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Commercial Law — Overview

For more detailed information about our work in this area, see also the dedicated Commercial Law Centre website

This theme contains three subjects, namely: Commercial Law, International Trade and Transnational Commercial Law


Commercial Law

Forthcoming Subject Events


November 2014

Commercial Law Centre Lectures
The (Il)legitimacy of bankruptcies for the benefit of secured creditors
Speaker: Charles W. Mooney Jnr, Charles A. Heimbold, Jr. Professor of Law, University of Pennsylvania Law School
Oxford Law Faculty The Cube at 16:30

Publications

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Showing all 66 Commercial Law publications currently held in our database
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Show only Recent | Selected publications

Journal Articles

2014

L Gullifer, 'Should clauses prohibiting assignment be overridden by statute?' (2014) Penn State Journal of Law and International Affairs (forthcoming) [...]

Many contracts for the supply of goods or services include a clause prohibiting assignment by the supplier of its rights under the contract. The existence of such clauses, both in particular contracts and more generally, can have a chilling effect on the use of receivables as collateral to obtain financing. Thus, in many jurisdictions, there is a legislative override for such clauses, so that they are not enforceable against third parties. There is an ongoing debate as to whether English law should follow suit and, if so, what form the override should take, which has now led to . This paper examines the arguments for and against an override in English law, informed by two small scale surveys undertaken by the author and others over the last four years.


L Gullifer, 'The interpretation of retention of title clauses: Wilson v Holt generates some difficulties. ' (2014) Lloyds Maritime and Commercial Law Quarterly (forthcoming) [...]

In the recent Court of Appeal decision in Wilson v Holt the majority interpreted a retention of title clause in a sale of goods contract as creating an agency relationship between the buyer and seller, so that the buyer sub-sold the goods as agent of the seller. This meant that property in the goods never passed to the buyer, and the seller could not bring an action for the price. This paper argues that the agency construction is wrong as it gives rise to many uncommercial consequences, leads to uncertainty and potentially upsets the balance of interests between financiers of small and medium sized enterprises. It contends that the case of Aluminium Industrie Vaassen B.V. v. Romalpa Aluminium Ltd, used to support many uncommercial interpretations of retention of title clauses, is fundamentally flawed and should be put to rest. Finally, it is argued that the view of the Court of Appeal in Wilson v Holt that section 49 of the Sale of Goods Act 1979 includes the only two circumstances in which a seller can sue for the price is unsatisfactory, and that the section should be reinterpreted or, ideally, reformed.


2013

L Gullifer and Sophia Hurst, 'Bills of Sale: Ripe for Reform?' (2013) 11 Butterworths Journal of International Banking and Financial Law 685

2012

P S Davies, 'Making mistakes' (2012) 24 NLSIR 97

P S Davies, 'Rectifying the course of rectification' (2012) 75 MLR 412

P S Davies, 'Risk in unjust enrichment' [2012] RLR 27

L Gullifer, 'PERSONAL PROPERTY SECURITY LAW: WHERE NEXT? PART 2 ' (2012) Butterworths Journal of International Banking and Financial Law 541

L Gullifer, 'Personal Property Security Law: Where Next? (Part 1)' (2012) Butterworths Journal of International Banking and Financial Law 465

L Gullifer, 'The reform of the English law of secured transactions' (2012) 213 Droit et patrimoine (Kluwer) 72

2011

P S Davies, 'Accessory Liability for Assisting Torts' (2011) CLJ 353

P S Davies, 'Accessory Liability: protecting IP rights' [2011] IPQ 390

P S Davies, 'Claims against third parties: room for the common law' [2011] CIPA Journal 362

P S Davies, 'Correcting mistakes: wither the rule in Hastings-Bass' [2011] Conv 406

2010

P S Davies, 'Anticipated contracts: room for agreement' (2010) 69 CLJ 467

P S Davies, 'Recent Developments in the Law of Implied Terms' [2010] LMCLQ 140

P S Davies, 'The illegality defence: turning back the clock' [2010] Conv 282

L Gullifer and V Barns-Graham, 'The Australian PPS reforms: what will the new system look like?' (2010) 4 Law and Financial Markets Review 394

