Dalhuisen on Transnational Comparative Commercial Financial and Trade Law Volume 1

This is the seventh edition of the leading work on transnational and comparative commercial, financial, and trade law, covering a wide range of complex topics in the modern law of international commerce and finance.

Dalhuisen on Transnational Comparative  Commercial  Financial and Trade Law Volume 1

This is the seventh edition of the leading work on transnational and comparative commercial, financial, and trade law, covering a wide range of complex topics in the modern law of international commerce and finance. As a guide for students and practitioners it has proven to be unrivalled. The work is divided into three volumes, each of which can be used independently or as part of the complete work. Volume 1, in the first chapter, covers the roots and foundations of private law; the different origins, structure, and orientation of civil and common law; the forces behind the emergence of a new transnational commercial and financial legal order, its meaning, concepts, and operation; the theoretical basis of the transnationalisation of the law in the professional sphere in that order; its methodology and the autonomous sources of the new law merchant or modern lex mercatoria, its international finance-driven impulses, and its relationship to domestic and transnational public policy and public order requirements. The second chapter covers the transnationalisation of dispute resolution in that order, especially international arbitration, and contains a critical analysis of the main challenges to its success, continuing credibility, and effectiveness. All three volumes may be purchased separately or as part of a single set.

Dalhuisen on Transnational Comparative Commercial Financial and Trade Law

VOLUME 1 This is the fourth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, finance and trade.

Dalhuisen on Transnational Comparative  Commercial  Financial  and Trade Law

This is the fourth edition of author Jan Dalhuisen's leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, finance, and trade. In a significant departure from earlier editions, the work is now divided into three volumes, each of which can be used independently or as part of the complete work. It is an unrivalled guide for students and practitioners, and all three volumes may be purchased individually or as a single, complete, three volume boxed set. *** "Volume 1: Introduction: The New Lex Mercatoria and Its Sources (Fourth Edition)" - This first volume covers the introductory material: historical sources, legal systems, foundations of private law, the forces of transnationalization, and the development of the modern law merchant or lex mercatoria as a largely autonomous finance-driven event.

Dalhuisen on Transnational Comparative Commercial Financial and Trade Law

"This is the seventh edition of the leading work on transnational and comparative commercial, financial, and trade law, covering a wide range of complex topics in the modern law of international commerce and finance.

Dalhuisen on Transnational Comparative  Commercial  Financial and Trade Law

"This is the seventh edition of the leading work on transnational and comparative commercial, financial, and trade law, covering a wide range of complex topics in the modern law of international commerce and finance. As a guide for students and practitioners it has proven to be unrivalled. The work is divided into three volumes, each of which can be used independently or as part of the complete work. Volume 1, in the first chapter, covers the roots and foundations of private law; the different origins, structure, and orientation of civil and common law; the forces behind the emergence of a new transnational commercial and financial legal order, its meaning, concepts, and operation; the theoretical basis of the transnationalisation of the law in the professional sphere in that order; its methodology and the autonomous sources of the new law merchant or modern lex mercatoria , its international finance-driven impulses, and its relationship to domestic and transnational public policy and public order requirements. The second chapter covers the transnationalisation of dispute resolution in that order, especially international arbitration, and contains a critical analysis of the main challenges to its success, continuing credibility, and effectiveness. All three volumes may be purchased separately or as part of a single set."--

Dalhuisen on Transnational Comparative Commercial Financial and Trade Law Volume 1

This is the sixth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, finance and trade.

Dalhuisen on Transnational Comparative  Commercial  Financial and Trade Law Volume 1

