Commercial Law — Overview
This theme contains three subjects, namely: Commercial Law, International Trade and Transnational Commercial Law
Commercial Law
Publications
Showing all[*] publications sorted by type, then year, author, title [change this]
Showing all 8 Commercial Law publications currently held in our database
Change to sort them by year | title | name OR
Show only Recent publications
Journal Articles
L Gullifer, 'The Law Commission’s Proposals: a critique' (2004) 15 European Business Law Review 811
Considers the proposals by the Law Commission for the reform of the law of personal property security interests
ISBN: 0959-6941
Roy Goode, 'Assignment Clauses in International Contracts' (2002) 2002 No. 3/4 Forum Europeen de law Communication, International Business Law 389
Discusses typical assignment clauses in contracts and their legal significance
ISBN: 0295.583
Roy Goode, 'The Role of the Lex Loci Arbitri in International Commercial Arbitration' (2001) 17 No. 1 Kluwer Law International 19
Written originally as a contribution to a collection of essays in honour of Professor Francis Reynolds this article discusses the extent to which judgments or orders of a court in the state of origin of arbitral proceedings in an international commercial arbitration should be respected by courts of the state of enforcement, and examines the theory of the delocalised arbitral award.
ISBN: 0957 0411
Books
Roy Goode, Legal Problems of Credit and Security (Louise Gullifer ed, 4th edn, Thomson Sweet & Maxwell 2008)
Chapters
Roy Goode, 'Are Intangible Assets Fungible' in Peter Birks and Arianna Pretto (eds), Themes in Comparative Law (Oxford University Press 2002)
Analyses the concept of fungibility in relation to intangible property and seeks to show that things often described as fungibles, eg shares, are in fact single assets the subject of co-ownership, so that questions of appropriation and identification do not arise.
ISBN: 0-19-9258566-2
Edited books
V Triebel and others (eds), Englisches Handels- und Wirtschaftsrecht [English Commercial and Economic Regulatory Law] (Munich, Beck Verlag 2012)
Others
L Gullifer and Professor Sir Roy Goode, 'Goode on Legal Problems of Credit and Security (4th ed. edited by Louise Gullifer)' (2008) Sweet & Maxwell
4th edition of this well-known key text by Sir Roy Goode
Reviews
D P Nolan, 'The Law of Electronic Commerce' (2011) [2010] Lloyd's Maritime and Commercial Law Quarterly 677 [Review]
Courses
The courses we offer in this field are:
Undergraduate
FHS - Final Year (Phase III)
The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe). Phase II of the Final Honour School includes the first and second term of the final year; the Final Examinations are taken in the third term of the final year.
[less]
Part of the fascination of commercial law springs from its responsiveness to the changing needs of the business community. Through the ingenuity of those in business and their legal advisers new instruments and procedures are constantly being devised which have to be tested for their legal effect against established principles of the law of property and obligations. The core of the course involves a rigorous examination of personal property law in the context of commercial transactions, together with contractual issues of central importance to commercial transactions. The first part of the course looks at issues related to the sale of goods, such as implied terms, transfer of property and title disputes with third parties. Basic principles of commercial transactions, such as assignment, agency and possession are then examined. The last part of the course looks at real security in personal property, including priorities (between secured interests) and the characterisation of, and justification for, real security. There are also lectures covering negotiable instruments and documents of title to goods. A feature of the whole course is that the student learns how a desired legal result can be achieved, or a legal hazard avoided, by selection of an appropriate contract structure. Though students will be expected to analyse statutory materials as well as case law, a distinguishing feature of the course is its concentration on fundamental concepts and their application in a commercial setting. The course thus offers an intellectual challenge and provides a good foundation for those contemplating practice in the field of commercial law.
[less]
Diploma in Legal Studies
A one-year sample of courses from our BA programmes, aimed only at students visiting from our partner universities.
