Contracts Commons^™

Nachfrist Was Ist? Thinking Globally And Acting Locally: Considering Time Extension Principles Of The U.N. Convention On Contracts For The International Sale Of Goods In Revising The Uniform Commercial Code, John C. Duncan Jr

Journal Publications

This article examines the Nachfrist concept as it applies to the United Nations Convention on Contracts for the International Sale of Goods (CISG) and considers its potential application to the Uniform Commercial Code (UCC). Part II provides an overview of the applicability of the CISG to international sales contracts and compares some of its provisions with those found in the UCC. Part III discusses the difference between what constitutes breach under the UCC and the CISG and explains when Nachfrist applies to CISG contracts. Part IV takes a closer look at the UCC, considering the need for adding a new …

Microfinance And The Mechanics Of Solidarity Lending: Improving Access To Credit Throught Innovations In Contract Structure, Jameel Jaffer

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Sky Is Falling (Or Is It?): International Contracts And The Y2k Problem, Mark B. Baker

Vanderbilt Journal of Transnational Law

Y2K problems at this point in time are reasonably foreseeable due to the amount of attention given the subject. Contracting parties should examine potential Y2K problems arising internally and address them before January 1, 2000. Yet the extent of Y2K problems, be they widespread or solitary occurrences, remains unforeseeable and unpredictable. Even those parties having adequately addressed internal Y2K problems can experience difficulties due to external parties having failed to become Y2K-compliant. This "second tier" of unforeseeability supports the use of excused performance, but the "first tier" foreseeability that Y2K problems potentially exist prevent viable use of the defense. In …

The Cisg Convention And Thomas Franck's Theory Of Legitimacy, Anthony S. Winer

Faculty Scholarship

The Contracts for the International Sale of Goods (CISG) Convention is one of the most talked-about, and written-about, aspects of international commercial law. Ss time progresses, it may become evident that significant numbers of commercial actors and significant numbers of courts and other adjudicatory bodies are simply choosing not to apply the Convention. In such event, the question as to why there should be such a reluctance to adopt the Convention will present itself. This Article finds helpful perspective on this question in the work of international legal scholar Thomas Franck. Specifically, guidance is drawn from the theory of international …

The Cisg Convention And Thomas Franck's Theory Of Legitimacy, Anthony S. Winer

Northwestern Journal of International Law & Business

The Contracts for the International Sale of Goods (CISG) Convention is one of the most talked-about, and written-about, aspects of international commercial law. Ss time progresses, it may become evident that significant numbers of commercial actors and significant numbers of courts and other adjudicatory bodies are simply choosing not to apply the Convention. In such event, the question as to why there should be such a reluctance to adopt the Convention will present itself. This Article finds helpful perspective on this question in the work of international legal scholar Thomas Franck. Specifically, guidance is drawn from the theory of international …

Intervention And Joinder As Of Right In International Arbitration, S. I. Strong

Vanderbilt Journal of Transnational Law

For the purpose of this Article, an existing party is said to have a claim to join a third party into an arbitration as of right when (1) in the third party's absence, complete relief cannot be accorded among those already parties to the arbitration or (2) the third party asserts an interest relating to the subject of the arbitration and is so situated that the disposition of the arbitration in the third party's absence may (a) as a practical matter impair or impede the third party's ability to protect that interest or (b) leave any of the persons already …

The Unidroit Principles Of International Commercial Contracts And The Wto: Between An "International Restatement" And A "Globalization" Of Contract Law? A Review Of An International Restatement Of Contract Law: The Unidroit Principles Of International Commercial Contracts, Imtyaz M. Sattar

Indiana Journal of Global Legal Studies

No abstract provided.

Aspects Of The Uncitral Regimes For Procurement And For International Commercial Arbitration, And Government International Commercial Contracts In The Commonwealth Caribbean, Hugh A. Rawlins

Florida State University Journal of Transnational Law & Policy

No abstract provided.

