دانلود کتاب The Future of Commercial Law: Ways Forward for Change and Reform

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Table of Contents\nList of Contributors\nIntroduction\nPART I: FOUNDATIONS AND FUNDAMENTALS OF COMMERCIAL LAW REFORM\n 1. UNCITRAL’s Role in Commercial Law Reform: History and Future Prospects\n I. The Establishment of UNCITRAL\n II. The First UNCITRAL Congress\n III. The Second UNCITRAL Congress\n IV. The Third UNCITRAL Congress\n V. Four Key Lessons from the Three UNCITRAL Congresses\n VI. Conclusions\n 2. The Harmonisation of Laws in the United States of America\n I. The Need for Harmonisation\n II. The National Conference of Commissioners on Uniform State Laws\n III. The American Law Institute\n IV. Harmonisation of Commercial Law in America\n V. Conclusion\nPART II: NEW TECHNIQUES FOR CHOOSING\rAND EVALUATING COMMERCIAL LAW PROJECTS\n 3. Do We Need Harmonisation for Everything? The Possibilities and\rLimits of Harmonising Financial Law\n I. The Truth about Harmonisation of Law\n II. The Harmonisation of Law as Measure of Reform\n III. Harmonisation versus Regulatory Competition\n IV. Reasons for Divergence of Laws: Failure of Harmonisation or Optimisation?\n V. Conclusions\n 4. Behavioural Comparative Law: Its Relevance to Global Commercial\rLaw-making\n I. Global Commercial Law-making: The Status Quo\n II. The Dissenters: Prevailing External Points of View\n III. Behavioural Comparative Law as a Field\n IV. Improving Global Commercial Law-making\n V. Conclusion\n 5. Towards a Unified Approach to Economic Assessment in International Commercial Law Reform\n I. The Role of Economic Assessment in International Commercial Law Reform\n II. Conclusion\nPART III: THE CHALLENGE OF THE DIGITAL ECONOMY\n 6. Cyberspace Institutions, Community and Legitimate Authority\n I. The Authority of Current Institutions\n II. Legitimate Authority in Cyberspace\n III. New Kinds of Institutions?\n IV. Conclusions\n 7. Data-driven Mergers under EU Competition Law\n I. Institutional Cooperation: A Pragmatic Solution in the Age of Big-Data Mergers?\n II. Data-driven Mergers – A Few Preliminary Observations\n III. Post-merger Innovation Incentives: Dead or Alive?\n IV. From Fictional Assumptions Disregarding Data to the Growing Relevance of Data\n V. The Corporatist Model of Data Control – Where Terms and Conditions of Privacy are Imposed on Consumers: Is Huge Accumulation of Data a \'Road to Serfdom\'?\n VI. Towards a Workable Theory of Harm?\n VII. Merger Control in the Public Interest: Are Privacy Considerations Taken Seriously in Data-driven Mergers?\n VIII. Conclusion\nPART IV: TENSIONS FOR SALE OF GOODS LAW\n 8. Circular Economy, Title and Harmonisation of Commercial Law\n I. Circular Economy\n II. The Shift from Controlling Ownership to Controlling Use in the Circular Economy\n III. Harmonisation\n IV. Conclusion\n 9. Service Contracts and the CISG\n I. Why does the CISG Exclude Service Contracts from its Scope?\n II. Domestic Distinctions between Sales and Service Contracts\n III. Is the CISG Suitable to Govern Service Contracts?\n IV. Conclusion\nPART V: LAW FOR ACCESS TO FINANCE\n 10. The Financing of Micro-businesses in the United Kingdom: The Current Position and the Way Forward\n I. Problems Likely to Occur in the Financing of Micro-businesses\n II. Financing of Micro-businesses in the United Kingdom\n III. Legal Framework\n IV. Access to Finance\n V. Conclusion\n 11. Equity Crowdfunding to Facilitate Access to Finance for Small Business: The Regulatory Response and the Indirect Impact on Company Law\n I. \'Access to Finance\' Challenges and the Search for Alternative Sources\n II. Crowdfunding: Concept and Variations\n III. Regulatory Model for Funding Platforms: \'Outside Effect\'\n IV. Crowdfunded Businesses and Corporate Governance: The Inside Effect\n V. Corporate Governance Structures for Crowdfunded Companies\nPART VI: SECURED TRANSACTIONS: GLOBAL AND NATIONAL MOVEMENTS\n 12. Global Secured Transactions Law-making and National Law Reforms:\rQuo Vadis Secured Transactions Law?\n I. Introduction\n II. Significance of Secured Credit\n III. Rationale for Taking Security\n IV. Harmonisation in the Context of Secured Transactions Law\n V. Conclusions\n 13. The Role of Innovation in Cross-Border Lending\n I. The Increasing Willingness of US Lenders to Make Cross-border Loans\n II. The Willingness of Lenders and their Lawyers to Develop Innovative Legal Concepts and Loan Structures\n III. Innovation Through Secured Transactions Reform\n 14. Reform of Moveable Transactions Law in Scotland\n I. Current Law\n II. Previous Attempts at Reform\n III. The SLC Project\n IV. Harmonisation\n V. The SLC Recommendations\n VI. Conclusion\nPART VII: PUBLIC–PRIVATE PARTNERSHIPS: AN AREA\rFOR FUTURE REFORM?\n 15. Public–Private Partnerships and Harmonisation: The Public Private\rPartnership Act\n I. The Globalisation of PPP Regulation\n II. Defining PPP\n III. PPP Institutions\n IV. The Decision to Use PPP\n V. The PPP Procurement Process\n VI. The Contract\n VII. Conclusion\n 16. Regulation of Public–Private Partnership in China: The Search for Coherence, Consistency and Certainty\n I. A Note on the Terminology\n II. Evolution of the Regulation of PPPs in China\n III. Chinese Government Procurement Reform\n IV. Obstacles Impeding Sustainable Development of PPPs in China\n V. Appraisal of the Draft PPP Regulation\n VI. Conclusion\nIndex