The Future of Commercial Law: Ways Forward for Change and Reform

Table of Contents
List of Contributors
Introduction
PART I: FOUNDATIONS AND FUNDAMENTALS OF COMMERCIAL LAW REFORM
	1. UNCITRAL’s Role in Commercial Law Reform: History and Future Prospects
		I. The Establishment of UNCITRAL
		II. The First UNCITRAL Congress
		III. The Second UNCITRAL Congress
		IV. The Third UNCITRAL Congress
		V. Four Key Lessons from the Three UNCITRAL Congresses
		VI. Conclusions
	2. The Harmonisation of Laws in the United States of America
		I. The Need for Harmonisation
		II. The National Conference of Commissioners on Uniform State Laws
		III. The American Law Institute
		IV. Harmonisation of Commercial Law in America
		V. Conclusion
PART II: NEW TECHNIQUES FOR CHOOSING
AND EVALUATING COMMERCIAL LAW PROJECTS
	3. Do We Need Harmonisation for Everything? The Possibilities and
Limits of Harmonising Financial Law
		I. The Truth about Harmonisation of Law
		II. The Harmonisation of Law as Measure of Reform
		III. Harmonisation versus Regulatory Competition
		IV. Reasons for Divergence of Laws: Failure of Harmonisation or Optimisation?
		V. Conclusions
	4. Behavioural Comparative Law: Its Relevance to Global Commercial
Law-making
		I. Global Commercial Law-making: The Status Quo
		II. The Dissenters: Prevailing External Points of View
		III. Behavioural Comparative Law as a Field
		IV. Improving Global Commercial Law-making
		V. Conclusion
	5. Towards a Unified Approach to Economic Assessment in International Commercial Law Reform
		I. The Role of Economic Assessment in International Commercial Law Reform
		II. Conclusion
PART III: THE CHALLENGE OF THE DIGITAL ECONOMY
	6. Cyberspace Institutions, Community and Legitimate Authority
		I. The Authority of Current Institutions
		II. Legitimate Authority in Cyberspace
		III. New Kinds of Institutions?
		IV. Conclusions
	7. Data-driven Mergers under EU Competition Law
		I. Institutional Cooperation: A Pragmatic Solution in the Age of Big-Data Mergers?
		II. Data-driven Mergers – A Few Preliminary Observations
		III. Post-merger Innovation Incentives: Dead or Alive?
		IV. From Fictional Assumptions Disregarding Data to the Growing Relevance of Data
		V. The Corporatist Model of Data Control – Where Terms and Conditions of Privacy are Imposed on Consumers: Is Huge Accumulation of Data a 'Road to Serfdom'?
		VI. Towards a Workable Theory of Harm?
		VII. Merger Control in the Public Interest: Are Privacy Considerations Taken Seriously in Data-driven Mergers?
		VIII. Conclusion
PART IV: TENSIONS FOR SALE OF GOODS LAW
	8. Circular Economy, Title and Harmonisation of Commercial Law
		I. Circular Economy
		II. The Shift from Controlling Ownership to Controlling Use in the Circular Economy
		III. Harmonisation
		IV. Conclusion
	9. Service Contracts and the CISG
		I. Why does the CISG Exclude Service Contracts from its Scope?
		II. Domestic Distinctions between Sales and Service Contracts
		III. Is the CISG Suitable to Govern Service Contracts?
		IV. Conclusion
PART V: LAW FOR ACCESS TO FINANCE
	10. The Financing of Micro-businesses in the United Kingdom: The Current Position and the Way Forward
		I. Problems Likely to Occur in the Financing of Micro-businesses
		II. Financing of Micro-businesses in the United Kingdom
		III. Legal Framework
		IV. Access to Finance
		V. Conclusion
	11. Equity Crowdfunding to Facilitate Access to Finance for Small Business: The Regulatory Response and the Indirect Impact on Company Law
		I. 'Access to Finance' Challenges and the Search for Alternative Sources
		II. Crowdfunding: Concept and Variations
		III. Regulatory Model for Funding Platforms: 'Outside Effect'
		IV. Crowdfunded Businesses and Corporate Governance: The Inside Effect
		V. Corporate Governance Structures for Crowdfunded Companies
PART VI: SECURED TRANSACTIONS: GLOBAL AND NATIONAL MOVEMENTS
	12. Global Secured Transactions Law-making and National Law Reforms:
Quo Vadis Secured Transactions Law?
		I. Introduction
		II. Significance of Secured Credit
		III. Rationale for Taking Security
		IV. Harmonisation in the Context of Secured Transactions Law
		V. Conclusions
	13. The Role of Innovation in Cross-Border Lending
		I. The Increasing Willingness of US Lenders to Make Cross-border Loans
		II. The Willingness of Lenders and their Lawyers to Develop Innovative Legal Concepts and Loan Structures
		III. Innovation Through Secured Transactions Reform
	14. Reform of Moveable Transactions Law in Scotland
		I. Current Law
		II. Previous Attempts at Reform
		III. The SLC Project
		IV. Harmonisation
		V. The SLC Recommendations
		VI. Conclusion
PART VII: PUBLIC–PRIVATE PARTNERSHIPS: AN AREA
FOR FUTURE REFORM?
	15. Public–Private Partnerships and Harmonisation: The Public Private
Partnership Act
		I. The Globalisation of PPP Regulation
		II. Defining PPP
		III. PPP Institutions
		IV. The Decision to Use PPP
		V. The PPP Procurement Process
		VI. The Contract
		VII. Conclusion
	16. Regulation of Public–Private Partnership in China: The Search for Coherence, Consistency and Certainty
		I. A Note on the Terminology
		II. Evolution of the Regulation of PPPs in China
		III. Chinese Government Procurement Reform
		IV. Obstacles Impeding Sustainable Development of PPPs in China
		V. Appraisal of the Draft PPP Regulation
		VI. Conclusion
Index