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Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict C. Sheehy
Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict C. Sheehy
ExpressO
ABSTRACT: This article examines the dispute concerning the meaning of Good Faith in the CISG. Although there are good reasons for arguing a more limited interpretation or more limited application of Good Faith, there are also good reasons for a broader approach. Regardless of the correct interpretation, however, practitioners and academics need to have a sense of where the actual jurisprudence is going. This article reviews every published case on Article 7 since its inception and concludes that while there is little to suggest a strong pattern is developing, a guided pattern while incorrect doctrinally is preferable to the current …
Will The Wto Turn Green? The Implications Of Extending Observer Status To Multilateral Environmental Agreements, Richard L. Skeen
Will The Wto Turn Green? The Implications Of Extending Observer Status To Multilateral Environmental Agreements, Richard L. Skeen
ExpressO
This article addresses whether the WTO should extend permanent observer status to multilateral environmental agreements and analyzes the impact of injecting environmental issues into the multilateral trading system. The paper begins with a chronological analysis of the transition from the GATT governance of international trade to the formation of the WTO and will also examine influences upon the formation and the agenda of the Committee on Trade and the Environment. The discussion continues with a look at the Committee on Trade and the Environment’s first year of progress and discussion of the critical report entitled Special Studies 4: Trade and …
Global Governance, Antitrust, And The Limits Of International Cooperation, Paul B. Stephan
Global Governance, Antitrust, And The Limits Of International Cooperation, Paul B. Stephan
ExpressO
The contemporary world economy make it easier to produce and sell across national borders. The partition of transactions into separate geographical components in turn makes it easier to pick and choose regulatory regimes. Antitrust law has dealt with this problem for nearly a century. At one time it regarded the assignment of a transaction to a particular territory as a prerequisite for the application of its rules; lately it has required much less. As a result, overlapping national regulation has become the dominant structure. Overlapping regulation has its own problems. National regimes may impose inconsistent rules and pursue conflicting ends. …