دانلود کتاب International commercial law

فهرست مطالب :

Full Title
Dedication
Copyright
Preface
Table of Cases
Table of Statutes
Table of Contents
1 INTERNATIONAL COMMERCIAL CONTRACTS UNDER DOMESTIC LAW
Introduction
Conventions relevant to international sale of goods
Effect of customs
Relevance of domestic law
Defining International sale of goods
Application of Incoterms® 2010 in international sales
Legal framework for international sale of goods in Australia
International sale of goods and general contract law
International sale of goods and the Australian sale of goods legislation
International sale of goods and the Chinese Code of Contract Law
2 INTERNATIONAL COMMERCIAL CONTRACTS UNDER MAJOR INTERNATIONAL REGIMES: UNDER THE CISG AND THE UNIDROIT PRINCIPLES
Introduction
Sale of goods under the CISG
Excluding or varying the effect of the provisions of the Convention
Formation of a contract
Fundamental breach under the Convention
Performance of contract
Remedies
The passing of risk under the Convention
Preservation of goods under the Convention
Conclusion: potential use of the Convention through modification and interpretation
Incorporation of the Convention into Australian law
Constitutional implications of the CISG
International commercial contracts under the UNIDROIT Principles
3 CONTRACTS FOR CARRIAGE BY SEA, AIR AND LAND
Introduction to the Law of Carriage
Carriage of goods by sea
Australian Carriage of Goods by Sea Act 1991 (CTH)
Contracts for the carriage of goods by air
Contracts for carriage by land
Carriage of goods by multimodal transport
Major principles of the Rotterdam Rules
4 MEANS OF PAYMENT IN INTERNATIONAL TRADE
Overview
The major concerns in effecting payment in international trade
The basic methods of payment in international trade
International legal framework for payment in international transactions
Means of payment under domestic law
Defining terms in effecting payment
Payment by cash in advance
Payment by open account
Payment by collection
Payment by way of documentary credit
Means of payment under the UN Conventions
5 MARINE INSURANCE, AVIATION INSURANCE AND INTERNATIONAL TRADE
Introduction
Explaining marine insurance
General principles for the making of a marine insurance contract
Making of a cargo insurance contract
Making of a hull insurance contract
Legal framework for international marine insurance
Explaining an insurable interest
Explaining ‘marine risks’
Categories of marine insurance contracts
Forms of marine insurance documents
Assured’s duty to disclose the relevant information
Insurer’s duties and inherent vice
Broker’s duties to assured and insurer
Reinsurance and insurer’s liability
Burden of proof as to the cause of the loss
Included and excluded losses
Categories of losses
Determination of indemnity
Assignment of policy
Insurer’s right of subrogation
Aviation insurance
6 FOREIGN INVESTMENT LAW
Introduction
Explaining foreign investment
Relationships between foreign investment and host country
Forms of foreign investment
International legal framework for foreign investment
UNCTAD Investment Policy Framework For Sustainable Development
Core principles for investment policymaking
The WTO and foreign investment
Selected issues for the regulation of foreign investment
Means for protection of foreign investment
ISDS clause and related issues
International Court of Justice and foreign investment
7 THE WORLD TRADE ORGANIZATION
Introduction
A brief history of the WTO
Major functions of the WTO
The WTO Agreement and its annexes
Structure of the WTO
General Agreement on Tariffs and Trade (GATT)
GATT Agreement
General Agreement on Trade in Services (GATS)
TRIPs Agreement
Dispute settlement within the WTO
The WTO and competition law
The WTO and other international trade organisations
Doha Round of negotiations and WTO development
8 REGIONAL TRADE AGREEMENTS AND FREE TRADE AGREEMENTS
Introduction
The European Union
Asia–Pacific Economic Cooperation (APEC)
Association of South-East Asian Nations (ASEAN)
North America Free Trade Agreement (NAFTA)
Australia–New Zealand Closer Economic Relations
China–Australia Free Trade Agreement
Future of the ChAFTA
9 SETTLEMENT OF INTERNATIONAL COMMERCIAL DISPUTES
International commercial litigation and conflict of laws
Resolving disputes between governments
Resolving disputes involving private parties
Defining the means of dispute settlement
Defining international commercial litigation
Domestic courts and international commercial litigation
Functions of the courts in international commercial litigation
Importance of conflicting rules in international commerce
Meaning of ‘conflict of laws’
Three operating areas of conflicts rules
Major theories of conflicts rules
True conflict and false conflict
Characterisation and conflicts rules
Selected rules and tests of conflict of laws
Conflict of laws in Australia
Contract disputes and conflict of laws
Tortious disputes and conflict of laws
Certain exceptions
Disputes relating to real estate and conflict of laws
Disputes relating to chattels personal and conflict of laws
Enforcement of foreign judgments
Enforcement of foreign judgments in Australia
Alternative means of settling international commercial disputes
Legal framework for international commercial arbitration
Major international arbitral institutions and their functions
Major procedural issues in international commercial arbitration
The New York Convention and international commercial arbitration
10 NEW DEVELOPMENTS IN INTERNATIONAL COMMERCIAL LAW
An overview
Regulation of international mobile equipment
Regulation of intermediate securities
Index