International Jurisdiction In Products Liability Cases (Analysis Of Asahi And Post-Asahi Cases), Tsutomu Kuribayashi

LLM Theses and Essays

With the increase of foreign trade, there has also been an increase in the number of foreign manufacturers and distributors involved in product liability litigation in the United States. In many cases, the products from these foreign manufacturers and distributors reach the forum states through the stream of commerce, and are distributed to the customers by regional distributors, wholesalers, and retailers. Therefore, in many product liability cases where defective products from these foreign manufacturers and distributors cause injuries to people in the United States, those foreign companies do not have a direct relationship with the forum states. In these cases, …

Darkness In The Land Of The Rising Sun: How The Japanese Discriminate Against Ethnic Koreans Living In Japan, Paul E. Kim

Cardozo Journal of International and Comparative Law

The note examines the systemic discrimination faced by ethnic Koreans in Japan, rooted in historical, legal, and social structures. It argues that despite constitutional guarantees of equality, the Japanese judiciary and government perpetuate discrimination through restrictive nationality laws, naturalization processes, and the failure to enforce international human rights treaties effectively. The note advocates for legal reforms and international pressure to address these issues and ensure equal rights for ethnic minorities.

The Implications Of National Security Safeguards On The Commercialization Of Remote Sensing Imagery, Youssef Sneifer

Seattle University Law Review

This Comment offers a critique of the national security restrictions contained in the United States policy and regulations and the uncertainty they inject into the commercialization of remote sensing imagery. After providing a brief technical description of remote sensing technology and the market realities associated with remote sensing imagery, this Comment analyzes the legislation and regulations affecting the private sector's commercialization and dissemination of remote sensing imagery with a special emphasis on national security concerns. Specifically, it reviews the Clinton Administration's policy with regard to the commercialization of remote sensing imagery, tracing its origins to the international obligations of the …

Warranties Against Infringement In The Sale Of Goods: A Comparison Of U.C.C. § 2-312(3) And Article 42 Of The U.N. Convention On Contracts For The International Sale Of Goods, Joseph J. Schwerha Iv

Michigan Journal of International Law

Gone are the days of simple sales contracts. Today's corporate lawyers must have not only a substantial understanding of basic commercial law, but also of the related intellectual property law. Because of the shrinking global economy, such knowledge must rise to an international level.

Forum Selection And Choice Of Law Clauses In International Contracts: A United States Viewpoint With Particular Reference To Maritime Contracts And Bills Of Lading, Phillip A. Buhler

Articles, Book Chapters, & Popular Press

This Article approaches the topic of forum selection from a U.S. perspective. It is reasonable to expect, however, particularly with regard to bills of lading and maritime trade, that the approach of other nations toward international contracts is, or soon will be, very similar. For the sake of simplicity, "choice of law" and "choice of forum" will be addressed together, and referred to as either "choice of forum" or "forum selection." Many contracts only specify a particular forum, while others specify only the application of a particular law. U.S. courts and international conventions have generally taken the same approach to …

The Influence Of International Practice On The Revision Of Article 5 Of The Ucc, James J. White

Articles

The topic of this symposium is the influence that international law has had on domestic law of the United States. I believe that the story of the revision of Article 5 of the Uniform Commercial Code fits here, but some might dispute that. Although it is certainly fair to say that international practice-in a sense international law-was a powerful influence on the revision of Article 5 of the Uniform Commercial Code, that practice, and the way in which that influence was exerted were almost entirely sui generis to the letter of credit law, practice and history.

The Internationalization Of Contractual Conflicts Law, Patrick J. Borchers

Vanderbilt Journal of Transnational Law

Professor Borchers maintains that United States conflict of laws rules regarding contracts have long had an international character. This Article reviews the development of contractual conflicts law and examines how, through Joseph Story's treatises, the United States law in this area assumed an international perspective.

