This book takes a comparative look at cross-border secured lending and commercial dispute resolution. It illustrates how parties involved in transactions can effectively structure their business to maximize their control of the language choice in which they deal. The book integrates investigations of national legal systems and various international organizations to illustrate the new institutitional dynamics through which the languages of transnational commerce and finance are being defined.
The Compendium, like an encyclopedia, contains entries for most of the foundational principles and concepts underlying arbitration. Each entry takes a holistic view of international arbitration, as they tackle core concepts from both a commercial and an investment arbitration perspective, focusing on the fundamental issues underlying the various topics rather than on the solutions adopted in any particular jurisdiction, thus making the Compendium a truly cross-border, transnational resource. This innovative approach will allow readers to identify the commonalities as well as the differences between commercial and investment arbitration, whether and where cross-fertilization has taken place and what consequences it can have. This approach allows the Compendium to be a tool in promoting the creation of a culture of international arbitration that considers commercial arbitration and investment arbitration as part of a whole but with certain distinct features particular to each.
An Open Access edition of this book will be available on the Liverpool University Press website and the OAPEN library. In a world increasingly defined by the transnational and translingual, and by the pressures of globalization, it has become difficult to study culture as primarily a national phenomenon. A Handbook offers students across Modern Languages an introduction to the kind of methodological questions they need to look at culture transnationally. Each of the short essays takes a key concept in cultural study and suggests how it might be used to explore and illuminate some aspect of identity, mobility, translation, and cultural exchange across borders. The authors range over different language areas and their wide chronological reach provides broad coverage, as well as a flexible and practical methodology for studying cultures in a transnational framework. The essays show that an inclusive, transnational vision and practice of Modern Languages is central to understanding human interaction in an inclusive, globalized society. A Handbook stands as an effective and necessary theoretical and thematically diverse glossary and companion to the ‘national’ volumes in the series.
How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world. Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system). The overview chapter summarizes and analyzes the means and methods of legal unification and the degree of legal unification of each system, and explains the driving forces of legal unity and diversity in federations more generally. The volume presents surprising findings that should make scholars rethink their abandonment of the civil law vs. common law distinction in comparative law. This book is a milestone in the study of federalism. It is a rare and welcome melding of comparative law and comparative politics using both original data and qualitative analysis. Wide-ranging, probing, and definitive, this book is an invaluable resource for students of law, politics, and multi-level governance. Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam
Precise planning, drafting and vigorous negotiation lie at the heart of every international commercial agreement. But as the international business community moves toward the third decade of the twenty-first century, a large amount of the detail of these agreements has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work, now in its seventh edition, begins by discussing and analyzing all the basic components of international contracts regardless of whether the contracting parties are interacting face-to-face or dealing electronically at some distance from each other. The work stands alone among contract drafting guides and has proven its enduring worth. Using an established and highly practical format, the book offers precise information and analysis of a wide variety of issues and forms of agreement, as well as the various forms of international commercial dispute resolution. The seventh edition includes new and updated material on a large number of issues and concepts, such as: new developments and technical progress in electronic commerce; the use of concepts of standardization, i.e., the work of the International Organization for Standardization as a contract drafting tool; new developments in artificial intelligence in contract drafting; the use of cryptocurrencies as a payment device; expedited arbitration, early neutral evaluation and digital procedures for dispute resolution; online dispute resolution, including the phenomenon of the “robot arbitrator”; and foreign direct investment, investment law and investor-state dispute resolution. Each chapter provides numerous references to additional sources, including websites, journal articles, and texts. Materials from and citations to appropriate literature and languages other than English are included. Recognizing that business executives entering into an international commercial transaction are mainly interested in drafting and negotiating an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will measurably assist any lawyer or business executive in planning and implementing contracts and resolving disputes even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with legal experts.
With the ever-increasing interconnection between markets, businesses and individuals from all over the globe, professionals are asked to develop a greater interest in the international implications of contracts. This book focuses attention on the distribution agreement, one of the most widely used contractual schemes in the practice of international exchanges, providing a analysis and information on the issues that should be considered by the practitioner when drafting, interpreting or executing an international agreement. Issues relating to the choice of the governing law, the competent court, the validity or invalidity of some clauses, the impact that the language of the contract may have, as well as the different meaning and scope of application of some principles, such as good faith and le estoppel, are analyzed from a transnational perspective, highlighting how the same issue can be regulated differently depending on the regulatory framework that governs it. In this second edition, the distribution relationship has been evaluated mainly across the legal systems of the European Union, the United States and Latin America, while not missing references to other regulatory frameworks, which are highlighted in correspondence with particular issues.
Although negotiation still lies at the heart of international commercial agreements, much of the detail has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work??now in its sixth edition??with its deeply informed emphasis on both the face-to-face and electronic components of setting up and performing an international commercial agreement, stands alone among contract drafting guides and has proven its enduring worth. Following its established highly practical format, the book’s much-appreciated precise information on a wide variety of issues??including those pertaining to intellectual property, alternative dispute resolution, and regional differences??is of course still here in this new edition. There is new and updated material on such matters as the following: • the need for contract drafters to understand and to use the concepts of “standardization” (i.e., the work of the International Organization for Standardization (ISO) as a contract drafting tool); • new developments and technical progress in e-commerce; • new developments in artificial intelligence in contract drafting; • the possible use of electronic currencies such as Bitcoin as a payment device; • foreign direct investment; • special considerations inherent in drafting licensing agreements; • online dispute resolution including the innovations referred to as the “robot” arbitrator; • changes in the arbitration rules of major international organizations; and • assessment of possible future trends in international commercial arrangements. Each chapter provides numerous references to additional sources, including a large number of websites. Materials from and citations to appropriate literature in languages other than English are also included. In its recognition that a business executive entering into an international commercial transaction is mainly interested in drafting an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will immeasurably assist any lawyer or business executive to plan and carry out individual transactions even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with the legal experts.
This edited volume examines how transnational English language assessment practices are envisioned, enacted, and justified by different stakeholders, including students, teachers, and universities in different geographical contexts, and what would be the multi-level consequences of such practices. Bringing together diverse perspectives from across the Global South and Global North, the book argues that the field of English language assessment has always been transnational, despite an absence of a research that explicitly examines English language assessment practices in relation to transnationalism. The contribution of this volume lies in filling in this critical scholarly gap. Through a wide set of epistemological, theoretical, and pedagogical interventions along with methodological orientations and analytical frameworks, the chapter authors question the social, economic, political, linguistic, and pedagogical consequences of transnational English language assessment practices in higher education (HE) settings and contexts. Offering fresh perspectives on English language assessment practices in relation to transnationalism, this book will be of great interest to researchers, academics, and post-graduate students in the fields of applied linguistics, Teaching English to Speakers of Other Languages (TESOL), and language assessment more broadly.
This book challenges the dominant tendency in world Englishes scholarship to rely on the ‘nation’ as a static spatial entity and reliable analytic category. Using the transnational Korean context as a case in point, the authors analyse how the practices and ideologies of the English language reflect the complex and unexpected flows of globalisation. Examining topics such as the spoken English of South Korean youth and English education in North Korea, this interdisciplinary work gathers both established and emerging scholars from a range of language-related fields to evaluate English as a dynamic and evolving language beyond purely ‘English-speaking’ countries. This edited collection will be a valuable resource for students and scholars of world Englishes, multilingualism, second language acquisition and globalisation.
