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This book presents a comprehensive and systematic study of the principal aspects of the modern law of international commercial transactions. Based on diverse sources, including legislative texts, case law, international conventions, and a variety of soft-law instruments, it highlights key topics such as the international sale of goods, international transport, marine insurance, international finance and payments, electronic commerce, international commercial arbitration, standard trade terms, and international harmonization of trade laws. In focusing on the private law aspects of international trade, the book closely analyzes the relevant statutes, case law and the European Union (EU) and international uniform law instruments like the Rome I Regulation, the UN Convention on the Contracts for the International Sale of Goods (CISG), UNCITRAL Model Laws; non-legislative instruments including restatements such as the UNIDROIT Principles on International Commercial Contracts, andrules of business practices codified by the ICC such as the Arbitration Rules, UCP 600 and different versions of the INCOTERMS. The book clearly explains the key concepts and nuances of the subject, offering incisive and vivid analyses of the major issues and developments. It also traces the evolution of the law of international trade and explores the connection between the lex mercatoria and the modern law. Comprehensively examining the issue of international harmonization of trade laws from a variety of perspectives, it provides a detailed account of the work of major players in the field, including UNCITRAL, UNIDROIT, ICC, and the Hague Conference on Private International Law (HCCH).
Adopting the comparative law method, this book offers a critical analysis of the laws of two key jurisdictions-India and England-in the context of export trade. In order to stimulate discussion on law reform, it explains the similarities and differences notonly between laws of the two countries, but also between the laws of India and England on the one hand, and the uniform law instruments on the other. Given its breadth of coverage, this book is a valuable reference resource not only for students in the fields of law, international trade, and commercial law, but also for researchers, practitioners and policymakers.
List of contents
Nature and Scope of the law of International Trade.- Unification of International Trade law.- Standard Trade Terms.- Nature and Formation of 'contract'.- Domestic law of International Sales I: Preliminary Rules.- Domestic law of International Sales II: Rights and Duties, Passing of Risks and Remedies.- The 1980 UN Convention on Contracts for International Sale of Goods.- Harmonization by International Restatements.- Harmonization of laws Relating to Electronic Communications in International Contracting.- Contract of Maritime Carriage.- Carriage of Goods by Air.- Carriage of Goods by Road and Rail.- Contracts of Marine Insurance.- Export Finance.- International Cooperation in Dispute Settlement.
About the author
Ajendra Srivastava holds a doctoral degree in law from the University of Delhi. He specializes in international law, but is also interested in human rights, international environmental law, trade law, sale of goods law, international investment law, and property law. He authored the textbook
An Introduction to Transfer of Property Act, Second Edition, (Jaipur: University Book House, 2017) and co-edited
Science, Technology and Law Reform (New Delhi: Satyam Books, 2014), which includes contributions by
Supreme Court and
High Court judges, as well as leading academics from India and abroad. In addition, the author has published more than a dozen research papers in respected national and international journals. He has also been an occasional Op-Ed contributor to the leading national daily, The Statesman.