This is the sixth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, finance and trade. As a guide for students and practitioners it has proven to be unrivaled. The work is divided into three volumes, each of which can be used independently or as part of the complete work. Volume 1 covers the roots and foundations of private law; the different orientations and structure of civil and common law; the concept, forces, and theoretical basis of the transnationalisation of the law and of dispute resolution in the professional sphere; the autonomous sources of the new law merchant or modern lex mercatoria, its finance-driven impulses; and its relationship to domestic and transnational public policy and public order requirements All three volumes may be purchased separately or as part of a single set. From the reviews of previous editions: '...remains a must read for practitioners and academics interested in more than the substantive law of trans-border commercial activity. For students of transnational law with some philosophical and historiographical knowledge, Dalhuisen's three volumes are an obvious choice too, as the true value of this work lies in his continuous proposals for new perspectives as opposed to a mere collection of and reflection on existing data on the subject. They are concise, informative and for this subject in the ascendance highly authoritative'. King's Law Journal '... synthesizes and integrates diverse bodies of law into a coherent and accessible account ... remarkable in its scope and depth. It stands alone in its field not only due to its comprehensive coverage, but also its original methodology. Although it appears to be a weighty tome, in fact, in light of its scope, it is very concise. While providing a wealth of intensely practical information, its heart is highly conceptual and very ambitious ... likely to become a classic text in its field.' American Journal of Comparative Law 'Dalhuisen's style is relaxed ... what he writes convinces without the need for an excess of references to sources...a highly valuable contribution to the legal literature. It adopts a useful, modern approach to teaching the young generation of lawyers how to deal with the increasing internationalisation of law. It is also helpful to the practising lawyer and to legislators.' Uniform Law Review/Revue de Droit Uniforme '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 '...presents a very different case: that of a civilized and cultivated cosmopolitan legal scholar, with a keen sense of international commercial and financial practice, with an in-depth grounding in both comparative legal history and comparative law, combined with the ability to transcend conventional English black-letter law description with critical judgment towards institutional wisdom and intellectual fashions ... a wide-ranging, historically and comparatively very deep and comprehensive commentary, but which is also very contemporary and forward-looking on many or most of the issues relevant in modern transnational commercial, contract and financial transactions ...' International and Comparative Law Quarterly

Dalhuisen on Transnational Comparative Commercial Financial and Trade Law Volume 1

This is the sixth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, finance and trade.

Dalhuisen on Transnational Comparative  Commercial  Financial and Trade Law Volume 1

This is the sixth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, finance and trade. As a guide for students and practitioners it has proven to be unrivaled. The work is divided into three volumes, each of which can be used independently or as part of the complete work. Volume 1 covers the roots and foundations of private law; the different orientations and structure of civil and common law; the concept, forces, and theoretical basis of the transnationalisation of the law and of dispute resolution in the professional sphere; the autonomous sources of the new law merchant or modern lex mercatoria, its finance-driven impulses; and its relationship to domestic and transnational public policy and public order requirements All three volumes may be purchased separately or as part of a single set. From the reviews of previous editions: '...remains a must read for practitioners and academics interested in more than the substantive law of trans-border commercial activity. For students of transnational law with some philosophical and historiographical knowledge, Dalhuisen's three volumes are an obvious choice too, as the true value of this work lies in his continuous proposals for new perspectives as opposed to a mere collection of and reflection on existing data on the subject. They are concise, informative and for this subject in the ascendance highly authoritative'. King's Law Journal '... synthesizes and integrates diverse bodies of law into a coherent and accessible account ... remarkable in its scope and depth. It stands alone in its field not only due to its comprehensive coverage, but also its original methodology. Although it appears to be a weighty tome, in fact, in light of its scope, it is very concise. While providing a wealth of intensely practical information, its heart is highly conceptual and very ambitious ... likely to become a classic text in its field.' American Journal of Comparative Law 'Dalhuisen's style is relaxed ... what he writes convinces without the need for an excess of references to sources...a highly valuable contribution to the legal literature. It adopts a useful, modern approach to teaching the young generation of lawyers how to deal with the increasing internationalisation of law. It is also helpful to the practising lawyer and to legislators.' Uniform Law Review/Revue de Droit Uniforme '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 '...presents a very different case: that of a civilized and cultivated cosmopolitan legal scholar, with a keen sense of international commercial and financial practice, with an in-depth grounding in both comparative legal history and comparative law, combined with the ability to transcend conventional English black-letter law description with critical judgment towards institutional wisdom and intellectual fashions ... a wide-ranging, historically and comparatively very deep and comprehensive commentary, but which is also very contemporary and forward-looking on many or most of the issues relevant in modern transnational commercial, contract and financial transactions ...' International and Comparative Law Quarterly

Dalhuisen on Transnational Comparative Commercial Financial and Trade Law Volume 1

DALHUISEN ON TRANSNATIONAL COMPARATIVE, COMMERCIAL, FINANCIAL AND TRADE LAW VOLUME 1 This is the seventh edition of the leading work on transnational and comparative commercial, financial, and trade law, covering a wide range of complex ...

