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Dalhuisen J: Dalhuisen on Transnational
and Comparative Commercial, Financial an

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 3

Transnational Contract Law

Written with the busy practitioner in mind, Principles of Contractual Interpretation offers a concise and authoritative guide to this complex area of commercial law. The authors distil the rules for constructing and interpreting contracts into ten core principles, each explored in its own chapter and illustrated with case law that shows how the principle operates in practice. Now in its third edition, the book has been thoroughly revised to reflect eight years of developments in case law, considering landmark decisions such as Wells v Devani, Tesco v USDAW, Barton v Morris, Tinkler v HMRC, and FSHC Group Holdings Ltd v Glas Trust Corporation Ltd. New sections examine the enforceability of implied terms, the scope of rectification, purposive interpretation, and the role of good faith and entire agreement clauses. With expanded coverage and updated commentary, this edition remains an indispensable resource for lawyers, judges, and anyone involved in drafting or litigating commercial contracts.

Principles of Contractual Interpretation 3e

This book argues that, beyond the apparent fracture between humans and Nature that defines the Anthropocene crisis, there exists a shared cultural foundation in legal traditions, converging on the recognition of the intrinsic value of Nature and of the ecosystem interconnections between human and non-human life. The legal innovations explored here-particularly from Latin America- embody a holistic, integrated view coherent with the ecosystem approach. It is proposed that these ideas offer potential not only within their own legal systems but also as models for Western legal frameworks. Divided into five parts, the book maintains a balance between theoretical and empirical, combining foundational legal and philosophical discussions with practical case studies and applications. Part I establishes the theoretical foundation, setting the conceptual framework of the volume. Part II builds on this by addressing the methodological implications and laying the groundwork for a transition from anthropocentric to ecocentric governance. The third and fourth parts bridge theory with practice, exploring participatory tools, bottom-up initiatives, and challenges to traditional environmental law, illustrating how theoretical advancements are applied in specific legal and policy contexts. The fifth part focuses on jurisprudence and the role of the judiciary, providing an empirical analysis of how legal principles are interpreted and enforced in judicial settings. This progression ensures that the book effectively integrates theory with empirical research, underscoring its interdisciplinary and practical significance. The volume will be of interest to those working in the areas of Legal Philosophy, Environmental Law, Constitutional Law, Comparative Law, Human Rights, Anthropology and Environmental Studies.

Modelling a Transcultural Eco-Legal Framework across Europe and Latin America

Law, Nature and the Ecosystem Approach

The Future of Shipping Law

This book examines how the shipping industry is responding to the commercial challenges caused by geopolitical risk. Geopolitical volatility in the modern world is generating physical and economic obstacles that are disrupting shipping activities and causing disputes that raise fundamental questions of commercial law. Studying this phenomenon by exploring common themes among varied dimensions of business disruption, the book first explores physical disruption to shipping activities across the categories of war, unrest, and piracy. It then turns to the purely economic disruption caused by sanctions and alternative forms of statecraft deployed in "trade wars." The book examines each of these categories by highlighting geopolitical and regulatory context, assessing industry adaptations, and analysing cross-jurisdictional case law to gather insight into the contractual rights and responsibilities impacted by these scenarios. Assessing solutions-including the development of bespoke contract clauses and the application of broader principles of illegality, impossibility, frustration, and force majeure-the book demonstrates that this rapidly evolving area of international commercial law demands a readiness to borrow analytical approaches across categories of business disruption. With industry participants, courts, arbitrators, and scholars in mind, the book provides a contemporary perspective on the geopolitical challenges affecting shipping through a distinctive commercial law lens.

Sanctions, War, and Force Majeure

Geopolitical Disruption in Shipping

Drawing on the experience of recognised experts from across a range of different fields and jurisdictions, this landmark publication tackles default rules in private law in comparative perspective. Often underestimated, but highly influential, default rules are non-mandatory rules that kick in where nothing else has been agreed or provided. The contributions explore default rules from a variety of angles relevant to both scholarship and legal practice, including: - behavioural aspects and the role of platform terms in the digital age; - the remit and operation of defaults in different areas, ranging from contract and commercial law to succession, civil procedure and private international law; - a comparison between Common law and Civilian approaches as well as the EU level; - the perspectives of different 'players' engaged in the generation and application of default rules.