2009

P S Davies, 'The illegality defence ? two steps forward, one step back?' [2009] Conv 182

T Krebs, 'Harmonisation and how not to do it: agency in the UNIDROIT Principles of International Commercial Contracts 2004' (2009) Lloyds Maritime and Commercial Law Quarterly 57

2004

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

2002

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

2001

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

2014

P Pichonnaz and L Gullifer, set-off in arbitration and commercial transactions (Oxford University Press 2014) (forthcoming)

2013

P S Davies and G Virgo, Equity and Trusts: Text, Cases, and Materials (OUP 2013)

L Gullifer and Professor Sir Roy Goode, Goode on Legal Problems of Credit and Security (5th edn, Sweet & Maxwell 2013)

M Bridge, L Gullifer, S Worthington and G McMeel, The Law of Personal Property (Sweet & Maxwell 2013)

2012

V Triebel, M Illmer, G Ringe, S Vogenauer and K Ziegler, Englisches Handels- und Wirtschaftsrecht (Verlag Recht und Wirtschaft 2012) [...]

xxxiv + 580 pp. English Commercial and Business Law Das Werk behandelt - sehr praxisorientiert und zugleich wissenschaftlich fundiert - die im täglichen Rechtsverkehr mit England auftretenden Fragen. Dazu gehören z. B. die Besonderheiten des englischen Vertragsrechts, Warenkauf, Arbeitsrecht, Gesellschaftsrecht, Insolvenzrecht, Wettbewerbsrecht, internationales Zivilprozess- und Privatrecht einschließlich Schiedsverfahrensrecht u.v.m. Das Buch ist nicht nur für Geschäftsverbindungen mit England eine unerlässliche Hilfe. Da englisches (Handels-)Recht in vielen wirtschaftlich bedeutenden Ländern zur Anwendung kommt, genießt es Weltgeltung. Zudem wird im internationalen Handelsverkehr sehr häufig ein englischer Gerichtsstand oder Schiedsort und englisches Recht als "neutrales Recht" vereinbart, wenn sich die Parteien nicht auf das Recht einer der Vertragsparteien einigen können. Sachgebiete: Englisches Handelsrecht, englisches Wirtschaftsrecht, englisches Vertragsrecht, Handelsgeschäfte, Warenkauf, englisches Arbeitsrecht, englisches Gesellschaftsrecht, englisches Insolvenzrecht, englisches Wettbewerbsrecht, englisches internationales Zivilprozess- und Privatrecht. ISBN 978-3-8005-1346-8


2011

Guenter Treitel and FMB Reynolds, Carver on Bills of Lading (Sweet & Maxwell, London 2011) [...]

Although published under the name of "Carver", this is an entirely new text on bills of Lading written by the above co-authors. The major change in this edition is that it takes account of the new UN Carriage of Goods Convention known as the Rotterdam Rules, considering them not only as a self-contained body of rules but also exploring their effect on current rules of English law.


p1-589 written by Guenter Treitel and p591-830 by Professor Reynolds.


ISBN: 9780414048522

2008

Roy Goode, Legal Problems of Credit and Security (Louise Gullifer ed, 4th edn, Thomson Sweet & Maxwell 2008)

2007

L Gullifer, H Beale, M Bridge and E Lomnicka, The Law of Personal Property Security (OUP 2007)

Chapters

2014

L Gullifer, 'Piecemeal reform: is it the answer?' in Frederique Dahan (ed), Secured Lending in Commercial Transactions (Elgar Publishing 2014) (forthcoming)

2013

P S Davies, 'Aid, abet, counsel or procure?' in S Pitel, J Neyers, E Chamberlain (eds), Tort Law: Challenging Orthodoxy (Hart 2013)

P S Davies, 'Construing commercial contracts: no need for violence' in M Freeman and F Smith (eds), Law and Language: Current Legal Issues Volume 15 (OUP 2013)

H Beale and WG Ringe, 'Transfer of rights and obligations' in G Dannemann and S Vogenauer (eds), The Common European Sales Law in Context – Interactions with English and German Law (OUP 2013) [...]

