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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 …


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 …