Transnational commercial and consumer law : current trends in international business law /: current trends in international business law. ([2018])

• Record Type: Book
• Further Information: Note: Toshiyuki Kono, Mary Hiscock, Arie Reich, editors.
• Editors: Kono, Toshiyuki; Hiscock, Mary E (Mary Elizabeth), 1939-; Reich, Arie
• Contents: Intro; Dedication; Introduction; Contents; About the Editors; Chapter 1: The Effectiveness of the WTO Dispute Settlement System: A Statistical Analysis; 1 Introduction; 2 The Number of Cases over the Years; 3 Who Are the Users of the System?; 4 Is There a Correlation Between GDP and GNI per Capita and Number of Complaints Filed?; 5 Is There a Higher Propensity for Poorer Countries to Settle?; 6 Compliance with DSB Rulings: What Is the Motivation for Article 21.5 Procedures?; 7 Compliance with DSB Rulings: Who Complies and Who Doesn't?; 8 How Long Do WTO Dispute Settlement Procedures Take? 9 The Appellate Body's Inability to Remand a Case to the Panel9.1 Background to the Problem; 9.2 The Findings; 9.3 Demonstration of the Problem: DS449; 10 Conclusion; References; Chapter 2: Documentary Fraud Under the UCP: Revisiting an 'Exception from Exception' Principle; 1 Introduction; 2 Principle of Autonomy and Risk of Fraud Under the UCP; 3 Risk of Fraud; 4 Fraud Exception Rule; 5 The United City Merchants Case; 5.1 Facts and Holding; 5.2 Forgery and Nullity; 6 Analyses; 6.1 Rationale; 6.2 Criticism; 6.3 Risk of Banks; 6.4 Risk of Applicant 6.5 How Far Should the Protection of Beneficiary Go?6.6 Caveat Venditor; 6.7 Genuine Documents and the Autonomy Principle; 6.8 Conflict Between Public Policies; 7 Comparative Law Overview; 7.1 Canada; 7.2 US; 7.3 Singapore; 7.4 France; 8 Need to Regulate the Fraud; 9 Conclusion; References; Chapter 3: A Transnational Consensus on Secured Transactions Law? The 2016 UNCITRAL Model Law; 1 Introduction; 2 General Challenges in Drafting Internationally Uniform Laws; 2.1 Form and Style; 2.2 Avoidance of Interference with "Other Laws" of the Enacting State 2.3 Deference to Specialized Laws and Regimes2.4 Need for Neutral Terminology; 3 The Degree of Facial Consensus Achieved by the Model Law; 3.1 Formulation of the Writing Requirement for Security Agreements; 3.2 Whether to Limit the Priority of the First Ranking Secured Creditor for Future Advances; 3.3 Conditions for Super Priority of Acquisition Security Rights in Inventory; 3.4 Entitlement to Apply for Expeditious Relief in the Context of Enforcement Proceedings?; 3.5 Law Applicable to Security Rights in Bank Accounts 3.6 Unauthorized Amendments and Discharges: Secured Creditor vs. Third Party Protection3.7 Impact of a Post-registration Change of Grantor Name and Transfer of Encumbered Assets to a New 'Grantor'; 3.8 Additional Registry-Related Options; 4 An Illusory or Real Consensus?; References; Chapter 4: Detailed Contract Regulations and the UPICC: Parallels with National Law and Potential for Improvement: The Example of Norwegian Law; 1 Introduction; 2 Why Is the Relationship Between the UPICC and Detailed Contract Regulation an Issue?
• Publisher Details: Singapore : Springer
• Publication Date: 2018
• Copyright Date: 2018
• Extent: 1 online resource
• Subjects: 346.07; Law; Commercial law; Consumer protection -- Law and legislation; LAW / Administrative Law & Regulatory Practice; Commercial law; Consumer protection -- Law and legislation; Law -- International; International law; International economic & trade law; Law -- Commercial -- General; Commercial law; Electronic books
• Languages: English
• ISBNs: 9789811310805; 9811310807
• Related ISBNs: 9789811310799; 9811310793
• Notes: Note: Includes bibliographical references and index.; Note: Vendor-supplied metadata.
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.