Non-State Rules in International Commercial Law: Contracts, Legal Authority and Application
The quest for legal certaintyInternational commercial contractsKey organisationsCategories of non-state rules: uncodifiedCategories of non-state rules: codifiedStructure of the remainder of the bookThe nature of non-state rules and how to measure their legal authorityDefining non-state rulesIntroductionCharacteristics of non-state rulesDefining the (new) lex mercatoriaThe content of the lex mercatoriaUnderstanding legal authorityMeasuring the legal authority of non-state rulesConclusion: understanding non-state rulesThe place of non-state rules in international commercial lawIntroductionInternational commercial law and transnational commercial lawThe effects of diverging legal systemsThe harmonisation of international commercial lawLegal harmonisation through international conventionsLegal harmonisation through non-state rulesConclusion: the role of non-state rules in the harmonisation of international commercial lawThe roles of non-state rules in the contractual relationshipIntroductionClassifying sources of international and transnational commercial lawInternational conventionsUncodified non-state rulesCodified non- state rules as a source of lawRestatements of lawConclusion: assessing the role of non-state rules in domestic law and in the contractApplication of non-state rules as the governing law of the contractParty autonomy in international commercial contractsIntroductionUsing non-state rules as the governing lawChoice of law in international commercial contractsRestricted party autonomyA substantive connection between the applicable law and the contractChoice of law without bordersConclusion: choice of law and non-state rulesNon-state rules and private international lawIntroductory remarksInternational legislationExamples of extending party autonomyParty autonomy without limitsConclusion: party autonomy and non-state rulesNon-state rules and arbitrationIntroductionNational legislation on arbitration and non-state rulesParty autonomy and arbitrationArbitration rules and non-state rulesArbitration, non-state rules and, court litigationConclusion: determining legal authority of non-state rules in arbitrationHow courts apply non-state rulesApplying non-state rules as a source of domestic lawIntroductionThe application of non-state rules as a source of domestic law: trade usages & the UCCThe application of non-state rules as part of the applicable law: the example of the CISGConclusion: applying and interpreting trade usagesThe application of non-state rules to interpret the lawIntroductionThe application of non-state rules as part of international conventional lawThe use of non-state rules as guidelines for the interpretation of national lawNon-state rules as a point of referenceConclusion: non-state rules as a tool of interpretationThe application of codified non-state rules as lex mercatoriaIntroductionThe application of codified non-states rules as lex mercatoriaUsing codified non-state rules as lex mercatoria: the UNIDROIT PrinciplesUsing the CISG as lex mercatoriaInterpreting the lex mercatoria through codified non-state rulesConclusion: linking the lex mercatoria and codified non-state rulesAscertaining the legal authority of non-state rulesIntroductionCategorising legal authorityUnderstanding legal authority through applicationThe application of codified non-state rules as lex mercatoriaNon-state rules, private international law, and legal harmonisationConcluding remarksTable of casesCourt casesArbitral awardsBibliographyBooks and articlesOther sources
