New Developments In International Commercial And Consumer Law

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New Developments in International Commercial and Consumer Law

Author : International Academy of Commercial and Consumer Law. Conference
Publisher : Hart Publishing
Page : 530 pages
File Size : 48,9 Mb
Release : 1998-03-19
Category : Law
ISBN : 9781901362077

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New Developments in International Commercial and Consumer Law by International Academy of Commercial and Consumer Law. Conference Pdf

Consulting Editor: Shalom Lerner. This volume contains the text of the papers and principal commentaries delivered at the 8th Biennial Conference of the IACCL held at Bar Ilan University in August 1996. The papers include original and practical papers on banking law, secured financing, securities regulation, the international sale of goods, competition law, electronic fund transfers, transnational commercial law, commercial law in Central and Eastern Europe, international demand guarantees, the UNIDROIT principles of international commercial law, company charges, consumer bankruptcies, European consumer rights, products liability, and international commercial arbitration. Contributors: James E. Byrne, R.C.C. Cuming, S.K. Date-Bah, Louis F. del Duca and Patrick del Duca, Anthony J. Duggan, Raúl Etcheverry, Benjamin Geva, Roy Goode, Laureano F. Gutiérrez-Falla, Attila Harmathy, Rafael Illescas-Ortiz, Donald B. King, Shalom Lerner, Ricardo Sandoval Lopez, Patrick Osode, Uriel Procaccia, Arcelia Quintana-Adriano, Jerzy Rajski, Arie Reich, Norbert Reich, Harry C. Sigman, Catherine Walsh, Jacob S. Ziegel.

Transnational Commercial and Consumer Law

Author : Toshiyuki Kono,Mary Hiscock,Arie Reich
Publisher : Springer
Page : 225 pages
File Size : 47,8 Mb
Release : 2018-08-27
Category : Law
ISBN : 9789811310805

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Transnational Commercial and Consumer Law by Toshiyuki Kono,Mary Hiscock,Arie Reich Pdf

This book explores current developments in transnational commercial and consumer law. It features essays written by leading experts, many of who have taken part in the negotiation and formulation of the international instruments they discuss here. The contributors look at issues arising from the profound changes that globalization is having on the legal norms governing commercial and consumer transactions, both domestic and transnational. They consider how relations between private actors, state regulators, and national courts are being completely reconfigured. This, in turn, generates pressures for legal harmonization and creates opportunities for new national and transnational legal norms and procedures to develop. The contributions address both the dynamics and the substance of these developments. Topics included are the UNCITRAL Model Law on secured transactions and on cross-border insolvency, the ICC Uniform Customs and Practices of Documentary Credits (UCP 600), and the dispute resolution mechanism and practices of the World Trade Organization. The content was formerly presented as papers at the 18th Biennial Meeting of the International Academy of Commercial and Consumer Law (the International Academy) at Kyushu University, Japan. Overall, this book provides readers with a solid theoretical foundation and strong familiarity with the practice of law and international commerce, offering realistic and practical conclusions.

Internationalization of Consumer Law

Author : Mateja Durovic,Hans W. Micklitz
Publisher : Springer
Page : 89 pages
File Size : 51,9 Mb
Release : 2016-11-11
Category : Political Science
ISBN : 9783319453125

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Internationalization of Consumer Law by Mateja Durovic,Hans W. Micklitz Pdf

This book examines the institutions that are producing consumer law at the international level, the substantive issues enshrined in these laws, and the enforcement mechanisms meant to ensure effective protection. The majority of existing research is devoted to the comparative perspective, between countries or between the US and the EU. This book investigates the forceful activities of international and regional organizations, and shifts the focus of research to the internationalization of consumer law, which is largely neglected in particular in the Western-centered political and legal debate. Much of what constitutes consumer law today is focused on banking and finance, and more broadly the financialization and digitalization of the global economy, and society has created a shift in international consumer law production. This book investigates the role that international organizations have on the creation and enforcement of consumer law, and will be of interest to consumer lawyers, practitioners, and officials in organizations such as the United Nations, European Union, and World Bank.

