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Full-Text Articles in Law
An 'Unconventional Truth': Conflict Of Laws Issues Arising Under The Cisg, Antonin I. Pribetic
An 'Unconventional Truth': Conflict Of Laws Issues Arising Under The Cisg, Antonin I. Pribetic
Antonin I. Pribetic
This article discusses the applicability of the CISG from a Canadian conflict of laws perspective - both in terms of jurisdiction and choice of law. The analysis is framed by providing an outline of the key jurisdictional and choice of law principles developed within Canadian jurisprudence. Following a brief contextual overview of the CISG, Articles 1(1) (a) and 1(1) (b) and Article 6 of the CISG are highlighted, with specific reference to recent Canadian and foreign judicial decisions and foreign arbitral awards involving Canadian parties. The article concludes with a clarion call to justice stakeholders, particularly, Canadian commercial lawyers and …
Realism, Neo-Realism And The Cisg: Harmonizing Values, Not Laws, Peter Mazzacano
Realism, Neo-Realism And The Cisg: Harmonizing Values, Not Laws, Peter Mazzacano
Peter Mazzacano
This article considers the Legal Realist theory of law within a global setting, that is, within the context of international law. Particularly, would the Realists have us believe that efforts to create uniform national laws through international treaties or conventions are subject to the same degree of uncertainty as domestic rule-making? In other words, can international conventions be as indeterminate as domestic legislation? Considering that the objective of uniform law conventions is to standardize judicial rule-making across jurisdictions appears to directly challenge the Realist notion that such laws are too indeterminate to be a significant influence on, or predictor of, …
Albert Kritzer: Pioneer Of Open Access To International Private Law, Marie Stefanini Newman
Albert Kritzer: Pioneer Of Open Access To International Private Law, Marie Stefanini Newman
Elisabeth Haub School of Law Faculty Publications
This essay explores the enormous contributions that Professor Albert H. Kritzer has made to the field of international commercial law through the creation of a unique and powerful database that explicates the United Nations Convention on Contracts for the International Sale of Goods (ClSG).
Funky Mussels, A Stolen Car, And Decrepit Used Shoes: Non-Conforming Goods And Notice Thereof Under The United Nations Sales Convention, Harry Flechtner
Funky Mussels, A Stolen Car, And Decrepit Used Shoes: Non-Conforming Goods And Notice Thereof Under The United Nations Sales Convention, Harry Flechtner
Articles
This is a draft of a paper that will appear in a forthcoming issue of the Boston University International Law Journal. This paper, which derives from comments delivered at a 2006 conference held at Istanbul (Turkey) Bilgi University, gives an overview of Part III, Chapter II, Section II of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This portion of the Convention encompasses provisions addressing a number of critical issues, including the seller's obligations concerning the quality (Article 35), title (Article 41) and intellectual property aspects (Article 42) of goods sold in a transaction governed …