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Research Handbook on International Commercial Contracts
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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Critical Acclaim
Contributors
Contents
More Information
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.
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
– 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
Contributors
Contributors: F. Adams, R. Brits, J. Coetzee, S. Eiselen, D.L Finnegan, M.A Gómez, C. Hugo, A. Hutchison, B. Keirsbilcz, T. Krebs, T. Kruger, L. Macgregor, F. Myburgh, L. Naidoo, L. Richardson, H. Schelhaas, J. Thomson
Contents
Contents:
List of contributors vii
1 International commercial contracts: autonomy and regulation in
a dynamic system of merchant law 1
Andrew Hutchison and Franziska Myburgh
PART I GENERAL PRINCIPLES OF CONTRACT LAW
2 On reasonable expectations, interpretive preferences and the ICS
principles of interpretation 11
Franziska Myburgh
3 Good faith and the duty to co-operate in long-term contracts 35
Lorna Richardson
4 A lex mercatoria of remedies for breach of contract? 57
Harriët N Schelhaas
5 An EU perspective on contract law harmonisation 86
Bert Keirsbilck
6 Private international law and choice-of-law clauses 110
Faadhil Adams and Thalia Kruger
7 The UNIDROIT Principles of International Commercial Contracts 132
Thomas Krebs
PART II MERCHANT CONTRACT FORMS
8 CISG and Incoterms® : reviving the traditions of the lex mercatoria 159
Juana Coetzee
9 Private ordering, dynamic merchant tradition, and the Uniform
Commercial Code 181
David L Finnegan
10 A history of English marine insurance law: merchants, their practices,
the courts and the law 196
Jeffrey Thomson
11 From the book of lading to blockchain bills of lading: dynamic
merchant tradition and private ordering 223
Livashnee Naidoo
12 Negotiable instruments as instruments of payment in international trade 244
Charl Hugo
13 Harmonizing international secured transactions law 262
Reghard Brits
14 Agency law: continuity and change 281
Laura Macgregor
PART III NEW FRONTIERS
15 Online contracting in an international commercial context 301
Sieg Eiselen
16 The chimera of smart contracts 328
Manuel A Gomez
Index
List of contributors vii
1 International commercial contracts: autonomy and regulation in
a dynamic system of merchant law 1
Andrew Hutchison and Franziska Myburgh
PART I GENERAL PRINCIPLES OF CONTRACT LAW
2 On reasonable expectations, interpretive preferences and the ICS
principles of interpretation 11
Franziska Myburgh
3 Good faith and the duty to co-operate in long-term contracts 35
Lorna Richardson
4 A lex mercatoria of remedies for breach of contract? 57
Harriët N Schelhaas
5 An EU perspective on contract law harmonisation 86
Bert Keirsbilck
6 Private international law and choice-of-law clauses 110
Faadhil Adams and Thalia Kruger
7 The UNIDROIT Principles of International Commercial Contracts 132
Thomas Krebs
PART II MERCHANT CONTRACT FORMS
8 CISG and Incoterms® : reviving the traditions of the lex mercatoria 159
Juana Coetzee
9 Private ordering, dynamic merchant tradition, and the Uniform
Commercial Code 181
David L Finnegan
10 A history of English marine insurance law: merchants, their practices,
the courts and the law 196
Jeffrey Thomson
11 From the book of lading to blockchain bills of lading: dynamic
merchant tradition and private ordering 223
Livashnee Naidoo
12 Negotiable instruments as instruments of payment in international trade 244
Charl Hugo
13 Harmonizing international secured transactions law 262
Reghard Brits
14 Agency law: continuity and change 281
Laura Macgregor
PART III NEW FRONTIERS
15 Online contracting in an international commercial context 301
Sieg Eiselen
16 The chimera of smart contracts 328
Manuel A Gomez
Index