The rules on assignment and transfer of rights and obligations are currently outside the scope of the proposed CESL. In contrast, the original DCFR from 2009 includes a chapter on these issues. Questions outside the scope of CESL are left to be solved by the ‘domestic’ provisions of the national law that is applicable under the relevant conflict-of-laws provisions. This paper is part of the larger CFR Context research project and explores interactions of the system of assignment of receivables under a future European contract instrument with both English and German national laws. This concerns above all other areas of law, for example the rules that apply upon the insolvency of one of the parties (in particular that of the assignor) and the rules on public policy. Key differences between the jurisdictions include, inter alia, the proprietary aspects of the assignor’s insolvency where the assignor is paid by the debtor, the priority rule for competing assignments, and the effects of a non-assignment clause. Here, the choice of the optional instrument rather than either English or German law will lead to diverging results and may therefore prejudice any of the parties involved.


ISBN: 9780199678907

2012

Robert Freitag and others, 'Representation' in Stefan Vogenauer, Gerhard Dannemann (eds), European Contract Law and the 'Common Frame of Reference' (Oxford University Press 2012)

A J B Sirks, 'De gevolgen van de inlijving van Nederland bij het Franse Keizerrrijk in 1810 voor handel en nijverheid' in A.M.J.V. Berkvens, J. Hallebeek, A.J.B. Sirks (eds), Het Franse Nederland: de inlijving 1810–1813. De juridische en bestuurlijke gevolgen van de ‘Réunion’ met Frankrijk (Verloren, Hilversum 2012) [...]

The incorporation of the Netherlands in 1810 into the Napoleontic Empire meant the instant introduction of French law, under abolition of previous Dutch law. This was also the case for commerce, industry and agriculture. The complete subjugation to the Continental Blockade meant that for trade economic circumstances deteriorated, notwithstanding that this was partly compensated by the increased trade in specific agricultural products. To a certain extent it was the result of a decline over a much longer period. Financial activities suffered also in the end. The French law on commerce (primarily the Code of commerce, further an array of specific statutes and decretes) did only partially prove to be the modernisation needed. Particularly the Code was, compared to previous Dutch drafts and the draft of 1809, a tragic set-back, which was not made good until the new Code of commerce of 1838. However, other specific regulations proved to inspire new legislation or were maintained.


2011

P S Davies, 'Lighting the way ahead: the use and abuse of property rights' in S Bright (ed), Modern Studies in Property Law - Volume 6 (Hart 2011)

2010

P S Davies, 'Injunction' in J McGhee QC (ed), Snell's Equity (32nd edition) (Sweet and Maxwell 2010)

P S Davies and J O'Sullivan, 'Rectification' in J McGhee QC (ed), Snell's Equity (32nd edition) (Sweet and Maxwell 2010)

T Krebs, 'Agency Law for Muggles: Why There is no Magic in Agency' in Andrew Burrows, Edwin Peel (eds), Contract Formation and Parties (Oxford University Press 2010)

2009

L Gullifer, 'Exceptions to the Nemo Dat Rule in Relation to Goods and The Law Commission's Proposals' in J de Lacy (ed), Personal Property Security Law Reform in the UK (Routledge Cavendish 2009)

L Gullifer, 'Mixtures, Attornment and Reservation of title ' in Palmer (ed), Bailment ( 2009) [...]

