This book focuses on international harmonisation and the law of secured transactions by distilling and analysing the unifying principles of various significant international conventions and instruments such as the UN Convention on the Assignment of Receivables, the Unidroit Convention on International Factoring, the EBRD Model Law on Secured Transactions, the Unidroit Convention on the International Interests in Mobile Equipment and the UNCITRAL Legislative Guide on Secured Transactions. International secured transactions conventions and instruments facilitate credit and promote economic activity through the creation of harmonised rules. Therefore, given the increasing globalisation of markets, international reform efforts for the harmonised modernisation of secured transactions law have gained pace over recent years. International Secured Transactions Law draws on experiences in both English and US laws in order to identify and illustrate the existing problems that need to be addressed, as well as identify potential solutions. International Secured Transactions Law will be of interest to scholars, students interested in international commercial law, corporate law or comparative secured transactions, and practitioners involved in international commercial transactions.

Assesses the standards set by international financial and legislative bodies on secured credit law.

This collection of essays offers a unique insight and overview of the secured transactions law in many of the most important countries in Asia, as well as reflections on the need for, benefits of and challenges for reform in this area of the law. The book provides a mixture of general reflections on the history, successes and challenges of secured transaction law reform, and critical discussion of the law in a number of Asian countries. In some of the countries, the law has already been reformed, or reform is under way, and here the reforms are considered critically, with recommendations for future work. In other countries, the law is not yet reformed, and the existing law is analysed so as to determine what reform is desirable, and whether it is likely to take place. First, this book will enable those engaging with the law in Asia to understand better the contours of the law in both civil and common law jurisdictions. Second, it provides analytical insights into why secured transactions law reform happens or does not happen, the different methods by which reform takes place, the benefits of reform and the difficulties that need to be overcome for successful reform. Third, it discusses the need for reform where none has yet taken place and critically assesses the reforms which have already been enacted or are being considered. In addition to providing a forum for discussion in relation to the countries in question, this book is also a timely contribution to the wider debate on secured transactions law reform which is taking place around the world.

Secured transactions law has been subjected to a close scrutiny over the last two decades. One of the main reasons for this is the importance of availability of credit and the consequent need to reform collateral laws in order to improve access to finance. The ability to give security effectively influences not only the cost of credit but also, in some cases, whether credit will be available at all. This requires rules that are transparent and readily accessible to non-lawyers as well as rules that recognise the needs of small and medium-sized enterprises. This book critically engages with the challenges posed by inefficient secured credit laws. It offers a comparative analysis of the reasons and the needs for a secured transactions law reform, as well as discussion of the steps taken in many common law, civil law and mixed law jurisdictions. The book, written under the auspices of the Secured Transactions Law Reform Project, informs the debate about reform and advances novel arguments written by world renowned experts that will build upon the existing literature, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. The text considers reform initiatives that have taken place up to the end of April 2016. It has not been possible to incorporate events since then into the discussion. However, notable developments include the banks decree passed by the Italian Government on 29th June 2016, and the adoption of the Model Law on Secured Transactions by UNCITRAL on 1st July 2016.

This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.

The increasingly commercial nature of space activities and the intent of States to expand space travel have spawned renewed attempts of changing the foundations of space law, most of which originated in the twentieth century. Understanding the principles of international space law is essential for ensuring a sustainable future for all in outer space. International Space Law in the New Space Era addresses the international legal and regulatory aspects of outer space that govern developments in the field worldwide. It covers the five United Nations' space treaties along with soft law and other policies. With contributions from established experts in the domain of space law, the volume encompasses the entire gamut of international space law while simultaneously addressing inadequacies that have arisen in light of current developments such as space commercialization, space tourism, and space mining. Space law as an academic discipline is gaining prominence in law schools across the globe and this book is the result of a joint endeavour of two prominent Indian law universities (NUJS, Kolkata & MNLU, Mumbai), which have specialized centres in air and space laws. With its balanced mix of theory and practice, this book provides a timely and accessible resource to understanding international law not only for students and academics, but also for policymakers, practitioners, and those working in the space industry.

The reform of commercial law through harmonisation, unification, codification and other means remains one of the most important projects in developing the institutional architecture for the global economy. This edited collection engages with the challenges and contributes to a greater understanding of the problems faced by states, international organisations, and private sector actors in this ongoing reform project for commercial law. The volume takes stock of the project to date and looks towards a restructuring of the agenda to deal with new challenges. The primary aim of the collection is to understand the future of commercial law reform in a way that offers ideas and strategies for innovation as well as in methodologies for project selection and evaluation. In so doing, the collection informs the debate on the global reform of commercial law and will be of interest not only to academics, but also to those involved in the reform of commercial law around the world. The volume collects papers presented at the UK Society of Legal Scholars Annual Seminar 2017.

Brook & Rowley’s Problems and Cases on Secured Transactions provides an updated problem-based approach to teaching and learning Article 9 of the Uniform Commercial Code. Using a problem-based approach, Brook & Rowley’s Problems and Cases on Secured Transactions 4th Edition engages students with imaginative scenarios while providing an accessible and manageable approach to personal property secured transactions, without avoiding the intricacies of UCC Article 9 or de-emphasizing its interplay with other UCC articles, selected state non-UCC law, or federal bankruptcy law. Designed for a standalone Secured Transactions course, but adaptable to other configurations, the book presents UCC Article 9 as completely comprehensible, even enjoyable, rather than as arcana that only an insider can be expected to understand. Cases have been thoughtfully selected and edited, and the authors’ textual discussion helps connect the cases to the problems and explores the materials’ practical (and practice-oriented) relevance. A good mix of shorter and longer problems gives each chapter a focused flow while frequently recurring characters and basic fact patterns help to reinforce how the lessons of each chapter build onto the more comprehensive whole mapped out in prior and upcoming chapters. Earlier problems lean more heavily, though not exclusively, on the individual and consumer-borrower situations. As the lessons advance, the mix of materials progressively includes more small-business and large-business transactions. New to the Fourth Edition: New co-author Keith A. Rowley brings a quarter century of experience teaching Secured Transactions, augmented by insights gained over nearly two decades of active involvement in the ABA Business Law Section and during his tenures as a Uniform Law Commissioner and as an elected member of the American Law Institute, in which capacity he actively consulted on the 2010 Amendments to UCC Article 9 and made several contributions to the 2022 UCC Amendments, which span the entire Code. New cases that replace statutorily obsolete or judicially superseded ones included in the prior edition or that augment cases carried over from the prior edition. Extensively edited and judiciously augmented textual materials. Extensively edited and judiciously augmented chapter problems. Corrected, replaced, and supplemented end-of-part multiple-choice review questions. Brief discussion of the 2022 UCC Amendments (which have only been adopted in a handful of states), as they relate to pre-amendment UCC Article 9. Professors and students will benefit from: Simple, straightforward organization of chapters and of material within each chapter that makes it easy to tailor assignments according to differing class credits and to the individual instructor’s coverage preferences. Textual introductions, direction to particular statutory sections and comments, and thoughtfully edited cases designed to focus student attention on the issues at hand. Interesting and engaging problems that encourage the students to prepare answers before class discussion, allowing the student to continually monitor their understanding of the topic being covered. Recurring characters and basic fact patterns help students to more readily bridge from one topic to the next and see the bigger picture of UCC Article 9 and how each chapter contributes to better appreciating that picture. Review Questions (with answers) at the end of each Part of the book that helps students gauge their comprehension of and facility with the material discussed over several chapters and help professors meet new ABA formative assessment requirements.