[less]
Part of the fascination of commercial law springs from its responsiveness to the changing needs of the business community. Through the ingenuity of those in business and their legal advisers new instruments and procedures are constantly being devised which have to be tested for their legal effect against established principles of the law of property and obligations. The core of the course involves a rigorous examination of personal property law in the context of commercial transactions, together with contractual issues of central importance to commercial transactions. The first part of the course looks at issues related to the sale of goods, such as implied terms, transfer of property and title disputes with third parties. Basic principles of commercial transactions, such as assignment, agency and possession are then examined. The last part of the course looks at real security in personal property, including priorities (between secured interests) and the characterisation of, and justification for, real security. There are also lectures covering negotiable instruments and documents of title to goods. A feature of the whole course is that the student learns how a desired legal result can be achieved, or a legal hazard avoided, by selection of an appropriate contract structure. Though students will be expected to analyse statutory materials as well as case law, a distinguishing feature of the course is its concentration on fundamental concepts and their application in a commercial setting. The course thus offers an intellectual challenge and provides a good foundation for those contemplating practice in the field of commercial law.
[less]
Postgraduate
BCL
Commercial Remedies (not offered in 2011-12)
This new course aims to provide an in-depth understanding of remedies in a commercial context, interpreting that phrase in a wide sense. So it will cover remedies for civil wrongs (ie, breach of contract, tort and equitable wrongs) but will exclude any direct consideration of damages for personal injury and death. The course will build on knowledge which all law undergraduates ought to have and, in some areas, will enable students to look in greater depth at matters dealt with at undergraduate level. The approach will be avowedly traditional in that the focus will be on case analysis and doctrine. As with the Restitution of Unjust Enrichment course, with which this will dovetail, the anticipation is that developments at the cutting edge of the law will be constantly debated. An important and novel aspect of the course will be to discuss alongside remedies for the common law wrongs of breach of contract and torts, remedies for the equitable wrongs, such as breach of fiduciary duty.
[less]
People
Commercial Law teaching is organized by a Subject Group convened by:
Louise Gullifer: Professor of Commercial Law and
Thomas Krebs: University Lecturer in Commercial Law
in conjunction with:
Hugh Beale: Visiting Professor
Andrew Burrows, QC: Professor of the Law of England
Ewan McKendrick: Registrar and Professor of English Private Law
Also working in this field, but not involved in its teaching programme:
Roy Goode: Emeritus Professor of Law
Robert B Stevens: Retired. Formerly Master of Pembroke
[top]
International Trade
Publications
E Fisher, 'Beyond the Science/Democracy Dichotomy: The World Trade Organisation Sanitary and PhytoSanitary Agreement and Administrative Constitutionalism' in C. Joerges & E. Petersmann (eds), Constitutionalism, Multilevel Trade Governance and Social Regulation (Hart Publishing 2006)
W E Peel, 'Actual Carriers & The Hague Rules' (2004) 120 The Law Quarterly Review 11 [Case Note]
A casenote on the House of Lords' decision in The Starsin, dealing with the construction of contracts and the scope of the Hague Rules
ISBN: 0023-933X
Courses
The courses we offer in this field are:
Undergraduate
FHS - Final Year (Phase III)
The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe). Phase II of the Final Honour School includes the first and second term of the final year; the Final Examinations are taken in the third term of the final year.
[less]
This course takes as its subject matter a sale of goods by a seller in one country to a buyer in another, and examines the contractual relations between various parties that may be involved in the making and performance of such a sale. Accordingly, it is concerned first with the relations between buyer and seller, emphasising the special features of the sale which are due to its international character. Secondly, it is concerned with the carriage of goods from the seller to the buyer, once again emphasising the special rules which govern international carriage. So as to keep the course within reasonable bounds, it deals only with carriage by sea; it does not cover the special rules governing international carriage by air, road and rail. Thirdly, the course deals with an aspect of banking law. Payment in international sales is often made, not directly by buyer to seller, but through the mechanism of a banker’s commercial credit; the law relating to such credits forms the third part of the course.
