International commercial contracts: autonomy and regulation in a dynamic system of merchant law

Abstract

This book deals with contract law and commercial practice on the international plane. The various chapters have been written by legal scholars from around the world, with the intention of shedding new light on an existing field of inquiry for both scholars and practitioners. The specific contribution of this book is that it locates international commercial contracting both historically, with reference to the lex mercatoria of European – and indeed world – commercial law history,1 and simultaneously with reference to current international practice. An important linking theme in this inquiry is the all important aspect of ‘private ordering’,2 thought by many to be a key feature to consider when regulating commercial contracts outside of the consumer sphere. By gathering the perspectives of various countries, which together represent a wide variety of national paradigms and trading contexts, this book aims to provide a balanced view of the focal topics. In the remainder of this opening chapter, we set out the core research concept of this handbook, as well the methodology of its compilation. Thereafter we address our connecting themes in more detail.