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 classification index code 298. International Commercial Law: General Works 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

New titles


1. An Assessment of Malaysia's Compliance with the Current and Future International Standards of Criminal Enforcement Measures to Protect against Copyright Piracy on a Commercial Scale
An Assessment of Malaysia's Compliance with the Current and Future International Standards of Criminal Enforcement Measures to Protect against Copyright Piracy on a Commercial Scale / Ainee Adam In: Journal of Malaysian and comparative law = Jurnal undang-undang = ISSN 0126-6322: vol. 43, issue 1, page 35-52. - 2016
Keywords: Malaysia, TRIPS Agreement (Marrakesh, 15 April 1994), Copyright infringement, Copyright law, Criminal enforcement, International law and national law,

2. Third-party liability for flawed class certificates: an analysis of the viability of the credit rating agencies' freedom of speech defence for classification societies
Third-party liability for flawed class certificates: an analysis of the viability of the credit rating agencies' freedom of speech defence for classification societies / Jan De Bruyne, Cedric Vanleenhove In: The Journal of International Maritime Law = ISSN 1478-8586: vol. 22, issue 4 (jul-aug), page 304-322. - 2016
Keywords: Shipowners, Carriage of goods by sea, Marine insurance, Certification, Safety of life at sea, Freedom of expression, European Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 4 November 1950), International maritime law,

3. Die Reform des Transport- und Seehandelsrechts in Japan und Deutschland aus rechtsvergleichender Perspektive
Die Reform des Transport- und Seehandelsrechts in Japan und Deutschland aus rechtsvergleichender Perspektive / Fukutate Hall In: Zeitschrift für japanisches Recht = ISSN 1431-5726: vol. 21, issue 41, page 267-273. - 2016
Keywords: Germany, Japan, Carriage of goods by sea, Reform, Comparative law,

4. Conference on the Law of the Sea and Maritime Security
Conference on the Law of the Sea and Maritime Security : Japanese-German Center Berlin, 26 February 2016 / Sous la direction de Victor Ventura In: Zeitschrift für japanisches Recht = ISSN 1431-5726: vol. 21, issue 41, page 274-288. - 2016
Keywords: Law of the sea, Maritime security, Conferences,

Librarian's choice

  • 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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  • Tripodi, L., Towards a New CISG: The Prospective Convention on the International Sale of Goods and Services, Leiden, Boston, Brill Nijhoff, 2016.

    Tripodi, L., Towards a New CISG: The Prospective Convention on the International Sale of Goods and Services, Leiden, Boston, Brill Nijhoff, 2016.
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  • Schaffstein, S., Doctrine of "Res Judicata" before International Commercial Arbitral Tribunals, Oxford, Oxford University Press, 2016.

    Schaffstein, S., Doctrine of "Res Judicata" before International Commercial Arbitral Tribunals, Oxford, Oxford University Press, 2016.

    Today, international commercial disputes regularly involve multiple parties, contracts, and issues. As a result, the number of disputes that are tried in two or more different forums has increased, giving rise to difficult issues regarding the conclusive and preclusive effects of prior judgments or awards. As a result, the doctrine of res judicata , which requires that a final decision by a court or arbitral tribunal be conclusive and that it should not be re-litigated, is of increasing significance. Dr Silja Schaffstein provides the first practical and comprehensive guidelines for matters of res judicata for international commercial arbitration practitioners. The work sets out the transnational principles in the form of guidelines for international arbitrators.

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  • Bobek, M. and J. Prassl (eds.), Air Passenger Rights: Ten Years On, Oxford and Portland, Oregon, Hart Publishing, 2016.

    Regulation 261/2004 on Air Passengers’ Rights has been amongst the most high-profile pieces of EU secondary legislation of the past years, generating controversial CJEU judgments, from ex parte IATA to Sturgeon. The Regulation has led to equally challenging decisions across the Member States, with domestic courts holding that a Regulation could not be relied upon by an individual claimant or even threatening outright to refuse an application of its provisions. The economic stakes are significant for passengers and airlines alike, and despite the European Commission’s recent publication of reform proposals controversies appear far from settled. At the same time the Regulation should, according to the Treaty, have the same direct and general application in all the Member States of the Union. How, then, can this diversity be explained? What implications do they have for the EU’s regulatory strategy at large? This book brings together leading experts in the field to present a series of case studies from 10 different Member States as well as the extra-territorial application of Regulation 261 combined with high-level analysis from the perspectives of Aviation law and EU law.

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  • Berlingieri, F., International Maritime Conventions: Volume I: The Carriage of Goods and Passengers by Sea, Abingdon, Informa Law from Routledge, 2014.

    For the first time, this unique text brings together all private international maritime law conventions alongside expert commentary and analysis. Truly global in approach, the book covers each of the nineteen conventions currently in force, all scrutinised by this internationally-acclaimed author. It also examines important maritime conventions not yet in force, including the topical Rotterdam Rules. Split into three convenient volumes, this comprehensive resource provides a thorough treatment of both wet and dry shipping treaties, combining breadth of coverage with depth of analysis. In this first volume, the author covers conventions dealing with the Carriage of Goods and Passengers by Sea, in particular: - International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1924 and its Protocol of 1968 and 1979 (Hague-Visby Rules) - United Nations Convention on the Carriage of Goods by Sea, 1978 (Hamburg Rules) - United Nations Convention on the International Carriage of Goods wholly or Partly by Sea, 2008 (Rotterdam Rules) - Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 as amended by its Protocol of 2002 (Athens Convention). This book is an indispensable reference for maritime lawyers, academics and students of maritime law worldwide.

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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