Looked at from another angle, the course is concerned with the special problems that arise in overseas sales because the parties are often comparative strangers to one another, and because there is often a long interval of time between the despatch of goods and their receipt. During that time, the parties are exposed to certain financial and physical risks. The financial risk to which each party is exposed is that of the other’s insolvency: to protect himself against this risk the seller will want to be paid as early as possible while the buyer will want to pay as late as possible. One major topic for discussion is the way in which the law and commercial practice seek to reconcile these conflicting desires. So far as the physical risks are concerned, there is the possibility that the goods may be lost or damaged or delayed in transit. Sometimes that risk has to be borne by one of the parties to the contract of sale; sometimes it has to be borne (at least in part) by the carrier; and exactly how it is to be borne has obvious repercussions on the decisions to be made by each party with regard to insurance.
Although its name might suggest something different, the course is about a branch of English domestic law. Our concern is with the English rules governing international transactions (though these rules are often applied to contracts which have no physical connection with this country). It follows that the materials and methods of this course are almost entirely those of the traditional law course, i.e. that it consists largely of a study of decided cases and legislation, though the latter is to a considerable extent influenced by international conventions. Internationally accepted customs and practices figure prominently in the banking section of the course; but the course contains nothing that anyone with the standard equipment of a common lawyer cannot handle.
The course has three principal attractions. Firstly, it raises not only complex and fascinating analytical issues but also fundamental issues of legal policy. Secondly, a study of International Trade will help candidates very considerably with their understanding of the law of contract, particularly in the areas of privity, breach, frustration and remedies. Thirdly, the course forms a useful background to one of the most intellectually satisfying types of legal practice.
[less]
People
International Trade teaching is organized by a Subject Group convened by:
Edwin Peel: Professor of Law
in conjunction with:
Thomas Krebs: University Lecturer in Commercial Law
Ewan McKendrick: Registrar and Professor of English Private Law
Donal Nolan: CUF Lecturer
Also working in this field, but not involved in its teaching programme:
Haibao Bo: Dean of the Political Science and Law School, Shanghai Finance University
Roy Goode: Emeritus Professor of Law
Guenter Treitel: Emeritus Vinerian Professor of English Law at All Souls
[top]
Transnational Commercial Law
News
Transnational Commercial Law:
The Cape Town Convention Academic Project
The Cape Town Convention Academic Project is a joint undertaking between the University of Washington School of Law and the University of Oxford Faculty of Law. Its purpose is to facilitate the academic study and assessment of the Convention on International Interests in Mobile Equipment (the Cape Town Convention), together with its Protocols, for the benefit of scholars, practising lawyers, courts and governments. [more…]
Publications
Showing all[*] publications sorted by year, then title [change this]
Showing all 5 Transnational Commercial Law publications currently held in our database
Change to sort them by title | name | type OR
Show only Recent | Selected publications
Roy Goode, 'Earth, Air and Space: the Cape Town Convention and Protocols and their Contribution to International Commercial Law' in Mads Andenas and Duncan Fairgrieve (eds), Tom Bingham and the Transformation of the Law: A Liber Amicorum (Oxford University Press 2009)
Roy Goode, Official Commentary on the Convention on International Interests in Mobile Equipment and Protocol thereto on Matters Specific to Aircraft Equipment,, Revised Edition (International Institute for the Unification of Private Law 2008)
A comprehensive analysis of the 2001 Convention on International Interests in Mobile Equipment (the Cape Town Convention) and associated Aircraft Protocol. Written and published pursunt to a resolution of a Diplomatic Conference in Cape Town in November/December 2001. Revised and expanded in 2008
ISBN: 88-86449-18-6
Roy Goode, Official Commentary on the Convention on International Interests in Mobile Equipment and Protocol thereto on Matters Specific to Railway Rolling Stock (International Institute for the Unification of Private Law 2008)
A comprehensive analysis of the 2001 Convention on International Interests in Mobile Equipment (the Cape Town Convention) and the 2007 Luxembourg Protocol on railway rolling stock. Written and published pursuant to a resolution of a Diplomatic Conference held in Luxembourg in February 2007
ISBN: 88-86449-17-8
Roy Goode, 'The Cape Town Convention on international interests in Mobile Equipment: A Driving Force for International Asset-Based Financing' (2002) VII 2002-1 UNIDROIT, Uniform Law Review 3
Examines the significance of the Cape Town Convention on international interests in mobile equipment in providing a secure international legal regime for interests in aircraft objects, railway rolling stock and space assets, thereby reducing legal risk and borrowing costs and facilitating asset-based financing in developing countries
