Overview
- Offers a systematic and in-depth study of the law of international trade, while exploring the diverse approaches to the regulation of international trade transactions and the trend toward internationalization of the municipal laws of international trade
- Approaches the subject from a comparative law perspective, discussing the similarities and differences between the laws of India and England in the context of export trade
- Assesses the contemporary relevance of various approaches
- Examines the difference between the civil and common law approaches in India and England, as well as the differences between the national and international law instruments, with a view to moving toward an independent and autonomous system of trade law
Part of the book series: International Law and the Global South (ILGS)
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Table of contents (15 chapters)
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Front Matter
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International Harmonization
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Front Matter
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Contract of Sale
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Front Matter
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Electronic Commerce
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Front Matter
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Contracts of Carriage of Goods
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Front Matter
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Insurance and Finance
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Front Matter
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Keywords
About this book
This book presents a comprehensive and systematic study of the principal aspects of the modern law of international commercial transactions. Based on diverse sources, including legislative texts, case law, international conventions, and a variety of soft-law instruments, it highlights key topics such as the international sale of goods, international transport, marine insurance, international finance and payments, electronic commerce, international commercial arbitration, standard trade terms, and international harmonization of trade laws. In focusing on the private law aspects of international trade, the book closely analyzes the relevant statutes, case law and the European Union (EU) and international uniform law instruments like the Rome I Regulation, the UN Convention on the Contracts for the International Sale of Goods (CISG), UNCITRAL Model Laws; non-legislative instruments including restatements such as the UNIDROIT Principles on International Commercial Contracts, andrules of business practices codified by the ICC such as the Arbitration Rules, UCP 600 and different versions of the INCOTERMS. The book clearly explains the key concepts and nuances of the subject, offering incisive and vivid analyses of the major issues and developments. It also traces the evolution of the law of international trade and explores the connection between the lex mercatoria and the modern law. Comprehensively examining the issue of international harmonization of trade laws from a variety of perspectives, it provides a detailed account of the work of major players in the field, including UNCITRAL, UNIDROIT, ICC, and the Hague Conference on Private International Law (HCCH).
Adopting the comparative law method, this book offers a critical analysis of the laws of two key jurisdictions—India and England—in the context of export trade. In order to stimulate discussion on law reform, it explains the similarities and differences notonly between laws of the two countries, but also between the laws of India and England on the one hand, and the uniform law instruments on the other. Given its breadth of coverage, this book is a valuable reference resource not only for students in the fields of law, international trade, and commercial law, but also for researchers, practitioners and policymakers.Authors and Affiliations
About the author
Bibliographic Information
Book Title: Modern Law of International Trade
Book Subtitle: Comparative Export Trade and International Harmonization
Authors: Ajendra Srivastava
Series Title: International Law and the Global South
DOI: https://doi.org/10.1007/978-981-15-5475-9
Publisher: Springer Singapore
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2020
Hardcover ISBN: 978-981-15-5474-2Published: 01 September 2020
Softcover ISBN: 978-981-15-5477-3Published: 01 September 2021
eBook ISBN: 978-981-15-5475-9Published: 31 August 2020
Series ISSN: 2510-1420
Series E-ISSN: 2510-1439
Edition Number: 1
Number of Pages: XXIV, 334
Number of Illustrations: 1 b/w illustrations
Topics: International Economic Law, Trade Law, Dispute Resolution, Mediation, Arbitration, Commercial Law