Dalhuisen on Transnational Comparative  Commercial  Financial and Trade Law Volume 1

This is the seventh edition of the leading work on transnational and comparative commercial, financial, and trade law, covering a wide range of complex topics in the modern law of international commerce and finance. As a guide for students and practitioners it has proven to be unrivalled. The work is divided into three volumes, each of which can be used independently or as part of the complete work. Volume 1, in the first chapter, covers the roots and foundations of private law; the different origins, structure, and orientation of civil and common law; the forces behind the emergence of a new transnational commercial and financial legal order, its meaning, concepts, and operation; the theoretical basis of the transnationalisation of the law in the professional sphere in that order; its methodology and the autonomous sources of the new law merchant or modern lex mercatoria, its international finance-driven impulses, and its relationship to domestic and transnational public policy and public order requirements. The second chapter covers the transnationalisation of dispute resolution in that order, especially international arbitration, and contains a critical analysis of the main challenges to its success, continuing credibility, and effectiveness. All three volumes may be purchased separately or as part of a single set.

Dalhuisen on Transnational Comparative Commercial Financial and Trade Law Volume 2

In the international, commercial and financial legal order as a newly emerging order, one may expect here an attitude to ... of comparative law research in a forward-moving manner: see further the discussion in Vol 1, ch 1, s 1.4.7.

Dalhuisen on Transnational Comparative  Commercial  Financial and Trade Law Volume 2

This is the seventh edition of the leading work on transnational and comparative commercial, financial, and trade law, covering a wide range of complex topics in the modern law of international commerce, finance and trade. As a guide for students and practitioners it has proven to be unrivalled. The work is divided into three volumes, each of which can be used independently or as part of the complete work. Volume 2 deals with the transnationalisation of contract; movable and intangible property law; and the transformation of the models of contract and movable property in commercial and financial transactions between professionals in the international flow of goods, services, money, information, and technology. In this transnational legal order, the emphasis in the new law merchant or modern lex mercatoria of contract and movable property turns to risk management, asset liquidity, and transactional and payment finality. Common law and civil law concepts are compared and future directions indicated. The potential, effects, and challenges of the blockchain are noted, so far especially for the carriage of goods by sea. All three volumes may be purchased separately or as part of a single set.

Dalhuisen on Transnational Comparative Commercial Financial and Trade Law Volume 3

Financial Products, Financial Services and Financial Regulation Jan H Dalhuisen ... This was also identified as a special feature of modern transnational professional law— see Volume 1, chapter 1, section 1.1.6 and Volume 2, chapter 2, ...

Dalhuisen on Transnational Comparative  Commercial  Financial and Trade Law Volume 3

This is the seventh edition of the leading work on transnational and comparative commercial, financial, and trade law, covering a wide range of complex topics in the modern law of international commerce and finance. As a guide for students and practitioners it has proven to be unrivalled. The work is divided into three volumes, each of which can be used independently or as part of the complete work. Volume 3 deals with financial products and financial services; the structure and operation of banking and of the capital markets; the role of modern commercial and investment banks; and financial risk, stability and regulation, including the fallout from the 2008 financial crisis and the subsequent regulatory responses in the US and Europe. In sections on products and services, the blockchain and its potential are noted in the payment system, in the custodial holdings of investment securities, and in the derivative markets. A section on regulation critically reviews the need for macro-prudential supervision and an independent macro-prudential supervisor, the role of resolution authorities, the operation of the shadow banking system, and the extraterritorial reach and international recognition of financial regulation. All three volumes may be purchased separately or as part of a single set.

Transnational Commercial Law

9 Jan H. Dalhuisen, Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law, Volume 1: Introduction – the New Lex Mercatoria and Its Sources (5th edn, Hart 2013) 220 et seq. He emphasises the importance of 'flows in ...

Transnational Commercial Law

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. This is an emerging field of research, teaching and practical interest in international trade and commercial law, requiring reference to multiple areas of law, including both private and public international law, the law of specific commercial transactions and arbitration. For the first time Transnational Commercial Law combines all these relevant issues in one book, and provides a basis for further study as well as detailed, cutting edge academic analyses. It provides a compact yet accessible guide to the most important cornerstones of this evolving legal discipline. Transnational Commercial Law is aimed primarily for use on LLM courses and master's programmes in commercial law. Students are presented with the actual contractual rules in the wider context of the general legal framework, and situates it within the theoretical debate, providing a truly international perspective on transnational commercial law in a globalised world.

