دالهایزن دربارهٔ حقوق مقایسه‌ای، تجاری، مالی و تجارت فرامرزی. جلد اول، فرامرزی شدن حقوق تجاری و مالی و حل و فصل اختلافات تجاری، مالی و سرمایه‌گذاری: لکس مرکانتوریای جدید و منابع آن

This is the sixth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, finance and trade. As a guide for students and practitioners it has proven to be unrivaled. The work is divided into three volumes, each of which can be used independently or as part of the complete work. Volume 1 covers the roots and foundations of private law; the different orientations and structure of civil and common law; the concept, forces, and theoretical basis of the transnationalisation of the law and of dispute resolution in the professional sphere; the autonomous sources of the new law merchant or modern lex mercatoria, its finance-driven impulses; and its relationship to domestic and transnational public policy and public order requirements All three volumes may be purchased separately or as part of a single set. From the reviews of previous editions: '...remains a must read for practitioners and academics interested in more than the substantive law of trans-border commercial activity. For students of transnational law with some philosophical and historiographical knowledge, Dalhuisen's three volumes are an obvious choice too, as the true value of this work lies in his continuous proposals for new perspectives as opposed to a mere collection of and reflection on existing data on the subject. They are concise, informative and for this subject in the ascendance highly authoritative'. King's Law Journal '... synthesizes and integrates diverse bodies of law into a coherent and accessible account ... remarkable in its scope and depth. It stands alone in its field not only due to its comprehensive coverage, but also its original methodology. Although it appears to be a weighty tome, in fact, in light of its scope, it is very concise. While providing a wealth of intensely practical information, its heart is highly conceptual and very ambitious ... likely to become a classic text in its field.' American Journal of Comparative Law 'Dalhuisen's style is relaxed ... what he writes convinces without the need for an excess of references to sources...a highly valuable contribution to the legal literature. It adopts a useful, modern approach to teaching the young generation of lawyers how to deal with the increasing internationalisation of law. It is also helpful to the practising lawyer and to legislators.' Uniform Law Review/Revue de Droit Uniforme 'this is a big book, with big themes and an author with the necessary experience to back them up ... Full of insights as to the theories that underlie the rules governing contract, property and security, it is an important contribution to the law of international commerce and finance.' Law Quarterly Review '...presents a very different case: that of a civilized and cultivated cosmopolitan legal scholar, with a keen sense of international commercial and financial practice, with an in-depth grounding in both comparative legal history and comparative law, combined with the ability to transcend conventional English black-letter law description with critical judgment towards institutional wisdom and intellectual fashions ... a wide-ranging, historically and comparatively very deep and comprehensive commentary, but which is also very contemporary and forward-looking on many or most of the issues relevant in modern transnational commercial, contract and financial transactions ...' International and Comparative Law Quarterly Table of Contents 8 Table of Cases 20 Table of Legislation and Related Documents 30 1. The Transnationalisation of Commercial and Financial Law. The New Lex Mercatoria Concerning Professional Dealings and its Sources 46 Part I The Emergence of the ModernLex Mercatoria, its Method, Structure and Antecedents. Civil and Common Law Thinking 46 1.1 Introduction 46 1.2 The Origin of Civil Law. Its Traditional Approach to Law Formation and to the Operation of Private Law. Effect on Commercial and Financial Law 121 1.3 The Origin and Evolution of the Common Law. Its Approach to Law Formation and to the Operation of Private Law 180 1.4 The Sources of Law in the Civil and Common Law Tradition. The Approach in Transnational Private Law and the Hierarchy of Sources of Law and their Norms in the Modern Lex Mercatoria 220 1.5 Cultural, Sociological and Economic Undercurrents in the Formation of Transnational Commercial and Financial Law (Modern Lex Mercatoria). Different Legal Orders, their Manifestation, and the Competition Between them 299 Part II The Nature, Status and Function of Private International Law 342 2.1 Modern Private International Law 342 2.2 The Modern European and US Approaches to Conflict of Laws 357 2.3 Interaction of Private International Law and Uniform Law 388 Part III The Substance and Operation of Transnational Commercial and Financial Law or the Modern Lex Mercatoria 394 3.1 The Lex Mercatoria, Interrelation with PrivateInternational Law, Legitimation 394 3.2 The Hierarchy of Norms from Different Legal Sources in the Modern Lex Mercatoria: Elaboration of the Positive Law 408 3.3 Operation of the Lex Mercatoria. Objections 431 2. The Transnationalisation of Commercial, Financial and Investment Dispute Resolution 442 Part I International Commercial Arbitration 442 1.1 Introduction 442 1.2 The Process of Legal Transnationalisation. The Operation of the Modern Lex Mercatoria. Transnational and Domestic Public Policy Considerations in International Arbitrations 479 1.3 International Arbitration: Initial Steps and Complications 498 1.4 The Conduct of the Proceedings and the Award 516 1.5 The Role of National Courts 523 1.6 The New York Convention. International Recognition and Enforcement of the Awards 527 Part II International Financial Arbitration 532 2.1 Introduction 532 2.2 Building Blocks of Private Law in International Finance. The Applicable Law and its Transnationalisation 539 2.3 Public Policy Concerning Financial Instruments. Remedies 