Partnerships and Harmonisation: The Public Private Partnership Act Richard Craven 16. Regulation of Public-Private Partnership in China: The Search for Coherence, Consistency and Certainty Ping Wang

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