The Oxford Handbook of Transnational Law

J.H. Dalhuisen, Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law, Volume 1: The Transnationalisation of Commercial and Financial Law and of Commercial, Financial and Investment Dispute Resolution.

The Oxford Handbook of Transnational Law

The Oxford Handbook of Transnational Law offers a unique and unparalleled treatment and presentation in the field of Transnational Law that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, and practice today. This in itself constitutes an ambitious editorial project, not only within law and legal doctrine, but also with regard to an increasing interest in an interdisciplinary engagement of law with social sciences - including sociology, anthropology, political science, geography, and political theory. Closely tied into the substantive transformation that many legal fields are undergoing is the observation that many of these developments are driven by changes in an increasingly global legal practice today. The concept then, of 'transnational law' aims at capturing the distinctly border- crossing nature even of those legal fields which had for the longest been time been seen as having merely 'domestic' relevance. This shift also requires a conscious effort among law school classroom instructors, casebook authors, and curriculum reformers to adapt their teaching content to these circumstances. As the authors of this Handbook make clear, this adaptation requires a close dialogue between a scholarly investigation into the transnational 'concept of law' and the challenges faced by practicing lawyers, be that as solicitor, in-house counsel, as judges, or as bureaucrats in a globalized regulatory and socio-economic environment. While the main thrust is on the transnationalization of legal doctrine and legal theory, with a considerable contribution from and engagement with social sciences, the Handbook features numerous reflections on the relationship between transnational law and legal practice.

Beyond Territoriality

The lex mercatoria of transnational commercial law, arbitration tribunals and privatised conflict resolution, has been both the ... pp 597–617; Jan Dalhuisen, Dalhuisen on Transnational, Comparative, Commercial, Financial and Trade Law.

Beyond Territoriality

This book traces the evolution of transnational legal authority in the course of globalization. Representative case studies buttress its conclusion that today transnational authority is multifaceted, a phenomenon that renders unreliable the concepts of territoriality/extraterritoriality as global governance markers.

Research Handbook on the Law of Treaties

60 JH Dalhuisen, Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law (Volume 1, 5th edn, Hart, 2013) chp 3.25. 61 E Gaillard, 'Transnational Law: A Legal System or a Method of Decision Making?

Research Handbook on the Law of Treaties

Offering a unique conceptual approach to the Law of Treaties this insightful Research Handbook not only sets out the foundational issues, but identifies tensions within the field, including formalism vs flexibility, integrity vs flexibility, and unifor

Law in Transition

53J Dalhuisen, Dalhuisen on Transnational, Comparative, Commercial, Financial and Trade Law. Volume 1: Introduction—The New Lex Mercatoria and its Sources (Oxford,Hart Publishing, 2010); E Gaillard, Legal Theory of International (Leiden ...