Default Rules in Private Law

Pathways towards Fairness

Remedies to Digital Vulnerability in European Private Law

This open access book brings together some of the most eminent scholars of international trade to celebrate the scholarly, diplomatic, and institution-building achievements of Thomas Cottier, Professor Emeritus of International Economic Law at the University of Bern and founder of the World Trade Institute. Over his half-century career, Thomas Cottier has promoted the development of international trade law by shaping our understanding of how multiple layers of law interact to form a global legal system. While multilateral trade law is the "melody" of the system, it is made fuller by a host of regional and national layers of harmonising - and sometimes discordant - legal rules. Covering both general trade policy and the economic relations between Switzerland and the EU, the chapters examine Thomas Cottier's fundamental belief in the necessity of studying the interaction of every level of governance - local, national, and international - when considering the policies of economic exchange between countries, as well as his cosmopolitan belief in the need to foster a global community dedicated to bettering the lives of individuals around the world. The special relationship between the EU and Switzerland is addressed, honouring Professor Cottier's dedication to the political debates within Switzerland on the extent to which the country should participate in the European project, exemplifying the themes of multilayered governance and the common concerns of all people. The book's contributors comprise leading scholars and practitioners who have worked closely with, or whose work and professional journeys have been largely influenced by, Thomas Cottier. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.

Thomas Cottier and the Harmonies of Trade

International Economic Law as Symphony

Forests are central to international security, peace, and justice, as they provide livelihoods for millions of impoverished people in developing countries. Threat's to the world's forests may result in a reduction in basic livelihood resources and will have significant consequences on a global scale. There is no existing international treaty on the protection of forests, with the result that their international protection is governed by disparate areas of international law and smaller-scale local initiatives. In this context, this book reviews the history of international law on forests, evaluating the effectiveness of the existing international legal framework to protect them. The book investigates the impact of the initiatives which have emerged in the absence of a dedicated international agreement, including Reducing Emissions from Deforestation and Forest Degradation (REDD+) and forest certification, which are assessed in the wider context of the development of international environmental law. It also considers the role of regional forest agreements in the international protection of forests. It assesses the challenges to the effectiveness of international law governing forests, in particular the disparate nature of the law as it stands, and posits that the solution can be found in existing regional agreements. It argues that a more specific international treaty, consistent with the recent decisions of international courts on environmental protection and building on the experience of regional legal instruments, may offer an effective path forward.

Forests are central to international security, peace, and justice, as they provide livelihoods for millions of impoverished people in developing countries. Threat's to the world's forests may result in a reduction in basic livelihood resources and will have significant consequences on a global scale. There is no existing international treaty on the protection of forests, with the result that their international protection is governed by disparate areas of international law and smaller-scale local initiatives. In this context, this book reviews the history of international law on forests, evaluating the effectiveness of the existing international legal framework to protect them. 

The book investigates the impact of the initiatives which have emerged in the absence of a dedicated international agreement, including Reducing Emissions from Deforestation and Forest Degradation (REDD+) and forest certification, which are assessed in the wider context of the development of international environmental law. It also considers the role of regional forest agreements in the international protection of forests. It assesses the challenges to the effectiveness of international law governing forests, in particular the disparate nature of the law as it stands, and posits that the solution can be found in existing regional agreements. It argues that a more specific international treaty, consistent with the recent decisions of international courts on environmental protection and building on the experience of regional legal instruments, may offer an effective path forward.

International Law and the Protection of Forests

The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. The work demonstrates that this new code would lead to improved arbitral award enforcement in the MENA.

The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. The work demonstrates that this new code would leadto improved arbitral award enforcement in the MENA.