572 2.4 Complications in International Financial Arbitrations 588 2.5 The Emergence of P.R.I.M.E. 595 Part III Foreign Investment Arbitration 604 3.1 Introduction 604 3.2 The Basic Foreign Investment Protections. Direct Investors' Claims and the Role of Investment Arbitration 616 3.3 The Applicable Law in Foreign Investments 618 3.4 Proprietary and Non-Proprietary Takings 631 3.5 The Transatlantic Trade and Investment Partnership (TTIP) The EU 2014 Questionnaire and Subsequent Action 648 Part IV The Reasoning of International Arbitrators 664 4.1 Introduction 664 4.2 A Proper Perspective 696 4.3 Conclusions 704 Index 708 Table of Contents......Page 8 Table of Cases......Page 20 Table of Legislation and Related Documents......Page 30 1.1 Introduction......Page 46 1.2 The Origin of Civil Law. Its Traditional Approach to Law Formation and to the Operation of Private Law. Effect on Commercial and Financial Law......Page 121 1.3 The Origin and Evolution of the Common Law. Its Approach to Law Formation and to the Operation of Private Law......Page 180 1.4 The Sources of Law in the Civil and Common Law Tradition. The Approach in Transnational Private Law and the Hierarchy of Sources of Law and their Norms in the Modern Lex Mercatoria......Page 220 1.5 Cultural, Sociological and Economic Undercurrents in the Formation of Transnational Commercial and Financial Law (Modern Lex Mercatoria). Different Legal Orders, their Manifestation, and the Competition Between them......Page 299 2.1 Modern Private International Law......Page 342 2.2 The Modern European and US Approaches to Conflict of Laws......Page 357 2.3 Interaction of Private International Law and Uniform Law......Page 388 3.1 The Lex Mercatoria, Interrelation with PrivateInternational Law, Legitimation......Page 394 3.2 The Hierarchy of Norms from Different Legal Sources in the Modern Lex Mercatoria: Elaboration of the Positive Law......Page 408 3.3 Operation of the Lex Mercatoria. Objections......Page 431 1.1 Introduction......Page 442 1.2 The Process of Legal Transnationalisation. The Operation of the Modern Lex Mercatoria. Transnational and Domestic Public Policy Considerations in International Arbitrations......Page 479 1.3 International Arbitration: Initial Steps and Complications......Page 498 1.4 The Conduct of the Proceedings and the Award......Page 516 1.5 The Role of National Courts......Page 523 1.6 The New York Convention. International Recognition and Enforcement of the Awards......Page 527 2.1 Introduction......Page 532 2.2 Building Blocks of Private Law in International Finance. The Applicable Law and its Transnationalisation......Page 539 2.3 Public Policy Concerning Financial Instruments. Remedies......Page 572 2.4 Complications in International Financial Arbitrations......Page 588 2.5 The Emergence of P.R.I.M.E.......Page 595 3.1 Introduction......Page 604 3.2 The Basic Foreign Investment Protections. Direct Investors' Claims and the Role of Investment Arbitration......Page 616 3.3 The Applicable Law in Foreign Investments......Page 618 3.4 Proprietary and Non-Proprietary Takings......Page 631 3.5 The Transatlantic Trade and Investment Partnership (TTIP) The EU 2014 Questionnaire and Subsequent Action......Page 648 4.1 Introduction......Page 664 4.2 A Proper Perspective......Page 696 4.3 Conclusions......Page 704 Index......Page 708 This is the sixth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, finance and trade. As a guide for students and practitioners it has proven to be unrivaled. The work is divided into three volumes, each of which can be used independently or as part of the complete work. Volume 1 covers the roots and foundations of private law; the different orientations and structure of civil and common law; the concept, forces, and theoretical basis of the transnationalisation of the law and of dispute resolution in the professional sphere; the autonomous sources of the new law merchant or modern lex mercatoria, its finance-driven impulses; and its relationship to domestic and transnational public policy and public order requirements. Volume 2 deals with the transnationalisation of contract, movable and intangible property law and the transformation under it of the concepts of contract and movable property in commercial and financial transactions between professionals and the emphasis on risk management and asset liquidity. Volume 3 deals with financial products and financial services, with the structure and operation of modern commercial and investment banks, and with financial risk, stability and regulation, including the fall-out from the 2008 financial crisis and regulatory responses in the US and Europe "This is a big book, with big themes and an author with the necessary experience to back them up... Full of insights as to the theories that underlie the rules governing contract, property and security, it is an important contribution to the law of international commerce and finance." ( Law Quarterly Review ) Volume 1 of this new edition covers the roots and foundations of private law, the different origins, structure, and orientation of civil and common law, and the social and cultural forces behind it. It analyses the practical needs and market forces behind the emergence of a new transnational commercial and financial legal order, its international finance-driven impulses, concepts, and operation; the theoretical basis of the transnationalisation of the law in the professional sphere in that order; the autonomous sources of the new law merchant or modern lex mercatoria derived from the method of public international law, as well as its relationship to domestic and transnational public policy and public order requirements. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law."-- Volume 1. The Transnationalisation Of Commercial And Financial Law And Of Commercial, Financial And Investment Dispute Resolution : The New Lex Mercatoria And Its Sources -- Volume 2. Contract And Movable Property Law Jan Dalhuisen. Includes Bibliographical References And Index.