Law in Transition

Law has become the vehicle by which countries in the 'developing world', including post-conflict states or states undergoing constitutional transformation, must steer the course of social and economic, legal and political change. Legal mechanisms, in particular, the instruments as well as concepts of human rights, play an increasingly central role in the discourses and practices of both development and transitional justice. These developments can be seen as part of a tendency towards convergence within the wider set of discourses and practices in global governance. While this process of convergence of formerly distinct normative and conceptual fields of theory and practice has been both celebrated and critiqued at the level of theory, the present collection provides, through a series of studies drawn from a variety of contexts in which human rights advocacy and transitional justice initiatives are colliding with development projects, programmes and objectives, a more nuanced and critical account of contemporary developments. The book includes essays by many of the leading experts writing at the intersection of development, rights and transitional justice studies. Notwithstanding the theoretical and practical challenges presented by the complex interaction of these fields, the premise of the book is that it is only through engagement and dialogue among hitherto distinct fields of scholarship and practice that a better understanding of the institutional and normative issues arising in contemporary law and development and transitional justice contexts will be possible. The book is designed for research and teaching at both undergraduate and graduate levels. ENDORSEMENTS An extraordinary collection of essays that illuminate the nature of law in today's fragmented and uneven globalized world, by situating the stakes of law in the intersection between the fields of human rights, development and transitional justice. Unusual for its breadth and the quality of scholarly contributions from many who are top scholars in their fields, this volume is one of the first that attempts to weave the three specialized fields, and succeeds brilliantly. For anyone working in the fields of development studies, human rights or transitional justice, this volume is a wake-up call to abandon their preconceived ideas and frames and aim for a conceptual and programmatic restart. Professor Balakrishnan Rajagopal, Ford International Associate Professor of Law and Development, Massachusetts Institute of Technology This superb collection of essays explores the challenges, possibilities, and limits faced by scholars and practitioners seeking to imagine forms of law that can respond to social transformation. Drawing together cutting-edge work across the three dynamic fields of law and development, transitional justice, and international human rights law, this volume powerfully demonstrates that in light of the changes demanded of legal research, education, and practice in a globalizing world, all law is "law in transition". Anne Orford, Michael D Kirby Chair of International Law and Australian Research Council Future Fellow, University of Melbourne A terrific volume. Leading scholars of human rights, development policy, and transitional justice look back and into the future. What has worked? Where have these projects gone astray or conflicted with one another? Law will only contribute forcefully to justice, development and peaceful, sustainable change if the lessons learned here give rise to a new practical wisdom. We all hope law can do better – the essays collected here begin to show us how. David Kennedy, Manley O Hudson Professor of Law, Director, Institute for Global Law and Policy, Harvard Law School

Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea

Dalhuisen J, Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law, Vol 1 (6th edn, Bloomsbury 2016). Davis CM, Maritime Law Deskbook (Compass Publishing Company 1997). Derrington SC and JM Turner, The Law and ...

Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea

Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea focuses on party autonomy and its limitations in relation to jurisdiction and arbitration clauses included in contracts for the carriage of goods by sea in case of any cargo dispute. The author takes the perspective of the shipping companies and the shipowners, as these are the driving forces of the shipping industry due to their strategic importance. The book provides an analysis of the existing law on the recognition and validity of jurisdiction and arbitration clauses in the contracts for the carriage of goods by sea. The author also seeks to provide conclusions and to learn lessons for the future of the non-recognition and the non-enforcement of the clauses in the existing fragmented legal framework at an international, European Union, and national level (England & Wales and Spain). The interface between the different legal regimes reveals the lack of international harmonisation and the existence of ‘forum shopping’ when a cargo interest sues the shipowner or the party to whom the shipowner charters the vessel. This concise book provides a useful overview of existing research, for students, scholars and shipping lawyers

Title and Title Conflicts in respect of Intermediated Securities under English Law

29 B Lurger, 'Assignment' in JM Smits (ed) Elgar Encyclopedia of Comparative Law (Edward Elgar, Chelteham 2006); J Dalhuisen, Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 2: Contract and Movable ...

Title and Title Conflicts in respect of Intermediated Securities under English Law

This book examines property issues in respect of intermediated securities under English law, namely title and title conflicts between a true owner and a purchaser. Intangible book entry securities held with an intermediary, often commingled with the holdings of other clients of the intermediary, often give rise to uncertainty in property rights in the securities of an investor under most legal systems, for example, whether property rights can be established and how title conflicts are dealt with. This book identifies the flexible framework of English property law for establishing property rights over commingled intangibles, in particular through trusts; establishes the policy of priority rules as of comparing the merits of rights and preferring a vested right of a true owner over a subsequent purchaser, particularly a vested right under fiduciary relations. The book works towards the conclusion that, given the general principle of English property law for vested rights, title conflicts may be tilted towards purchasers in a mild rather than a radical way, by introducing a good faith purchaser rule to intermediated securities or leaving it to judicial discretion where an estoppel might work in favour of a purchaser. This book is suitable for lawyers, officials and academics in the field of intermediated securities, as well as trust, property and financial regulation.

Dalhuisen on Transnational and Comparative Commercial Financial and Trade Law

Jan H Dalhuisen. regulation was allowed to impinge ... There is one currency and one price . Naturally all regulatory and ... 19 Although participants 1252 Dalhuisen on Transnational and Comparative Commercial , Financial and Trade Law ...

Dalhuisen on Transnational and Comparative Commercial  Financial and Trade Law

This edition grapples with the dynamic and complex fields of law that make up the modern law of international commerce, finance and trade.