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Articles 1 - 4 of 4
Full-Text Articles in Law
Between Power Politics And International Economic Law: Asian Regionalism, The Trans-Pacific Partnership And U.S.-China Trade Relations, Jiangyu Wang
Pace International Law Review
This Article examines the interactions of power politics and international economic law in the development of regionalism in Asia, particularly in the context of United States-China trade relations. It argues that the process of regional economic integration in Asia has been slow-moving because of the politicization of regionalism by power rivalries. China’s initial regional integration initiatives apparently ignored the United States, a superpower which has always been a major player in Asia and an indispensable part of the region’s economic process. The United States-led Trans-Pacific Partnership was allegedly designed to exclude China, Asia’s largest economy. On the other hand, the …
Cisg Article 79: Exemption Of Performance, And Adaptation Of Contract Through Interpretation Of Reasonableness-Full Of Sound And Fury, But Signifying Something, Yasutoshi Ishida
Cisg Article 79: Exemption Of Performance, And Adaptation Of Contract Through Interpretation Of Reasonableness-Full Of Sound And Fury, But Signifying Something, Yasutoshi Ishida
Pace International Law Review
Article 79 of the CISG provides that “[a] party is not liable for a failure to perform any of his obligations” if the party has encountered a certain impediment defined therein. It was once depicted as “the Convention’s least successful part of the half-century of work.” It has been thirty years since the CISG took effect. However, the interpretation of Article 79 is as old and unsuccessful as ever. For one thing, it has long been interpreted against our intuition, not to exempt a party from specific performance claims. For another, the controversy has long continued unsettled over whether a …
Penalty Clauses – What Has Changed?, Bruno Zeller
Penalty Clauses – What Has Changed?, Bruno Zeller
Pace International Law Review
Building on two seminal cases that consider the character of penalty clauses, Paciocco v Australia and New Zealand Banking Group Ltd from Australia and Cavendish Square Holding BV v. Talal El Makdessi from England, this Article sheds a new light on the treatment of fixed sums and argues that the view on whether penalty clauses are governed by the CISG requires new considerations. Importantly, this Article demonstrates a two-step approach to the analysis of penalty clauses: 1) whether the sum in question is penal in nature, and 2) if so, whether the CISG determines the fate of the penalty clause …
Gmos, International Law And Indigenous Peoples, Casandia Bellevue
Gmos, International Law And Indigenous Peoples, Casandia Bellevue
Pace International Law Review
This Article sprung from a desire to discover why—despite scientific uncertainty and the oft-cited precautionary principle in international law—genetically modified organisms are still allowed to spread via international trade and natural ecological cycles. While exploring this topic, it did not take long to come across the environmental justice impacts of genetically modified crops, and their particularly disparate impact upon indigenous peoples across the globe. Not only are GMOs threatening biodiversity and our planet, but also the very existence and cultural foundations of many indigenous groups.
This Article seeks to answer the following questions: What are the international agreements that can …