Mixtures is part of a new chapter in the work. Attornment and Reservation of title involved very considerable updating, given that the last edition was in 1991


T Krebs, 'Art. 2, Section 2: Authority of agents' in Stefan Vogenauer, Jan Kleinheisterkamp (eds), Commentary on the Principles of European Commercial Contracts (PICC) (Oxford University Press 2009)

2007

L Gullifer, 'Retention of title clauses: a question of balance' in Andrew Burrows and Edwin Peel (eds), Contract Terms (OUP 2007)

2005

L Gullifer, 'Quasi-security interests: functionalism and the incidents of security' in Iwan Davies (ed), Issues in International Commercial Law (Ashgate 2005)

Case Notes

2013

P S Davies, 'Registered charges in the contractual matrix' (2013) 129 LQR 24

P S Davies and P Turner, 'Relief against penalties without a breach of contract' (2013) 72 CLJ 20

2012

P S Davies, 'Interpreting commercial contracts: a case of ambiguity?' [2012] LMCLQ 26

P S Davies, 'No leapfrogging of contract in unjust enrichment' (2012) 71 CLJ 37

2011

P S Davies, 'Interpreting Commercial Contracts: Back to the Top' (2011) 127 LQR 185

P S Davies, 'Negotiating the boundaries of admissibility' (2011) 70 CLJ 24

2010

P S Davies, 'Bank charges in the Supreme Court' (2010) 69 CLJ 21

P S Davies, 'Contract and unjust enrichment: a blurry divide' (2010) 126 LQR 175

P S Davies and P Rogerson, 'Swaps in another dimension' [2010] LMCLQ 529

2009

P S Davies, 'Auditors? Liability: no need to detect fraud?' (2009) 68 CLJ 505

P S Davies, 'Finding the Limits of Contractual Interpretation' [2009] LMCLQ 420

P S Davies, 'The Illegality Defence and Public Policy' (2009) 125 LQR 556

2008

P S Davies, 'Bank Charges and Unfair Terms' (2008) 67 CLJ 466

Others

2008

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

2014

L Gullifer, 'Review of Australian Personal Property Securities Law, Antony Duggan and David Brown ' (2014) 29 Butterworths Journal of International Banking and Financial Law (forthcoming)

L Gullifer, 'Review of Pierre-Henri Conac, Ulrich Segna and Luc Thévenoz (Eds.), Intermediated Securities. The Impact of the Geneva Securities Convention and the Future European Legislation' (2014) 51 Common Market Law Review (forthcoming)

2011

P S Davies, 'Review of Michael Furmston and GJ Tolhurst, "Contract Formation: Law and Practice" (OUP 2010)' (2011) 70 CLJ 470

P S Davies, 'Review of Qiao Liu, "Anticipatory Breach" (Hart, 2011)' [2011] LMCLQ 496

P S Davies, 'Review of Rebecca Williams, "Unjust enrichment and public law" (Hart, 2010)' (2011) 127 LQR 483

T Krebs, 'Review of Watts, P, Bowstead & Reynolds on Agency (19th ed.) and Munday, RJC, Agency: Law and Principles' (2011) Restitution Law Review 272

2010

D P Nolan, 'The Law of Electronic Commerce' [2010] Lloyd's Maritime and Commercial Law Quarterly 677

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) and (for students who began the course in October 2011 or later) an essay in Jurisprudence written over the summer vacation at the end of the second year. Note: the Jurisprudence exam at the end of the third year is correspondingly shorter. This phase 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.

Commercial Law

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.

The course is taught by Dr. Thomas Krebs, Professor Louise Gullifer and Professor Hugh Beale. Teaching is by a combination of tutorials (arranged by your college tutor), and seminars given in Michaelmas and Hilary Terms. Lectures are also given in Michaelmas and Hilary Terms.

Postgraduate

BCL

Our taught postgraduate programme, designed to serve outstanding law students from common-law backgrounds

Commercial Remedies

This 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.

MJur

Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.

Commercial Remedies

This 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.


