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Transnational Law

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Transnational Law

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Full-Text Articles in Law

Resolving Property Claims In A Post-Socialist Cuba, Kern Alexander, Jon L. Mills Aug 2015

Resolving Property Claims In A Post-Socialist Cuba, Kern Alexander, Jon L. Mills

Jon L. Mills

This Article analyzes some of the major Cuban and international legal issues confronting U.S. and Cuban claimants whose property was expropriated by the Cuban government. Part II reviews the history of the Cuban nationalizations and examines the historical development of the property protection provisions of the Cuban Constitution. Part III analyzes the implications of deciding which Cuban legal system should apply to the claims of expropriated property owners.

Part IV discusses the legal and procedural barriers to recovering expropriated property, focusing upon international law of claimant eligibility, abandonment of property, and compensation to expropriated investors. This Part also analyzes both …


Cisg Translation Issues: Reducing Legal Babelism, Claire M. Germain Dec 2014

Cisg Translation Issues: Reducing Legal Babelism, Claire M. Germain

Claire Germain

The CISG (Convention on Contracts for the International Sale of Goods) has remarkably facilitated commercial transactions across boundaries and different legal systems. This article, to be published as a Book Chapter, discusses some possible difficulties caused by using different languages, or words which might be interpreted differently, and some solutions and ways to deal with these difficulties. Three kinds of issues have appeared: the first has to do with drafting issues, and the peculiar problem of the six official languages of the Convention. The second set of issues deals with the interpretation of the Convention and the so-called homeward trend. …