Consumer Law and Socioeconomic Development

Author : Claudia Lima Marques,Dan Wei
Publisher : Springer
Page : 472 pages
File Size : 50,5 Mb
Release : 2017-07-14
Category : Law
ISBN : 9783319556246

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Consumer Law and Socioeconomic Development by Claudia Lima Marques,Dan Wei Pdf

This book reflects the research output of the Committee on the International Protection of Consumers of the International Law Association (ILA). The Committee was created in 2008, with a mandate to study the role of public and private law to protect consumers, review UN Guidelines, and to model laws, international treaties and national legislations concerning protection and consumer redress. It has been accepted to act as an observer not only when the UNCTAD was updating its guidelines, but also at the Hague Conference on Private International Law. The book includes the contributions of various Committee members in the past few years and is a result of the cooperation between the Committee members and experts from Australia, Brazil, Canada and China. It is divided into three parts: the first part addresses trends and challenges in international protection of consumers, while the second part focuses on financial crises and consumer protection and the third part examines national and regional consumer law issues.

Non-State Rules in International Commercial Law

Author : Johanna Hoekstra
Publisher : Routledge
Page : 230 pages
File Size : 41,5 Mb
Release : 2021-03-15
Category : Law
ISBN : 9781000362633

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Non-State Rules in International Commercial Law by Johanna Hoekstra Pdf

Through further technological development and increased globalization, conducting busines 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.

Handbook of Research on International Consumer Law

Author : Geraint G. Howells,I. Ramsay,Thomas Wilhelmsson
Publisher : Edward Elgar Publishing
Page : 603 pages
File Size : 50,7 Mb
Release : 2010
Category : Law
ISBN : 9781849806312

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Handbook of Research on International Consumer Law by Geraint G. Howells,I. Ramsay,Thomas Wilhelmsson Pdf

This is a truly international effort, and one with a strong commitment to human rights by the highly reputable authors coming from different jurisdictions! The many facets of today s consumer law are presented to the reader, including developing countries a fascinating effort in a dynamically emerging field of law! We are comprehensively informed about such bread and butter areas as advertising, unfair terms, consumer guarantees, product safety and liability, consumer credit, and redress. But traditional consumer law concepts and remedies are facing challenges in more complex areas, like services of general internet where consumers and private users should enjoy equal access to universal services , with the internet where speed must not be a pretext to eliminate standards of fair dealing, with risky investment services under the problematic paradigm shift from investor protection to investor confidence . A book to read, to think about, to work with for everybody interested in the future of consumer markets and law in a time of economic crisis! Norbert Reich, University of Bremen, Germany This is a richly interesting collection of essays, written by leading names in the field. It offers a thoroughly reliable survey of key tensions and challenges in modern consumer law and brilliantly combines thematic overview with detailed analysis. It will stimulate comparative thinking, it will provide a source of information and it will be welcomed by consumer law scholars all over the world. Stephen Weatherill, University of Oxford, UK Consumer law and policy has emerged in the last half-century as a major policy concern for all nations. This Handbook of original contributions provides an international and comparative analysis of central issues in consumer law and policy in developed and developing economies. The Handbook encompasses questions of both social policy and effective business regulation. Many of the issues are common to all countries and are becoming increasingly globalised due to the growth in international trade and technological developments such as the Internet. The authors provide a broad coverage of both substantive topics and institutional questions concerning optimal approaches to enforcement and the role of class actions in consumer policy. It also includes comparative insights into the influential EU and US models of consumer law and relates consumer law to contemporary trends in human rights law. Written by a carefully selected group of international experts, this text represents an authoritative resource for understanding contemporary and future developments in consumer law. This Handbook will provide students, researchers and policymakers with an insight to the main policy debates in each context and provide models of legal regulation to assist in the evaluation of laws and the development of consumer law and policy.

