Research Handbook on International Commercial Contracts

Edited by Andrew Hutchison, Honorary Research Associate, Department of Commercial Law, University of Cape Town and Lawyer, Gowling WLG, Canada and Franziska Myburgh, Senior Lecturer, Department of Private Law, University of Stellenbosch, South Africa

• Contents:List of contributors vii1 International commercial contracts: autonomy and regulation ina dynamic system of merchant law 1Andrew Hutchison and Franziska MyburghPART I GENERAL PRINCIPLES OF CONTRACT LAW2 On reasonable expectations, interpretive preferences and the ICSprinciples of interpretation 11Franziska Myburgh3 Good faith and the duty to co-operate in long-term contracts 35Lorna Richardson4 A lex mercatoria of remedies for breach of contract? 57Harriët N Schelhaas5 An EU perspective on contract law harmonisation 86Bert Keirsbilck6 Private international law and choice-of-law clauses 110Faadhil Adams and Thalia Kruger7 The UNIDROIT Principles of International Commercial Contracts 132Thomas KrebsPART II MERCHANT CONTRACT FORMS8 CISG and Incoterms® : reviving the traditions of the lex mercatoria 159Juana Coetzee9 Private ordering, dynamic merchant tradition, and the UniformCommercial Code 181David L Finnegan10 A history of English marine insurance law: merchants, their practices,the courts and the law 196Jeffrey Thomson11 From the book of lading to blockchain bills of lading: dynamicmerchant tradition and private ordering 223Livashnee Naidoo12 Negotiable instruments as instruments of payment in international trade 244Charl Hugo13 Harmonizing international secured transactions law 262Reghard Brits14 Agency law: continuity and change 281Laura MacgregorPART III NEW FRONTIERS15 Online contracting in an international commercial context 301Sieg Eiselen16 The chimera of smart contracts 328Manuel A GomezIndex

'This is a much needed book, which brings together scholars from around the world in a collection of essays which contemplate international contracts more broadly. The world needs more research like this, in an age where international approaches cross regional borders and jurisdictions. The contributions are well set out, and allow the reader to see a more pragmatic picture of international commercial contracts. I particularly enjoyed the editors' own chapter on Party Autonomy and will be recommending this to my students of international commercial law.'