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Four questions are answered as to the way transnational commercial law has developed and the continuing role of English commercial law (1) What are the advantages English commercial law retains? These include the strength of English law (such as freedom of contract, certainty, predictability, borrowing concepts and innovation), English courts and arbitration, the legal profession (2) What are the issues facing English commercial law? These include profound changes in commerce and the development of transnational law, the change in the UK’s trading and industrial position, competition and inherent problems of English commercial law. (3) What are the options for enabling English commercial law to maintain its position? These include strengthening the development of English case law as internationalist in outlook, promoting codification and restatements, strengthening the engagement with the development of transnational law including UNIDROIT and UNCITRAL, the role of SIFOCC, the ALI and the ELI and the development of principles of transnational law by commercial courts (4) What conclusions can be drawn on the future of the law for transnational commerce? – the role the UK through leadership.
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