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Full-Text Articles in Law
Exemptions Of Contract Liability Under The 1980 United Nations Convention, Wanki Lee
Exemptions Of Contract Liability Under The 1980 United Nations Convention, Wanki Lee
Penn State International Law Review
This article will primarily discuss the United Nations Sales Convention. In interpreting the Convention, the central problem is to what extent Article 79 of the Convention will apply to the various cases. Does it apply only to cases of "force majeure" or "impossibility," i.e., cases in which there is a barrier that prevents performance or makes it impracticable? Or does it apply to cases of "frustration" or "imprévision," i.e., cases in which there is no barrier but the circumstances are radically changed because of a contingency contrary to the basic assumption on which the contract was made? Even if Article …
Transition From The Domestic International Sales Corporation To The Foreign Sales Corporation: Form Without Substance, Elizabeth A, Horsman
Transition From The Domestic International Sales Corporation To The Foreign Sales Corporation: Form Without Substance, Elizabeth A, Horsman
Penn State International Law Review
This Note will first address the Domestic International Sales Corporation (DISC) mechanism for providing incentives to foreign export traders and the benefits enjoyed by DISC users. The discussion will then shift to an examination of criticisms levied against the DISC provisions by domestic and European sources. The next section will outline the Foreign Sales Corporation (FSC) legislation, and the following section will analyze its applicability to General Agreements on Tariffs and Trade (GATT) Council Rulings on the DISC. Finally, this Note will conclude that the FSC provisions will also draw GATT-EC attack as "illegal" trade practices by the United States.
Contract Formation Under The United Nations Convention On Contracts For The International Sale Of Goods And The Uniform Commercial Code, James Edward Joseph
Contract Formation Under The United Nations Convention On Contracts For The International Sale Of Goods And The Uniform Commercial Code, James Edward Joseph
Penn State International Law Review
The United Nations Convention on Contracts for the International Sale of Goods aspires to the role of a transcendent uniform law. In order to lend uniformity to international sales law, the Convention must reduce the necessity of resorting to domestic conflict rules to determine applicable law, and it must reduce forum shopping. The second section of this Comment is a brief history of the effort to unify international sales law. The third section is concerned with uniformity. The applicability of the Convention with regard to both forum shopping and reliance on domestic conflict rules will be discussed. Ratification procedures are …