Non-state rules in international commercial law : contracts, legal authority, and application / Johanna Hoekstra.

Format:

Book

Author/Creator:

Hoekstra, Johanna, author.

Series:

Routledge research in international commercial law.

Routledge Research in International Commercial Law

Language:

English

Subjects (All):

Commercial law.

Export sales contracts.

Conflict of laws--Commercial law.

Conflict of laws.

Physical Description:

1 online resource (257 pages).

Edition:

1st ed.

Place of Publication:

London ; New York, New York : Routledge, [2021]

Summary:

"Through further technological development and increased globalization, conducting business abroad has become easier, especially for Small and Medium Enterprises (SME). However, the legal issues associated with international commerce have not lessened in complexity, including the role of non-state rules. The book provides a comprehensive analysis of non-state rules in international commercial contracts. Non-state rules have legal authority in the national and international sphere, but the key question is how this legal authority can be understood and established. To answer this question this book examines first what non-state rules are and how their legal authority can be measured, it then analyses how non-state rules are applied in different scenarios, including as the applicable law, as a source of law, or to interpret either the law or the contract. Throughout this analysis three other important questions are also answered: when can non-state rules be applied? when are they applied? and how are they applied? The book concludes with a framework and classification that leads to a deeper understanding of the legal authority of non-state rules. Providing a transnational perspective on this important topic, this book will appeal to anyone researching international commercial law. It will also be a valuable resource for arbitrators and anyone working in international commercial litigation"-- Provided by publisher.

Contents:

Introduction : non-state rules in international commercial contracts

Defining non-state rules

The place of non-state rules in international commercial law

The roles of non-state rules in the contractual relationship

Party autonomy in international commercial contracts

Non-state rules and private international law

Non-state rules and arbitration

Applying non-state rules as a source of domestic law

The application of non-state rules to interpret the law

The application of codified non-state rules as lex mercatoria

Ascertaining the legal authority of non-state rules.

Notes:

Description based on print version record.

ISBN:

0-367-22084-9

1-000-36251-5

9780367220846

OCLC:

1200037213