The revised and updated second edition of Law of International Business in Australasia has been written by Vivienne Bath and Gabriël Moens, with significant contributions from Luca Castellani. It deals with the core topics of international business transactions, including international sales contracts, international commercial terms, carriage of goods by sea, land and air, international investment and intellectual property, regulation of imports and exports, and international commercial dispute settlement, especially arbitration.
This second edition includes:
- new sections on the UNIDROIT Principles of International Commercial Contracts, the Lex Mercatoria, and a revised section on Incoterms 2010;
- updated material on carriage of goods by sea and air;
- sections on Bank Payment Obligations (BPOs), the use of digital currencies as a method of payment, and Docdex;
- expanded coverage of domestic investment regimes and bilateral and plurilateral free trade and investment agreements, with a focus on the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP);
- information about legal aspects of the use of electronic transactions, including the recent UNCITRAL Model Law on Electronic Transferable Records; and
- a substantially expanded coverage of international commercial arbitration and investor-state arbitration and other methods of dispute resolution.
Law of International Business in Australasia will assist practitioners, students and business people in their understanding of the legal and practical aspects of international trade and operations.
Preface to the Second Edition
Preface to the First Edition
Authors and Contributor
Table of Cases
Table of Statutes
PART I – GOODS
1. The International Regime on Sale of Goods
2. International Carriage of Goods
3. Financing an International Transaction
PART II – INTERNATIONAL AND AUSTRALASIAN REGIMES RELATING TO TRADE, SERVICES AND INVESTMENT
4. Australia, New Zealand and International Regimes
5. Bilateral and Plurilateral Agreements Relating to Trade and Investment, Domestic and International Investment Regimes
PART III – OPERATING AND INVESTING OVERSEAS
6. Expanding Abroad – Operating in Foreign Markets
7. Commercial Dispute Resolution
Reviews of previous edition of Burnett and Bath’s Law of International Business in Australasia:
[P]rovides a useful insight into the myriad of laws affecting international business transactions in Australia and the region. Without delving into the depths of case law or legislation in great detail, this book does provide a useful summary of some of the more pertinent cases in the region and, in an easily comprehensible way, takes its reader through the intricacies of international business transactions. I would recommend this book to students of this subject, as well as to practitioners who require an easy reference guide to issues of this intricate nature.
Ethos, ACT Law Society, March 2010
[T]he strength of the volume lies in its arrangement of the topics and presentation of the material… [T]he intentionally broad coverage means that this book…is a useful and illuminating starting place.
Law Institute Journal Victoria, September 2009
Reviews of previous editions of Burnett’s Law of International Business Transactions:
This is the third edition written by Robin Burnett, an author with expertise derived from her many years of teaching and working in this complex and extensive area of law. …
The book provides a useful and comprehensive guide for Australasian lawyers and businesses looking for guidance in the international business sector. … The book is divided into two main areas. The first deals with transactions relating to goods, and the second deals with issues related to the penetration of foreign markets. The second part constitutes an addition made by the author to the previous editions, in order to address such issues as market access and operations in foreign transactions. …
This edition of the Law of International Business Transactions demonstrates Burnett’s wealth of experience and knowledge in the area of international business law. The expansion of this edition to deal with the penetration of foreign markets is a useful addition that rounds out her discussion of law and the issues relating to international business law. Burnett’s ability to communicate her own understanding of the relationship between the complex layers of international and domestic regulations, and varying international business practices to readers is particularly impressive.
Her focus on Australian and New Zealand law, combined with her clear writing style and precise analysis of the issues and the book’s excellent lay-out make this a valuable teaching and learning tool for Australasian students, teachers and business people studying or working in the area of international business transactions.
The Australian Year Book of International Law, Vol 24, 2005
Every aspect of the law and practice relating to international business transactions is covered, from the formation and performance of the contract, paperless trading in an e-commerce environment, the techniques typically employed in the international carriage of goods and the alternative methods of financing an international transaction.
The second part of the text draws on the author’s knowledge of the difficulties associated with penetrating foreign markets. It provides an overview of international regulation, [and] explores strategies …
Australian Banking & Finance Law Bulletin, Vol 20(1) May-June 2004
Robin Burnett’s book stands out from [the general international trade law texts] through its level of breadth and detail. …
Perhaps in this brief summation of the topics covered the work does not seem that different from its competitors. Yet … the constant referencing of law – briefly and concisely – gives the reader confidence. In addition it is not merely that the material presented is of a higher order than some other texts … this is a well-structured and well-written book. This is a text which is easy to recommend. Not only is it current, but it is also well-written and concise. These are the real tests of its practical value.
Law Institute Journal Victoria, September 2004
[P]rovides a wealth of information as to the commercial issues faced by traders looking to do business at an international level. Burnett’s book provides a neat summation of the international and domestic framework that governs the sale of goods, the carriage of goods, the various modes of financing international transactions, how domestic regimes interact with international ones, and what strategies traders may use to penetrate foreign markets. …
What is perhaps most useful about the text is that it moves from a high level examination of international law onto providing practical steps and examples of how a business may establish a presence in an overseas market …
[The book] provides a valuable synopsis of the global nature of the international business world that companies may choose to operate in.
Ethos, ACT Law Society, March 2004