1st Edition

Non-State Rules in International Commercial Law Contracts, Legal Authority and Application

By Johanna Hoekstra Copyright 2021
256 Pages 2 B/W Illustrations
by Routledge

256 Pages 2 B/W Illustrations
by Routledge

256 Pages 2 B/W Illustrations
by Routledge

Through further technological development and increased globalization, conducting busines abroad has become easier, especially for Small and Medium Enterprises (SME). However, the legal issues associated with international commerce have not lessened in complexity, including the role of non-state rules. The book provides a comprehensive analysis of non-state rules in international commercial... Read more

1. Introduction: Non-State Rules in International Commercial Contracts. Part 1 - The Nature of Non-State Rules and How to Measure their Legal Authority. 2. Defining Non-State Rules. 3. The Place of Non-State Rules in International Commercial Law. 4. The Roles of Non-State Rules in the Contractual Relationship. Part 2 - Application of Non-State Rules as the Governing Law of the Contract. 5. Party Autonomy in International Commercial Contracts. 6. Non-State Rules and Private International Law. 7. Non-State Rules and Arbitration. Part 3 - How Courts Apply Non-State Rules. 8. Applying Non-State Rules as a Source of Domestic Law. 9. The Application of Non-State Rules to Interpret the Law. 10. The Application of Codified Non-State Rules as Lex Mercatoria. 11. Ascertaining the Legal Authority of Non-State Rules.

Biography

Johanna Hoekstra is a lecturer in Law at the University of Essex, UK.