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Full-Text Articles in Law

Standards And The Law, Cary Coglianese Apr 2023

Standards And The Law, Cary Coglianese

All Faculty Scholarship

The world of standards and the world of laws are often seen as separate, but they are more closely intertwined than many professionals working with laws or standards realize. Although standards are typically considered to be voluntary and non-binding, they can intersect with and affect the law in numerous ways. They can serve as benchmarks for determine liability in tort or contract. They can facilitate domestic and international transactions. They can prompt negotiations over the licensing of patents. They can govern the development of forensic evidence admissible in criminal courts. And standards can even become binding law themselves when they …


Putting The Cisg Where It Belongs: In The Uniform Commercial Code, Kina Grbic May 2013

Putting The Cisg Where It Belongs: In The Uniform Commercial Code, Kina Grbic

Touro Law Review

No abstract provided.


Rise Of The Intercontinentalexchange And Implications Of Its Merger With Nyse Euronext, Latoya C. Brown Jan 2013

Rise Of The Intercontinentalexchange And Implications Of Its Merger With Nyse Euronext, Latoya C. Brown

Latoya C. Brown, Esq.

This paper examines the impending merger between the IntercontinentalExchange (ICE) and NYSE Euronext against the backdrop of the current structure of the global financial services industry. The paper concludes that the merger embodies what the financial services industry is becoming and captures the model that will allow exchanges to remain competitive in today’s marketplace: mega-exchanges with broader asset classes and electronic platforms. As technology and globalization threaten their vitality, exchanges will need to continue reinventing and adapting. Increasingly over the last decade they have done so by merging and by moving, at least a part of, their operations on screen. …


Turkey's Accession To The Cisg: The Significance For Turkey And For Sales Transactions With U.S. Contracting Parties, William P. Johnson Jan 2011

Turkey's Accession To The Cisg: The Significance For Turkey And For Sales Transactions With U.S. Contracting Parties, William P. Johnson

All Faculty Scholarship

The United Nations Convention on Contracts for the International Sale of Goods (CISG) entered into force for Turkey on August 1, 2011. This article considers the significance of Turkey’s accession to the CISG as part of Turkey’s continuing engagement with systems of international trade, especially as relates to sales transactions with U.S. contracting parties. This article urges the Turkish bar to recognize that the CISG is a viable alternative to various potentially applicable bodies of domestic sales law, and the article offers some guidance regarding proper understanding and application of the CISG. This article also offers comparative analysis of some …


Self-Enforcing International Agreements And The Limits Of Coercion, Robert E. Scott, Paul B. Stephan Jan 2004

Self-Enforcing International Agreements And The Limits Of Coercion, Robert E. Scott, Paul B. Stephan

Faculty Scholarship

International law provides an ideal context for studying the effects of freedom from coercion on cooperative behavior. To be sure, almost all academic discussions on the subject begin by asking whether international law constitutes "law." But the category of all "international law" is too big and heterogeneous to permit useful analysis. Whether to regard, say, the rules governing the conduct of war or international humanitarian law as "law" presents radically different issues than analyzing the legal character of the Treaty of Rome (the constitutive instrument of the European Community), or the Warsaw Convention (the instrument governing contracts for the carriage …


Non-Conforming Tender And Attempt At Cure: A Comparative Study Of The Uniform Code And The United Nations Convention On Contracts For The International Sale Of Goods, Wei Mou Jan 1993

Non-Conforming Tender And Attempt At Cure: A Comparative Study Of The Uniform Code And The United Nations Convention On Contracts For The International Sale Of Goods, Wei Mou

LLM Theses and Essays

The seller’s right to cure in case of a breach is an area of significance in domestic as well as international sales. In resolving conflict between trading parties due to the breach, the seller’s cure of the non-conforming tenders is generally recognized as the most effective and economically sound measure to avoid litigation costs, minimize damages, and time waste, and most importantly, achieve respective contractual purposes of the parties. This thesis will attempt to illustrate significant differences between CISG and U.C.C. as to basic policies governing of contract, remedies available to the buyer in response to the seller’s breach, and …


Insurance In The People's Republic Of China: Laws And Practice, Henry R. Zheng Jan 1987

Insurance In The People's Republic Of China: Laws And Practice, Henry R. Zheng

Vanderbilt Journal of Transnational Law

The insurance industry in the People's Republic of China (PRC) has expanded rapidly during the past several years. Since the end of 1979 when domestic insurance was reestablished, the income generated from insurance business has been increasing at a rate of over forty-four percent annually.' By early 1987, over 500,000 enterprises and business entities utilized property insurance and about 34 million people purchased personal insurance; during the first half of 1986 the total insurance earnings from the People's Insurance Company of China alone reached a record high of over 2.33 billion yuan. In the meantime, the insurance business has become …


Validity Of Contracts Under The United Nations Convention On Contracts For The International Sale Of Goods, Christoph R. Heiz Jan 1987

Validity Of Contracts Under The United Nations Convention On Contracts For The International Sale Of Goods, Christoph R. Heiz

Vanderbilt Journal of Transnational Law

Under article 4(a) of the CISG, domestic law governs if a sales contract's validity is at issue.' One must consult the conflict of laws provisions of private international law to determine which domestic law is applicable.

In contrast to the Convention, the Swiss Code of Obligations as well as relevant Swiss literature and jurisprudence clearly address the issue of contractual validity. Swiss contract law's error provisions are characterized as contract validity rules. If, for instance, a buyer claims that he erred on a certain fact that was a necessary basis for him to enter into an international sales contract under …


Book Review, I. I. Kavass Jan 1984

Book Review, I. I. Kavass

Vanderbilt Journal of Transnational Law

The legal aspects of international contracts for the sale of goods are intrinsically complex. First, the negotiation and performance of international contracts must frequently be conducted at a distance and with the assistance of many intermediaries. The rights and obligations of parties to an international sale are usually more manifold than those of a purely domestic sales transaction, and the effect and scope of these international rights and obligations must be determined by sophisticated mercantile rules which are not present in all legal systems. Second, because an international sales transaction extends beyond the boundaries of one country, it is invariably …


Communist China's Foreign Trade Contracts And Means Of Settling Disputes, Gene T. Hsiao Apr 1969

Communist China's Foreign Trade Contracts And Means Of Settling Disputes, Gene T. Hsiao

Vanderbilt Law Review

International trade involves a host of legal problems. Basic among these are the institution of contracts and the principles of settling disputes. Nations may enter into trade treaties and agreements to define and regulate their commercial relations, but actual transactions are always concluded on the basis of contracts. In the case of disputes arising from these contracts, the parties often resort to conciliatory or arbitrary means instead of court litigation. Communist China has over the course of the past eighteen years established trade relations with more than 120 countries and regions. In so doing, the Peking regime has relied upon …


Lectures On The Conflict Of Laws And International Contracts, University Of Michigan Law School Jan 1951

Lectures On The Conflict Of Laws And International Contracts, University Of Michigan Law School

Summer Institute on International and Comparative Law

The lectures contained in this volume were delivered at Ann Arbor in the course of the sessions of the Summer Institute on International and Comparative Law under the auspices of the University of Michigan Law School, August 5 to 21, 1949. As a part of the institute program that has been inaugurated with the encouraging support not merely of the Faculty of the Law School but also of many interested members of the bar - a program designed to supplement the ordinary course of legal studies through the exploration of "frontiers of the law" in lectures and discussions delivered or …