Description
Book SynopsisThis is a discerning analysis of international harmonization efforts for secured credit law and examines the role of globalization and finance capital in shaping such efforts.
Gerard McCormack reveals how an 'efficient' law is often seen to increase the availability, and lower the cost, of credit, thereby contributing to international development. He considers whether the most comprehensive international standard the United Nations Commission on International Trade Law (UNCITRAL) Legislative Guide (2008) is actually suitable for adoption at the national level. In particular, he examines the hypothesis that American law and lawyers have shaped the content of the guide to the extent that it is not suitable for translation into other laws.
This book will be of great interest to practitioners, policy makers and academics, as well as students, particularly postgraduate students, of law and business throughout the world.
Contents:
Preface
1. Introduction
2. The Case for Harmonising and Modernising the Law of International Trade
3. Harmonising and Modernising Secured Transactions Law
4. National Models and Replication Across International Frontiers Article 9 of the American Uniform Commercial Law and the English Common Law
5. International Harmonisation Efforts Before the UNCITRAL Legislative Guide
6. The UNCITRAL Secured Transactions Guide
7. The Insolvency Legislative Guide
8. Conclusion
Index
Trade Review’McCormack's book is a thought provoking analysis of the aims, methodology and philosophy of international harmonisation efforts in the area of secured transactions. . . recommended to all those working in and on the law of secured credit.’ -- Noel McGrath, Banking and Finance Law Review
’[T]he author should be commended for canvassing and discussing an enormous volume of literature on secured transactions. Aside from the speculative theories, it provides a useful guidebook to practitioners and academics, as well as international institutions engaged in secured transactions reform.’ -- Marek Dubovec, International Trade Law and Regulation
‘Secured Credit and the Harmonisation of Law
is a super read, thorough, multi-faceted and supremely intelligent. It is written in Professor McCormack's usual fluent and accessible style and even the most hard-bitten professional will find the work, theoretical aspects and all, highly engaging.’ -- Sandra Frisby, INSOL World
Table of ContentsContents: Preface 1. Introduction 2. The Case for Harmonising and Modernising the Law of International Trade 3. Harmonising and Modernising Secured Transactions Law 4. National Models and Replication Across International Frontiers – Article 9 of the American Uniform Commercial Law and the English Common Law 5. International Harmonisation Efforts Before the UNCITRAL Legislative Guide 6. The UNCITRAL Secured Transactions Guide 7. The Insolvency Legislative Guide 8. Conclusion Index
