Does International Trade Need a Doctrine of Transnational Law?

Some Thoughts at the Launch of a European Contract Law

Nonfiction, Reference & Language, Law, International
Cover of the book Does International Trade Need a Doctrine of Transnational Law? by Maren Heidemann, Springer Berlin Heidelberg
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Author: Maren Heidemann ISBN: 9783642275005
Publisher: Springer Berlin Heidelberg Publication: February 14, 2012
Imprint: Springer Language: English
Author: Maren Heidemann
ISBN: 9783642275005
Publisher: Springer Berlin Heidelberg
Publication: February 14, 2012
Imprint: Springer
Language: English

This paper looks at the current status and role of specific commercial contract law both national and international in view of recent European contract law reform. It reviews the value and necessity of a special and separate contract law for merchants in a global market and discusses critically the terminology, doctrine and objectives which this law is based upon. For a long time the choice of transnational law rules which are often non-state law has been marginalised and made impossible in state court proceedings. The new Common European Sales Law circumvents this problem by proposing to be used as national law. International practice in commercial dispute settlement may therefore still remain at the forefront of promoting and modelling the use of transnational contract law.

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This paper looks at the current status and role of specific commercial contract law both national and international in view of recent European contract law reform. It reviews the value and necessity of a special and separate contract law for merchants in a global market and discusses critically the terminology, doctrine and objectives which this law is based upon. For a long time the choice of transnational law rules which are often non-state law has been marginalised and made impossible in state court proceedings. The new Common European Sales Law circumvents this problem by proposing to be used as national law. International practice in commercial dispute settlement may therefore still remain at the forefront of promoting and modelling the use of transnational contract law.

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