Commercial and Consumer Law

Author : International Academy of Commercial and Consumer Law. Conference
Publisher : Unknown
Page : 456 pages
File Size : 46,9 Mb
Release : 1993
Category : Law
ISBN : UOM:35128001424520

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Commercial and Consumer Law by International Academy of Commercial and Consumer Law. Conference Pdf

This collection of essays forms the nucleus of proceedings at the Fifth Biennial Meeting of the International Academy of Commercial and Consumer Law. Wide-ranging in its coverage, this work discusses harmonization; unification; changing law; law, economics, and society; transformation to a market economy; and product liability and consumer protection.

Innovation and the Transformation of Consumer Law

Author : Dan Wei,James P. Nehf,Claudia Lima Marques
Publisher : Springer
Page : 466 pages
File Size : 54,7 Mb
Release : 2020-11-28
Category : Law
ISBN : 981158947X

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Innovation and the Transformation of Consumer Law by Dan Wei,James P. Nehf,Claudia Lima Marques Pdf

This book covers technologies that pose new challenges for consumer policy, creative developments that can help protect consumers’ economic interests, innovative approaches to addressing perennial consumer concerns, and the challenges entailed by emerging ways of creating and delivering consumer products and services. In addition, it reflects on past successes and failures of consumer law and policy, explores opportunities for moving consumer law in a different direction, and discusses potential threats to consumer welfare, especially in connection with the changing political landscape in many parts of the world. Several chapters examine consumer law in individual countries, while others have an international focus.

International Business Law

Author : Mark Fenwick,Stefan Wrbka
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 48,6 Mb
Release : 2018-07-12
Category : Law
ISBN : 9781509918065

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International Business Law by Mark Fenwick,Stefan Wrbka Pdf

This book provides an accessible introduction to selected new issues in transnational law, and connects them to existing theoretical debates on transnational business regulation. More specifically, (i) it introduces the argument about the evolving character of contemporary international business regulation; (ii) it provides an overview of some of the main fields of law that are currently important for firms that operate across borders; and (iii) it sets out an interpretive framework for making sense of disparate developments occurring across a number of jurisdictions, among which are the form of regulation and style of enforcement, issues of legal certainty, and behavioural aspects of regulation. The selected topics are indicative of some key issues confronting businesses looking to operate across national borders, as well as policy makers seeking to introduce and enforce meaningful regulatory standards in an increasingly global society. Topics include: consumer law; product liability; warranty law and obsolescence; collective redress; alternative dispute resolution; corporate wrongdoing; corporate governance; and e-commerce. This timely work offers a novel perspective on transnational business law and examines a range of legal issues that preoccupy companies operating transnationally. This book is intended not only for law students looking for an introduction, overview or commentary on the contemporary state of international business law, but also for anyone looking for an introduction to the regulation of business in a global, inter-connected economy.

Information Obligations and Disinformation of Consumers

Author : Gert Straetmans
Publisher : Springer Nature
Page : 565 pages
File Size : 41,6 Mb
Release : 2019-09-05
Category : Law
ISBN : 9783030180546

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Information Obligations and Disinformation of Consumers by Gert Straetmans Pdf

This book focuses on recent developments in consumer law, specifically addressing mandatory disclosures and the topical problem of information overload. It provides a comparative analysis based on national reports from countries with common law and civil law traditions in Asia, America and Europe, and presents the reports in the form of chapters that have been drafted on the basis of a questionnaire, and which use the same structure as the questionnaire to allow them to be easily compared. The book starts with an analysis of the basic assumptions underlying the current consumer protection models and examines whether and how consumer models adapt to the new market conditions. The second part addresses the information obligations themselves, first highlighting the differences in the reported countries before narrowing the analysis down to countries with a general pre-contractual information duty, particularly the transparency requirements that often come with such a duty. The next part examines recent developments in the law on food labelling, commercial practices and unfair contract terms in order to identify whether similar traits can be found in European and non-European jurisdictions. The fourth part of the book focuses on specific information obligations in the financial services and e-commerce sectors, discussing the fact that legislators are experimenting with different forms of summary disclosures in these sectors. The final part provides a critical appraisal of the recent developments in consumer information obligations, addressing the question of whether the multiple criticisms from behavioural sciences necessitate abandonment or refinement of current consumer information models in favour of new, more adequate forms of consumer protection, and providing suggestions.