A Model Harmonised International Arbitration Law Code for the Middle East and North Africa

This engaging book provides a clear and comprehensive account of the legal system of Northern Ireland. For many years it has been a go-to source for students and practitioners of law, yet is also accessible to readers with no prior legal knowledge. The book begins by explaining how Northern Ireland became a separate legal jurisdiction, what its current constitutional arrangements are, how its legislation is made and what kind of courts and judges it has. It then looks at when international law is of importance in Northern Ireland, explaining the role of documents such as the Windsor Framework and the European Convention on Human Rights. There follow chapters on laws applying to public bodies, on institutions involved in criminal justice and on rules governing criminal trials. A chapter on 'private law' summarises numerous important fields such as consumer law, employment law, succession law and family law. The book concludes with explanations of how civil cases are processed through Northern Ireland's courts and of the role of lawyers and legal aid schemes. The appendices set out sample sources of law for illustrative purposes. This new edition, now co-authored, has been thoroughly updated with a view to making it even more informative and relevant to readers' needs. It is a 'must have' for anyone wanting to come to grips with the detailed features of a jurisdiction which has long been the subject of political contention and which is constantly developing.

Law in Northern Ireland

This book brings together leading scholars from private law and employment law to reflect upon private law doctrines as they relate to the employment contract. Developing an interdisciplinary dialogue, these contributions explore the regulatory functions of private law doctrines at the cutting edge of modern employment law. Topics include the potential and limitations of private law damages; the role of injunctions and specific performance; the interactions between express and implied terms; vicarious liability; substantial performance and breach; and the common law right to work. The integration of scholarly perspectives from the realms of private law and employment law enriches and deepens our understanding of core private law doctrines. Historically, employment law was defined in terms of its autonomy from general private law. This achievement of autonomy was highly prized, and considered necessary to facilitate industrial freedoms for trade unions and the protection of employees from exploitation. But the contractual basis of employment means that any such autonomy has always been partial and unstable. Furthermore, as trade unions have declined and governments have deregulated statutory employment rights, private law has assumed growing practical importance in strategic appellate litigation. In many common law jurisdictions, private law doctrines have become the new battleground between employers, workers and trade unions. The essays in this book examine specific doctrinal issues against this dynamic backdrop of changing social, economic and constitutional conditions. While focused mainly on English law, the essays also consider examples from other jurisdictions including Australia and Scotland. As private law becomes the default regulation for most employment contracts in 21st-century labour markets across the world, this book is an essential resource for practitioners, judges, academics and students.

Private Law and the Employment Contract

Cambridge International Trade and Economic Law

The objective of this edited volume is to explore the role that digitalisation and new technologies play in the law and practice relating to international investment. The traditional view of international investment law, focusing on physical movement of investors and greenfield establishment, is currently confronted by the increasing diffusion and varying use of technological advances around the world. Digital assets and digital services pose challenges to conventional conceptions of territorial nexus in investment protection. Utilisation of algorithms and artificial intelligence in investor-state dispute settlement (ISDS) is also not free of controversy when it comes to ensuring fair (and reasoned) outcomes and due process. Moreover, cybersecurity-related concerns exacerbate geopolitical fragmentation and often affect negatively investment flows, both at the inward and at the outward levels. The contributors of this edited volume examine these and other related issues of contemporary investment law and critically reflect on how digitalisation and new technologies reshape the foundations of international investment law.

Digitalisation, New Technologies and International Investment Law

This book offers a key point of reference for reflective and thoughtful examinations of the rule of law in tax and related disciplines. It features a stellar cast of established and early-career researchers from a variety of jurisdictions who have entered into conversations about the nature of the rule of law; its relevance to questions about tax, welfare, distribution and public spending; and the challenges involved in applying legal standards in these fields. There is a particular focus on the interaction between the rule of law and the rapidly emerging world of cross-border tax avoidance, reforms influenced by the OECD's Base Erosion and Profits Shifting project and the evolution of EU-level governance over direct as well as indirect taxes. The book is accessible to those new to taxation and public finance as well as to experts, and to lawyers and non-lawyers alike.

Tax, Public Finance, and the Rule of Law

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 3

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