New Developments in International Commercial and Consumer Law: Proceedings of the 8th Biennial Conference of the International Academy of Commercial and Consumer Law

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Hart Publishing, 1998 - Law - 505 pages
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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, Ra l Etcheverry, Benjamin Geva, Roy Goode, Laureano F. Guti rrez-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.
 

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Contents

THE NATURE ELEMENTS AND SCOPE OF INTERNATIONAL
9
THE INTERRELATION OF INTERNATIONAL TRADE USAGE
18
INTERNATIONAL TRADE USAGE AND THE CONFLICT OF LAWS
28
INTERNATIONAL TRADE USAGE AND THE SEARCH
35
Internationalization of Sales LawPractice under the Convention
37
UPDATE ON RECENT APPLICABILITY AND SCOPE CASES
45
SELECTED PERFORMANCE ISSUES
55
NEW CONCEPTS IN BREACH AND REMEDIES
63
ZAMBIA
363
Process of Transition and Commercial Law in Central
367
CHANGES SINCE THE 19TH CENTURY
368
ECONOMIC DEVELOPMENTS IN CENTRAL AND EASTERN EUROPE
371
COMMERCIAL LAW DEVELOPMENTS
375
ROLE OF CODIFICATION
378
DEVELOPMENT WITHOUT CODIFICATION
380
CONCLUSION
381

CONCLUSION
83
The Case Against Lex Mercatoria
87
Convergence of Contract Law Systems and the Unidroit
97
Unauthorized Electronic Funds TransfersComparative Aspects
107
A Glimpse at the Elements
135
The Interaction of
161
THE EXCEPTIO DOLI AND THE EXCEPTION TO THE PAYMENT
168
The Chilean Position
171
Modernizing the Secured Financing and Lease Financing Laws
183
The Registration of Company Charges Against Real Property
205
CAVEATS
216
THE ROLE OF THE REGISTRY OF CHARGES
223
The Case for Modernizing World Wide Secured Transactions
229
Territoriality and Choice of Law in the Supreme Court
237
CHOICE OF LAW IN PRODUCTS LIABILITY CLAIMS
258
CONCLUSION
272
First Approach to Competition Law and Sanctioning of Disloyal
275
State Contracts State Interests and International Commercial
293
ARBITRATION UNDER THE AUSPICES OF THE ICSID
311
THE SETBACK FOR MULTILATERALISM
323
CONCLUSION
341
The Development of Securities Regulation in Emerging African
347
TANZANIA
357
The Challenges of Adapting Law to Market Economies
383
PRIVATISATION
385
MASS PRIVATISATION
387
REPRIVATISATION AND RESTITUTION TO FORMER OWNERS
389
LAW ON OWNERSHIP
390
FOREIGN INVESTMENT LAW
391
COMPETITION RULES
392
REFORM OF JUDICIAL SYSTEMS
393
REVIVAL AND DEVELOPMENT OF ARBITRATION
394
CONCLUSION
395
Lifesavers of Micro Small
397
GOVERNMENT POLICY TOWARDS INTEGRATOR COMPANIES
399
REQUIREMENTS FOR INCORPORATION OF INTEGRATOR
400
Canadian Perspectives on the Challenges of Consumer
411
Some Reflections
431
CONSUMER RIGHTS AS ECONOMIC RIGHTS
443
ECOLOGICAL RIGHTS AND THE CONSUMER
450
CONSUMER RIGHTS AS CITIZENS RIGHTS
460
Saying Nothing with Words
469
Comparative Publicity in the Honduran Commercial Code
487
Index
501
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About the author (1998)

Jacob S. Ziegel is Professor of Law Emeritus in the Faculty of Law at the University of Toronto.

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