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"The fourth edition of International Business Law and the Legal Environment: A Transactional Approach gives business and law students a clear understanding of the legal principles that govern international business. This book goes beyond compliance by emphasizing how to use the law to create value and competitive advantage. DiMatteo's transactional approach walks students through key business transactions-from import and export, contracts, and finance to countertrade, dispute resolution, licensing, and more-giving them both context and demonstrating real world application. More concise than previous editions, this new edition also features: Added coverage of new technologies, such as smart contracts, digital platforms, and blockchain technology Discussion of businesses and sustainability, climate change, and creating a circular economy Greater focus on UNIDROIT Principles and a review of INCOTERMS 2020 Expansion of common carrier coverage to include CMI trucking and CMR Railway conventions International perspective and use of a variety of national and international law materials Great coverage of EU substantive law Upper-level undergraduate and postgraduate students of business law and international business will appreciate DiMatteo's lucid writing style, and professionals will find this book a comprehensive resource. Online resources include an instructor's manual, PowerPoint slides, and other tools to provide additional support for students and instructors"--

Introduction to International contracting -- Principles of contract drafting -- Common international contract clauses -- The documentary transaction -- National laws affecting international contracts -- International sales contract -- International sales law : convention on contracts for the International sale of goods -- General principles of service contracting -- Agency and distribution agreements -- Intellectual property licensing -- Joint ventures, franchising, and long-term contracts -- Confidentiality and non-disclosure agreements -- Post-contract : continuing rights and obligations -- Electronic contracting

Abstract: One of the more important divergences between the common and civil laws relates to the enforceability of penalties in contracts. Put simply, the common law rejects penalties as being repugnant to the compensatory nature of contract damages. The civil law enforces penalty clauses as a manifestation of freedom of contract, unless the stipulated damages are determined to be manifestly excessive. This article compares these two approaches and finds the civil law rule to be the superior one. It uses insights from law and economics and, more importantly, from behavioural law and economics (BLAE) to show that penalties can be used to encourage parties to make more rational decisions. In summary, BLAE shows that penalties serve numerous functions other than punishing a party for non-performance. Penalties serve to signal the reliability of a party to provide additional resources to improve the chance of timely performance and to allocate the risk of loss to the most efficient insurer. It concludes that the common law's law of liquidated damages (penalties) should be rejected and the enforceability of penalties should only be limited by the doctrine of unconscionability.

Abstract: This article analyses the work of Professor Hugh Beale. It reviews his scholarly publications to gain insight into his monumental work as an influential member of the English and Wales Law Commission, Lando Commission, as well as his work on the Draft Common Frame of Reference (DCFR) and Common European Sales Law (CESL). It also examines the role of the academic lawyer in reforming law, the theoretical-practical divide in legal scholarship, themes and purposes of Beale's work, the impact of Beale's work on American scholarship, and American scholarship's influence on Beale's work. It concludes that Beale's work aims at providing the tools for the development of a comparative or European interpretation of contract law whether at the regional or national law levels. In short, soft and hard law instruments, like the Principles of European Contract Law (PECL), DCFR, and CESL, are the foundation for bridging the divergences in common and civil law, and for the forging of a European meaning that transcends national borders. In the end, Hugh Beale's scholarly work and work in law reform is an example of the functional approach to legal scholarship and law reform - looking at things anew and seeing what works the best.

Abstract: This essay reviews seven recently published private law texts based upon quantitative and qualitative parameters. The seven books represent four different types of texts: authored, edited, specialized, and practitioner-focused. The essay recognizes the reasons that comparative materials should be a necessary element of any private law text. The beginning parts explain the many reasons why this is so, including the rise of regional law, the economic impact of globalization, advances in the internationalization of private law, internationalization of law practice, and the internationalization of legal education. It argues that the 'paradigm of teaching private law parochially focused on teaching home country law and leaving regional, international, and comparative laws to specialized course work has become outdated.' It concludes that the best private law texts are cosmopolitan in nature that is, they incorporate comparative, regional, and international law sources.