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Introduction Symposium: Reflections On The International Unfication Of Sales Law, Richard E. Speidel
Introduction Symposium: Reflections On The International Unfication Of Sales Law, Richard E. Speidel
Northwestern Journal of International Law & Business
It was a bright morning in early January 1988. George, a commercial lawyer and partner in a leading Chicago law firm, was sipping coffee and paging through the newspaper. On page fifteen a small item caught his eye: "On January 1, 1988, the United Nations Convention on Contracts for the International Sale of Goods became effective in the United States. The Convention is now the supreme law of the land without the need for implementing legislation enacted by both houses of Congress. It governs offers made and contracts concluded after its effective date in the United States."'
Stepchild Of The New Lex Mercatoria: Private International Law From The United States Perspective Symposium: Reflections On The International Unfication Of Sales Law , Francis A. Gabor
Stepchild Of The New Lex Mercatoria: Private International Law From The United States Perspective Symposium: Reflections On The International Unfication Of Sales Law , Francis A. Gabor
Northwestern Journal of International Law & Business
This Article briefly assesses the potential implementation of the Hague Draft Convention from the standpoint of the United States interest in the worldwide unification of international trade law and concludes that United States interests would be well served by adoption of the Hague Draft Convention.
Commentary On Professor Gabor's Stepchild Of The New Lex Mercatoria Symposium: Reflections On The International Unfication Of Sales Law , Willis L. M. Reese
Commentary On Professor Gabor's Stepchild Of The New Lex Mercatoria Symposium: Reflections On The International Unfication Of Sales Law , Willis L. M. Reese
Northwestern Journal of International Law & Business
welcome Professor Gabor's analyses of the Hague Draft Convention. 1 The Convention is a natural sequel to the United Nations Sales Convention, which has been ratified by the United States and came into effect on January 1st of this year. This latter convention deals with the substantive law of sales and is designed to play a role for the entire world similar to the one played by the Uniform Commercial Code in the United States. Undoubtedly, many states will be slow to ratify the Sales Convention, and some will not do so at all. Thus, implementation of rules addressing the …
Unification And Community: A Rhetorical Analysis Of The United Nations Sales Convention Symposium: Reflections On The International Unfication Of Sales Law , Amy H. Kastely
Northwestern Journal of International Law & Business
In evaluating the constitutive nature of language and of particular texts, rhetorical analysis focuses attention on the nature of the community formed by a text, on its points of coherence and on its potential vulnerabilities. By emphasizing the importance of author, audience, language, and the occasions for discourse, rhetoric provides a way to explore the constitutive power of a text. When applied to the Sales Convention, rhetoric provides a useful analytic tool that allows one to understand theachievements of the Convention and to explore its weaknesses. This Article pursues such a rhetorical analysis of the Convention. Section II discusses the …
Commentary On Professor Kastely's Rhetorical Analysis Symposium: Reflections On The International Unfication Of Sales Law , Peter Winship
Commentary On Professor Kastely's Rhetorical Analysis Symposium: Reflections On The International Unfication Of Sales Law , Peter Winship
Northwestern Journal of International Law & Business
I am pleased to add Professor Kastely's Article1 to my growing collection of English-language commentaries on the Sales Convention. Many of the early commentaries are descriptive. They sketch the background and present status of the Convention and then provide a doctrinal gloss to all or part of the text. Recent commentaries are more diverse, and while the descriptive pieces continue, some of the recent literature probes the Convention text more deeply, frequently approaching it from new perspectives. Professor Kastely's rhetorical analysis of the Convention text clearly falls among these more provocative commentaries. I commend in particular her identification and discussion …
Exchange Losses From International Electronic Funds Transfers: Time To Unify The Law, John S. Santa Lucia
Exchange Losses From International Electronic Funds Transfers: Time To Unify The Law, John S. Santa Lucia
Northwestern Journal of International Law & Business
This Comment is divided into four parts. Section II briefly characterizes the nature of the foreign exchange loss problem in EFTs.24 Section III broadly reviews the current law respecting exchange losses and discusses the increased complexity of the exchange loss problem due to the introduction of message-switching and clearinghouse intermediaries in EFTs.25 Section IV reviews and evaluates the proposal to extend the SWIFT interest loss allocation rules to the exchange loss problem, ultimately concluding that the proposal does not sufficiently resolve the exchange problem as it relates to EFT intermediaries.26 Finally, Section V presents two alternatives to deal specifically and …