Digital Media & Intellectual Property

Author : Nicola Lucchi
Publisher : Springer Science & Business Media
Page : 180 pages
File Size : 55,9 Mb
Release : 2006-09-27
Category : Law
ISBN : 9783540365433

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Digital Media & Intellectual Property by Nicola Lucchi Pdf

The book provides a comparative and comprehensive analysis of the current technical, commercial and economical development in digital media describing the impact of new business and distribution models, the current legal and regulatory framework, social practices and consumer expectations associated with the use, distribution, and control of digital media products. In particular the author analyze the anti-circumvention provisions for technological protection measures and digital rights management systems enacted in the United States and in Europe.

Unification and Harmonization of International Commercial Law

Author : Morten Fogt
Publisher : Kluwer Law International B.V.
Page : 304 pages
File Size : 52,5 Mb
Release : 2012-07-18
Category : Law
ISBN : 9789041140753

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Unification and Harmonization of International Commercial Law by Morten Fogt Pdf

In theory, the numerous existing formal instruments designed to unify or harmonize international commercial law should achieve the implied (and desired) end result: resolution of the legal uncertainty and lack of predictability in the legal position of traders. However, it is well known that they fall far short of such an outcome. This innovative book (based on a conference held at the University of Aarhus in October 2009) offers deeply considered, authoritative responses to important practical questions that have still not been answered comprehensively, and that need to be answered for the efficient conduct of international commerce and for the future development of international commercial law. These questions include: ; Can clearly preferred methods of unification and harmonization be identified? What are the benefits of achieving unification and harmonization by means of party autonomy and contract practice? Is it necessary first to harmonize some aspects of private international law? Which aspects of unification and harmonization should be formal, and which can remain informal? How should formal and informal measures interact? What conflicts are likely to arise, and what resolutions are available? Should tensions be seen as inevitable, positive, and necessary? Which of several international instruments are applicable, and what order of priority should apply? Sixteen different nationalities are represented, allowing for fruitful discussion across all major legal systems. Prominent scholars and experienced practitioners offer deeply informed insights into how to navigate the complex field of international commercial law with its multiplicity of instruments, and how to resolve or neutralize the possible defects of various different means of unification and harmonization of international commercial law. These insights and proposals are sure to be welcomed by interested academics, practitioners, judges, arbitrators, and businessmen throughout the world at global, regional, and local levels.

Australian Commercial Law

Author : Dilan Thampapillai,Claudio Bozzi,Mark Giancaspro,George Yijun Tian
Publisher : Cambridge University Press
Page : 617 pages
File Size : 46,5 Mb
Release : 2020-06-24
Category : Law
ISBN : 9781108728492

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Australian Commercial Law by Dilan Thampapillai,Claudio Bozzi,Mark Giancaspro,George Yijun Tian Pdf

Fully revised and updated, Australian Commercial Law is indispensable for students seeking a comprehensive understanding of commercial law.

Issues in International Commercial Law

Author : Iwan Davies
Publisher : Routledge
Page : 288 pages
File Size : 53,5 Mb
Release : 2019-06-04
Category : Law
ISBN : 9781351155229

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Issues in International Commercial Law by Iwan Davies Pdf

Originally published in 2005. It is now possible to identify, within the discipline of law, a distinct body of international commercial law. This engaging book consists of a wide-ranging series of essays which demonstrates the breadth and scope of the subject matter of international commercial law. Many of the themes identified bridge both national and international commercial law. The volume consists of three parts: Credit and Security; Contractual Issues; International Commercial Regulation. It is evident that international commercial law is concerned with private and public law within which there are particular disciplines ranging from banking law, e-commerce, intellectual property, insolvency and increasingly international regulation through criminal law extending beyond frontiers.