Law Commons^™

Non-Conformity Of Goods In Light Of Cisg, Unidroit Principles And The Palestinian Commercial Law Draft, Amin Dawwas

UAEU Law Journal

This research deals with non-conformity of goods under the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) in terms of concept, criteria and timing. It also addresses the duties of the buyer upon taking over the goods, whether examination of the goods or giving notice to the seller of the non- conformity. Besides this research deals with all legal effects of non-conformity, whether the remedies the buyer has in such situations or the right of the seller to cure the non-conformity. It also covers all legal effects of the buyer’s failure to respect his duties, …

Identifying Fundamental Breach Of Articles 25 And 49 Of The Cisg: The Good Faith Duty Of Collaborative Efforts To Cure Defects - Make The Parties Draw A Line In The Sand Of Substantiality, Yasutoshi Ishida

Michigan Journal of International Law

Article 49(1) of the CISG allows buyers of international goods to avoid their sales contracts “if the failure by the seller to perform . . . amounts to a fundamental breach.” A breach is “fundamental,” as defined by CISG article 25, when it causes the buyer such detriment “as substantially to deprive him of what he is entitled to expect under the contract.” This definition is followed by the so-called “foreseeability test,” an “unless” clause that excepts the situation where “the party in breach did not foresee[,] and a reasonable person of the same kind in the same circumstances would …

Trade, Most-Favored-Nation Status: The 1975 Agreement With Romania On Trade Relations, Thad W. Simons Jr.

Georgia Journal of International & Comparative Law

No abstract provided.

Global Value Chains And Resource Corridors: The Nexus Is Regional Integration, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

To be more involved in the global value chains, sub-Saharan African countries should intensify their regional integration efforts. A first step in this direction can be implementing cross-border resource-based development corridors.

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 …

Customs Valuation In The European Economic Community, William M. Snyder

Georgia Journal of International & Comparative Law

No abstract provided.

Freedom Of Transit And The Right Of Access For Land-Locked States: The Evolution Of Principle And Law, A. Mpazi Sinjela

Georgia Journal of International & Comparative Law

No abstract provided.

The United States-Canada Free Trade Agreement: Exporting Art By The Numbers, James A.R. Nafziger, Mary P. Rooklidge

Pepperdine Law Review

No abstract provided.

"Arbitration As A Final Award: Challenges And Enforcement" Published As Chapter 10 In International Sales Law And Arbitration: Problems, Cases, And Commentary, Jack M. Graves, Joseph F. Morrissey

Scholarly Works

No abstract provided.

Regulatory Purpose And 'Like Products' In Article Iii:4 Of The Gatt (With Additional Remarks On Article Ii:2), Donald H. Regan

Articles

In European Communities-Measures Affecting Asbestos and Asbestos-Containing Products (EC-Asbestos) the Appellate Body has told us that (1) in interpreting Article 111:4 of the General Agreement on Tariffs and Trade (GATT), we must take explicit account of the policy in Article 111:1 that measures should not be applied "so as to afford protection to domestic production" [hereafter just "so as to afford protection"]. In Chile--Taxes on Alcoholic Beverages (Chile--Alcohol) the Appellate Body has told us that (2) in deciding whether a measure is applied "so as to afford protection", we must consider "the purposes or objectives of a Member's legislature and …

Ec Customs Classification Rules: Should Ice Cream Melt?, Edwin A. Vermulst

Michigan Journal of International Law

This Article will demonstrate that these classification conflicts seldom have definitive solutions by examining European Community (EC or Community) classification rules in light of the international framework. This approach is justified because the EC's customs classification system, centered on the Combined Nomenclature (CN), is based on the most commonly used international system of classification, the Harmonized System (HS).

Panel Discussion: Europe 1992, Eric Stein, Jochen A. Frowein, Jacques J.H.J. Bourgeois, Edwin Vermulst, Reinhard Quick

Michigan Journal of International Law

Transcript of a panel on Europe in 1992.

Gatt And The European Community: A Formula For Peaceful Coexistence, Frederick M. Abbott

Michigan Journal of International Law

This article addresses the relationship between the GATT, the European Community and other RTAs as and when trade in services and other "new areas" are incorporated into the GATT framework. The article first discusses the conceptual justifications for RTAs (as an alternative to utopian global free trade) in order to provide background for considering whether the privileges accorded RTAs under the existing GATT framework should be extended to new areas and, if so, how far. It is observed that "state of the art" tools of economic analysis do not provide adequate guidance as to the global welfare costs or benefits …

The Sale Of A Unique Object In The Open Market, Kenneth S. Gallant

Faculty Scholarship

No abstract provided.

Hidden Agenda: The Expansion Of Product Scope In International Trade Proceedings, Timothy A. Harr

Michigan Journal of International Law

Part II of this Article examines current legal standards. It concludes that U.S. product scope rulings are nominally made pursuant to a set of objective legal/factual standards, but that because of the breadth of these standards, the Commerce Department has considerable discretion in making such decisions. Part III examines recent Commerce Department product scope rulings, which highlights a policy goal of prevention of evasion by foreign suppliers. The Department, which technically has no authority to expand the product scope and no formal authority to consider evasion, is uncomfortable with this current situation. This has caused the Administration to propose amendments …

Honnold: Unification Of The Law Governing International Sales Of Goods, E. Allan Farnsworth

Michigan Law Review

A Review of Unification of the Law Governing International Sales of Goods edited by John Honnold