ISBN: 1124-3694
Roy Goode, 'Insularity or Leadership? The Role of the United Kingdom in the Harmonisation of Commercial Law' (2001) 50 Oxford University Press, International & Comparative Law Quarterly 751
Describes the major input made by the United Kingdom into the preparation of international instruments in the field of transnational commercial law but the subsequent lack of interest in ratifying them
ISBN: 0020-5893
Courses
The courses we offer in this field are:
Postgraduate
BCL
Transnational Commercial Law (not offered in 2011-12)
With the growth of international trade has come a growing recognition of the benefits to be obtained through the harmonization of international trade law. Transnational commercial law consists of that set of rules, from whatever source, which governs international commercial transactions and is common to a number of legal systems. Such commonality is increasingly derived from international instruments of various kinds; such as conventions, EC directives and model laws, and from codifications of international trade usage adopted by contract, as exemplified by the Uniform Customs and Practice for Documentary Credits published by the International Chamber of Commerce and the Model Arbitration Rules issued by the UN Commission on International Trade Law. Underpinning these are the general principles of commercial law (lex mercatoria) to be extracted from uncodified international trade usage, from standard-term contracts formulated by international organisation and from common principles developed by the courts and legislatures of different jurisdictions.
The first part of the course concentrates on the general framework, policies and problems of transnational commercial law, while in the second part these are examined in the context of specific international trade conventions, model laws and contractual codes, so that the student gains a perception of the way transnational law comes into being and helps to bridge the gap between different legal systems.
[less]
MJur
Transnational Commercial Law (not offered in 2011-12)
With the growth of international trade has come a growing recognition of the benefits to be obtained through the harmonization of international trade law. Transnational commercial law consists of that set of rules, from whatever source, which governs international commercial transactions and is common to a number of legal systems. Such commonality is increasingly derived from international instruments of various kinds; such as conventions, EC directives and model laws, and from codifications of international trade usage adopted by contract, as exemplified by the Uniform Customs and Practice for Documentary Credits published by the International Chamber of Commerce and the Model Arbitration Rules issued by the UN Commission on International Trade Law. Underpinning these are the general principles of commercial law (lex mercatoria) to be extracted from uncodified international trade usage, from standard-term contracts formulated by international organisation and from common principles developed by the courts and legislatures of different jurisdictions.
The first part of the course concentrates on the general framework, policies and problems of transnational commercial law, while in the second part these are examined in the context of specific international trade conventions, model laws and contractual codes, so that the student gains a perception of the way transnational law comes into being and helps to bridge the gap between different legal systems.
[less]
MSc (Master's in Law and Finance)
Transnational Commercial Law (not offered in 2011-12)
With the growth of international trade has come a growing recognition of the benefits to be obtained through the harmonization of international trade law. Transnational commercial law consists of that set of rules, from whatever source, which governs international commercial transactions and is common to a number of legal systems. Such commonality is increasingly derived from international instruments of various kinds; such as conventions, EC directives and model laws, and from codifications of international trade usage adopted by contract, as exemplified by the Uniform Customs and Practice for Documentary Credits published by the International Chamber of Commerce and the Model Arbitration Rules issued by the UN Commission on International Trade Law. Underpinning these are the general principles of commercial law (lex mercatoria) to be extracted from uncodified international trade usage, from standard-term contracts formulated by international organisation and from common principles developed by the courts and legislatures of different jurisdictions.
The first part of the course concentrates on the general framework, policies and problems of transnational commercial law, while in the second part these are examined in the context of specific international trade conventions, model laws and contractual codes, so that the student gains a perception of the way transnational law comes into being and helps to bridge the gap between different legal systems.
[less]
People
Commercial Law teaching is organized by:
Louise Gullifer: Professor of Commercial Law
Also working in this field, but not involved in its teaching programme:
Roy Goode: Emeritus Professor of Law
[top]

