International Commercial Law

Introduction

International Commercial Law - Research Guide International Law

International commercial law is a body of applicable rules, principles and customary practices that govern cross-border commercial activities of private parties. As such, international commercial law is part of private international law, while its international trade law counterpart, governing the trade relations between States, is part of international economic law, which is a branch of public international law. As rules, principles and customary practices applicable to cross-border transactions differ among cultures, there is a strong tendency for harmonization and unification of these.

This Research Guide is intended as a starting point for research on International Commercial Law. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library's systematic classification → Public international law and subject heading (keyword) International Commercial Law are instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

Bibliography

Reference works

Books

Leading articles

Documents

Periodicals, serial publications

Systematic classification → Public international law

New titles


1. The U.S.-China Incidents at Sea Agreement: A Recipe for Disaster
The U.S.-China Incidents at Sea Agreement: A Recipe for Disaster / Pete Pedrozo In: Journal of National Security Law and Policy = ISSN 1553-3158: vol. 6, issue 1, page 207-226. - 2012
Keywords: China, United States of America, Exclusive economic zone, Incidents, Collisions, Convention on the International Regulations for Preventing Collisions at Sea (London, 20 October 1972), International maritime law,

Librarian's choice

  • Rogers, A., Chuah, J. and Dockray, M., Cases and Materials on the Carriage of Goods by Sea (4th ed.), London, Routledge, 2016.

    Rogers, A., Chuah, J. and Dockray, M., Cases and Materials on the Carriage of Goods by Sea (4th ed.), London, Routledge, 2016.

    Combining a collection of legislative materials, commentaries, scholarly articles, standard forms and up-to-date English case law, this book covers the major areas of chartering and bills of lading as well as matters such as exclusion and limitation of liability. Significant innovations for this edition include: Materials on the Rotterdam and Hamburg Rules, and expanded discussion of the Hague Visby Rules and Charterparties Discussion of some of the most important decisions by the senior courts. Pedagogical features such as end of chapter further reading. Emphasis on how shipping law operates and is applied in the real world.

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  • Ferrari, F. and Gillette, C.P. (eds.), International Sales Law, Cheltenham, Edward Elgar Publishing, 2017.

    Ferrari, F. and Gillette, C.P. (eds.), International Sales Law, Cheltenham, Edward Elgar Publishing, 2017.

    This authoritative collection presents carefully selected scholarly articles that describe and examine the principles of international sales law, as set forth in the United Nations Convention on Contracts for the International Sale of Goods (CISG). These seminal pieces reflect various viewpoints of authors from different countries and legal systems, and offer a range of distinct methodological approaches to legal analysis. Together with an original introduction by the editors, these volumes provide the reader with both an international and an interdisciplinary perspective on the CISG and its application.

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  • Gillette, C.P. and Walt, S.D., The UN Convention on Contracts for the International Sale of Goods: Theory and Practice, New York, Cambridge University Press, 2016.

    Gillette, C.P. and Walt, S.D., The UN Convention on Contracts for the International Sale of Goods: Theory and Practice, New York, Cambridge University Press, 2016.

    Updated and expanded for the second edition, this volume provides attorneys, academics and students with a detailed yet accessible overview of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Adopted by more than eighty nations and governing a significant portion of international sales, the CISG regulates contract formation, performance, risk of loss, conformity to contractual requirements and remedies for breach. This volume explains the CISG doctrines and their ambiguities, and appraises the extent to which the doctrines reduce transaction costs for commercial actors. Its topic-based approach will be ideal for those pursuing academic analysis or subject-specific research.

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  • Toth, O., Lex Mercatoria in Theory and Practice, Oxford, Oxford University Press, 2017.

    Toth, O., Lex Mercatoria in Theory and Practice, Oxford, Oxford University Press, 2017.

    The book offers a theoretically justified and pragmatic concept of the so-called 'lex mercatoria' contributing to the debate concerning the existence of this law as an autonomous, a-national and universal legal system established by trade practice. It argues that a rule of the lex mercatoria is established if there is a majority congruent behaviour within a business community followed out of fear of criticism and a willingness to criticize others in case of deviation. This two-element test increases legal certainty and potentially reduces the time and costs of proving the rule. Case studies are included to illustrate the practical implications of the analysis and more difficult issues such as burden of proof, admissible evidence and the role of written harmonization measures are also considered. The approach adopted in the book reduces the elusiveness of the concept and offers an analysis which makes the lex mercatoria clearer for scholars and more attractive for practitioners.

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Database

Blogs

  • ‘Trade Talks’

    On Thursday November 5th the Peace Palace Library, in cooperation with the Netherlands Society of International Affairs / Club Clingendael, organized ‘Trade Talks’. About 120 people attended the evening, hearing lectures and participating in discussions on international trade and the present negotiations of the Transatlantic Trade and Investment Partnership (TTIP) agreement between the European Union (EU) and the United States of America (USA).

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See also

More Research guides on Private International Law

PPL keywords

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