People

Commercial Law teaching is organized by a Subject Group convened by:

Louise Gullifer: Professor of Commercial Law and

Thomas Krebs: Associate Professor of Commercial Law

in conjunction with:

Hugh Beale: Visiting Professor
Andrew Burrows, QC: Professor of the Law of England
Hugh Collins: Vinerian Professor
Paul S Davies: Associate Professor of Law
Ewan McKendrick: Registrar
Jeffrey Wool: Senior Research Fellow, Harris Manchester College

Also working in this field, but not involved in its teaching programme:

James Goudkamp: Associate Professor of Law
Christopher Hare: Travers Smith Associate Professor of Corporate and Commercial Law

Graduate students working in this field:

David Alexander: MSt Legal Research student
Pip Coore: MSt Legal Research student
Tatiana Cutts: DPhil Law student
Anton Didenko: DPhil Law student
David Heaton: MPhil Law student
Kelry Loi: DPhil Law student
Natalie Mrockova: DPhil Law student
Jenifer Varzaly: DPhil Law student

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International Trade

Publications

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Showing all 5 International Trade publications currently held in our database
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A Higgins, Andrew Mitchell and James Munro, 'Australia's Plain Packaging of Tobacco Products ' in Bryan Mercurio and Kuei-Jung Ni (eds), Science and Health Measures in International Economic Law (Routledge 2013)

D P Nolan, 'Carriage of Goods by Sea, 2nd edn' (2012) 128 Law Quarterly Review 469   [Review]

G Affaki and Roy Goode, Guide to the ICC Uniform Rules for Demand Guarantees, URDG 758 (ICC Services Publications 2011) [...]

The 2010 revision of the Uniform Rules for Demand Guarantees, replacing the 1992 edition, is a comprehensive rewrite which covers a range of issues not dealt with in the earlier edition and substantially increases the utility and take-up of the rules. This work, written jointly with the Chairman of the Drafting Group, provides a comprehensive analysis of URDG 758 and is much in demand.


ISBN: 978-92-842-0078-8

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 course we offer in this field is:

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) and (for students who began the course in October 2011 or later) an essay in Jurisprudence written over the summer vacation at the end of the second year. Note: the Jurisprudence exam at the end of the third year is correspondingly shorter. This phase 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.

International Trade

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.

Lecturing and other guidance is important in this subject because there are no suitable student books for students to study it for themselves at the right level. The books available are either too simple, or are large practitioners’ works in the use of which students need guidance.

Lectures are given in Michaelmas Term on carriage by sea and on letters of credit. There are handouts for each set of lectures. In the Hilary Term (second of the year) there is a weekly class where the three contracts are treated together and their interaction studied. For this there are separate lists of cases and questions. Tutorials (which include practice in analysing problems) are also available in that term, and that is the term in which the bulk of the student’s own personal work on the subject (other than attending lectures) should be done.


People

International Trade teaching is organized by a Subject Group convened by:

Edwin Peel: Professor of Law

in conjunction with:

Thomas Krebs: Associate Professor of Commercial Law
Ewan McKendrick: Registrar
Donal Nolan: Associate Professor of Law

Also working in this field, but not involved in its teaching programme:

Guenter Treitel: Emeritus Vinerian Professor of English Law at All Souls

Graduate students working in this field:

Anton Didenko: DPhil Law student
David Heaton: MPhil Law student

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Transnational Commercial Law

Publications

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Showing all 11 Transnational Commercial Law publications currently held in our database
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Show only Recent publications

Journal Articles

Roy Goode, 'The treatment of intangible assets under the Cape Town Convention and Protocols ' (2013) 2 The Cape Town Convention Journal 41

Roy Goode, 'The priority rules under the Cape Town Convention and Protocols' (2012) 1 Cape Town Convention Journal 95

Roy Goode, 'Rule, Practice and Pragmatism in Transnational Commercial Law ' (2005) 54 International and Comparative Law Quarterly 539 [...]

The 2005 F A Mann lecture. Examines various aspects of transnational commercial law, including the nature of the lex mercatoria and problems of harmonisation


ISBN: 0020-5893

Roy Goode, 'Contract and commercial law: The Logic and Limits of Harmonisation' (2003) Ius Commune 1 [...]

