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Research Handbook on International Commercial Contracts

Hardback

Research Handbook on International Commercial Contracts

9781788971058 Edward Elgar Publishing
Edited by Andrew Hutchison, Associate Professor, Department of Commercial Law, University of Cape Town and Franziska Myburgh, Senior Lecturer, Department of Private Law, University of Stellenbosch, South Africa
Publication Date: December 2020 ISBN: 978 1 78897 105 8 Extent: c 512 pp
This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.

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This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria. It highlights constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law.

International scholars, from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency, against the backdrop of key legal regimes commonly chosen in international agreements. These include: the UN CISG, Unidroit PICC, European DCFR and English law. The Research Handbook examines key general principles in commercial contract law, such as interpretation, good faith, remedies for breach, and choice of law clauses from an international perspective. It also engages with various emerging aspects of internet contracting, including smart contracts.

Scholars and researchers working in the field of contract law, and international commercial contracts more specifically, will find this Research Handbook to be an indispensable guide. Practitioners seeking clear guidance will also benefit from its detailed coverage of specific research questions.
Critical Acclaim
‘This is a much needed book, which brings together scholars from around the world in a collection of essays which contemplate international contracts more broadly. The world needs more research like this, in an age where international approaches cross regional borders and jurisdictions. The contributions are well set out, and allow the reader to see a more pragmatic picture of international commercial contracts. I particularly enjoyed the editors’ own chapter on Party Autonomy and will be recommending this to my students of international commercial law.’
– Camilla Baasch Andersen, The University of Western Australia

‘This fine assembly of chapters, predominantly by South African scholars but also including work from scholars in the Netherlands, the UK and the US, is devoted to a study of contract and commercial law on the international plane. The 17 contributions cover a wide range, both in time and in topic, and bring new insights into current and emerging commercial law issues, as well as alerting the reader to sources of which he or she may have been unaware. I warmly commend this new work.’
– Roy Goode, University of Oxford, UK

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 78897 106 5
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