Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- CISG (3)
- Contracts (2)
- UNCITRAL (2)
- Albert H. Kritizer (1)
- Arbitration (1)
-
- Article 16(3) (1)
- Article 35 (1)
- Article 79 (1)
- CISG Article 35 (1)
- CISG Article 79 (1)
- CITES (1)
- Choice of remedies (1)
- Conformity (1)
- Convention on International Trade in Endangered Species of WIld Fauna and Flora (1)
- Excuse doctrines (1)
- GATS (1)
- General Agreement on Trade in Services (1)
- German law (1)
- Germany (1)
- Goods (1)
- Hardship (1)
- Impediment (1)
- International trade law (1)
- Kritzer (1)
- Marine ecosystems (1)
- Maritime transport (1)
- Model law (1)
- PECL (1)
- PICC (1)
- Pace Law School (1)
Articles 1 - 6 of 6
Full-Text Articles in International Trade Law
An International Sos (Save Our Sharks): How The International Legal Framework Should Be Used To Save Our Sharks, Crystal Green
An International Sos (Save Our Sharks): How The International Legal Framework Should Be Used To Save Our Sharks, Crystal Green
Pace International Law Review
The purpose of this Article is to shed light on the plight on sharks in international and domestic waters. An estimated 100 million sharks are killed every year. The cruel and wasteful practice of shark finning is responsible for a large portion of those killings. Shark fins are the most valuable part of the shark, because they are used as the key ingredient – and namesake – in an Asian delicacy known as “shark fin soup.” This Article opens with background information on the dire situation sharks are facing in our oceans, and how the depletion of these top predators …
Preclusion Of Remedies Under Article 16(3) Of The Uncitral Model Law, Nata Ghibradze
Preclusion Of Remedies Under Article 16(3) Of The Uncitral Model Law, Nata Ghibradze
Pace International Law Review
In search of actual consequences of (mis)use of the available remedies, Chapter II of the foregoing article starts by exploring whether the Model Law implies “choice of remedies” policy by examining its travaux préparatoires (hereinafter “travaux”). It also seeks to determine existence of “alternative system of defences” at cross-border level between remedies at the seat of arbitration and in the enforcement country. Chapter III engages in a determination of general framework of preclusions under the Model Law by analyzing specific provisions such as Article 4, 13 and 16(2).
Chapter IV, by analyzing the travaux, determines the primary purpose of the …
Contractual Excuse Under The Cisg: Impediment, Hardship, And The Excuse Doctrines, Larry A. Dimatteo
Contractual Excuse Under The Cisg: Impediment, Hardship, And The Excuse Doctrines, Larry A. Dimatteo
Pace International Law Review
This article will examine the law of excuse as espoused in the Convention on Contracts for the International Sale of Goods (CISG). It will examine the relevant case law applying the doctrine of impediment found in CISG Article 79. The question posed in this analysis is whether the word “impediment” relates only to the occurrences of force majeure, impossibility and frustration of purpose events or if it also includes changed circumstances, impracticability and hardship events. For purposes of simplicity, the first set of excuse or exemption doctrines will be analyzed under the heading of “impossibility” and the second set will …
The Conformity Of The Goods To The Contract In International Sales, Villy De Luca
The Conformity Of The Goods To The Contract In International Sales, Villy De Luca
Pace International Law Review
The present article aims to provide a general overview on the issue of conformity of the goods to the contract as regulated by Article 35 of the Convention on Contracts for the International Sales of Goods (“CISG”).
The analysis will focus on Article 35 CISG and, after having retraced the history that led to the current formulation of the provision, will concentrate on the implications following the adoption of a “unitary” notion of conformity. The evaluation will proceed focusing on the single express and implied conformity obligations covered, respectively, in the first and second paragraphs of Article 35 CISG.
The …
Is The Albert H Kritzer Database Telling Us More Than We Know?, Thomas Neumann
Is The Albert H Kritzer Database Telling Us More Than We Know?, Thomas Neumann
Pace International Law Review
This article is the first in a series of articles attempting to provide a geographical and temporal overview of the application practice of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In this first article, the success of CISG is explored. The article develops the idea of using the Albert H. Kritzer Database to achieve an overview of the success of the Convention in practice. It is argued that the success of the Convention is useful to measure by its uniformity in practice, and therefore a set of criteria relating to the Convention’s application by …
Transportation, Cooperation And Harmonization: Gats As A Gateway To Integrating The Un Seaborne Cargo Regimes Into The Wto, Lijun Zhao
Pace International Law Review
This paper seeks to analyze how the World Trade Organization (WTO) may cooperate with the United Nations (UN) to unify sea-borne cargo regimes. Beginning with the current dilemma of uni-form maritime transport regime, the paper explores the relation-ship between the UN and the WTO. In light of the successful precedent of the incorporation of the UN intellectual property re-gime into the WTO, this paper probes into the feasibility that the UN and the WTO may interactively unify a maritime transport regime by reference to selected previous treaties, which include UN-administrated treaties. This paper argues the WTO-based sea transport negotiations do …