The 2003 G J Wiarda lecture, discussing harmonisation at the international and European level. Reproduced in International Contract Law, Molengrafica Series 2003 (ed F Willem Grosheide and Ewoud Hondius, Intersentia 2004), pp 308-324


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

Roy Goode, 'Usage and its reception in transnational commercial law' (1997) 46 International and Comparative Law Quarterly 1 [...]

An examination of the the nature of international trade usage, the way itis established and the question whether the lex mercatoria is anational


ISBN: 0020-5893

Books

Roy Goode, Official Commentary on the Convention on International Interests in Mobile Equipment and Protocol thereto on Matters Specific to Railway Rolling Stock, 2nd Edition (International Institute for the Unification of Private Law 2014) [...]

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. Revised and expanded in 2014


ISBN: 88-86449-29-8

Roy Goode, Official Commentary on the Convention on International Interests in Mobile Equipment and Protocol thereto on Matters Specific to Aircraft Equipment, 3rd Edition (International Institute for the Unification of Private Law 2013) [...]

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 and in 2013


ISBN: 88-86449-25-9

Roy Goode, Official Commentary on the Convention on International Interests in Mobile Equipment and Protocol thereto on Matters Specific to Space Assets (International Institute for the Unification of Private Law 2013) [...]

Abstract:

A comprehensive analysis of the 2001 Convention on International Interests in Mobile Equipment (the Cape Town Convention) and the 2012 Protocol on space assets. Written and published pursuant to a resolution of a Diplomatic Conference held in Berlin in 2012.


ISBN: 88-86449- 21-6

Chapters

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)

Courses

The courses we offer in this field are:

Postgraduate

BCL

Our taught postgraduate programme, designed to serve outstanding law students from common-law backgrounds

Transnational Commercial Law

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.

The course will be taught by Dr Thomas Krebs (convenor) and Professor Stefan Vogenauer. There will be eight lectures in Michaelmas Term. There will then be a weekly two-hour seminar in Hilary Term. There will also be four tutorials. The lectures and seminars will examine the following main areas: General issues of harmonisation; Recurrent problems in harmonisation through conventions; Harmonisation through specific binding instruments (Vienna Sales Convention); Harmonisation through contract and institutional rules; Harmonisation through model laws; The future development of transnational commercial law.

Note. This course is open to a maximum of twenty-four students in any one year. If applications exceed this number, a ballot will be held.

MJur

Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.

Transnational Commercial Law

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.

The course will be taught by Dr Thomas Krebs (convenor) and Professor Stefan Vogenauer. There will be eight lectures in Michaelmas Term. There will then be a weekly two-hour seminar in Hilary Term. There will also be four tutorials. The lectures and seminars will examine the following main areas: General issues of harmonisation; Recurrent problems in harmonisation through conventions; Harmonisation through specific binding instruments (Vienna Sales Convention); Harmonisation through contract and institutional rules; Harmonisation through model laws; The future development of transnational commercial law.

Note. This course is open to a maximum of twenty-four students in any one year. If applications exceed this number, a ballot will be held.

MSc (Master's in Law and Finance)

Transnational Commercial Law

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.

The course will be taught by Dr Thomas Krebs (convenor) and Professor Stefan Vogenauer. There will be eight lectures in Michaelmas Term. There will then be a weekly two-hour seminar in Hilary Term. There will also be four tutorials. The lectures and seminars will examine the following main areas: General issues of harmonisation; Recurrent problems in harmonisation through conventions; Harmonisation through specific binding instruments (Vienna Sales Convention); Harmonisation through contract and institutional rules; Harmonisation through model laws; The future development of transnational commercial law.

Note. This course is open to a maximum of twenty-four students in any one year. If applications exceed this number, a ballot will be held.


People

Transnational Commercial Law teaching is organized by a Subject Group convened by:

Louise Gullifer: Professor of Commercial Law

in conjunction with:

Sir Roy Goode, QC: Emeritus Professor of Law

Also working in this field, but not involved in its teaching programme:

Jeffrey Wool: Senior Research Fellow, Harris Manchester College

Graduate students working in this field:

Anton Didenko: DPhil Law student

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