These international influences have played and will increasingly play an important role in the development of U.S. contractual conflicts rules. This influence can be seen in both choice-of-forum and choice-of-law agreements. Both have been upheld by U.S. courts initially in international cases, which presented starker contrasts in choice of law or choice of forum. Once …

A Pragmatic Strategy For The Scope Of Sales Law, The Statute Of Frauds, And The Global Currency Bazaar, Raj Bhala

Faculty Publications

No abstract provided.

Resolving Commercial Disputes In China: Foreign Firms And The Role Of Contract Law, Roy F. Grow

Northwestern Journal of International Law & Business

It is not my intention to explicate China's Foreign Economic Contract Law (FECL), the Joint Venture Law (JVL), or the Foreign Enterprise Income Tax Law (FEITL). The analysis of these codes has been done in great detail by others.' Instead, I will examine the actual behavior of the most important actors governed by this set of laws-the Chinese and foreign enterprises that work with one another and which must find ways to resolve their competing claims. In this study, I will examine the tension between Chinese and foreign firms by focusing on several specific and limited questions having to do …

Negotiation Of International Agreements: Legal And Practical Problems In The Third World Countries, Kuwayaway Stephen Stephen

LLM Theses and Essays

The purpose of this study was to investigate problems in negotiation of international agreements in Third World countries, to shed light on the salient features in negotiation agreements between developed and developing countries, and to propose measures to assess the situation. This study provides detailed description and techniques used in negotiating these agreements in international negotiations. The study reveals that when negotiating within unequal bargaining power, the weak party stands to lose because it enters the agreement without free will; consequently, the agreement becomes unenforceable. Three factors have been identified as being obstacles to freedom of contract, ie. The unequal …

Computer Software: Should The U.N. Convention On Contracts For The International Sale Of Goods Apply? A Contextual Approach To The Question, 11 Computer L.J. 197 (1991), L. Scott Primak

UIC John Marshall Journal of Information Technology & Privacy Law

This Article is organized along the following lines. Part I is a general discussion of the Convention. It includes a factual background, a discussion of principle provisions of the Convention, a description of the temporal and geographical spheres of application of the Convention. Part one also suggests the use of available tools for uniform application; and brings the topic of dissemination of interpretation of the Convention up to date. Although article 7 of the Convention generally states an approach to interpretation, further elucidation is necessary to ensure uniformity of application. Accordingly, Part II discusses the various approaches to treaty interpretation …

Consequential Damages In Contracts For The International Sale Of Goods And The Legacy Of Hadley, Arthur Murphey

Law Faculty Scholarship

No abstract provided.

Exemptions Of Contract Liability Under The 1980 United Nations Convention, Wanki Lee

Penn State International Law Review (1982 - 2011)

This article will primarily discuss the United Nations Sales Convention. In interpreting the Convention, the central problem is to what extent Article 79 of the Convention will apply to the various cases. Does it apply only to cases of "force majeure" or "impossibility," i.e., cases in which there is a barrier that prevents performance or makes it impracticable? Or does it apply to cases of "frustration" or "imprévision," i.e., cases in which there is no barrier but the circumstances are radically changed because of a contingency contrary to the basic assumption on which the contract was made? Even if Article …

A Colorado River Basin Authority: Opportunity For Sharing River Basin Management And Resources, David H. Getches

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

32 pages.

Contains references.

The Delaware River Basin: Courts, Compacts And Commissions, R. Timothy Weston

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

112 pages (includes illustrations and 1 map).

Contains references.

Interjurisdictional Relations Under Federal Water Quality Law: A Guide Through The Maze, Michael C. Blumm, Daniel Rohlf

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

53 pages.

Contains references.

Allocation And Use Of International Rivers: Recent Developments In International Law, Daniel Barstow Magraw

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

26 pages.

Contains references.

Allocating Groundwater Among Nations, States And Tribes, Ann Berkley Rodgers, Carolyn J. Abeita

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

70 pages.

The Colorado River Compact: A Breeding Ground For International, National, And Interstate Controversies, John U. Carlson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

38 pages.

Contains references.

Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.

This conference will provide the …

The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse

LLM Theses and Essays

While the United States’ common law system is characterized by diversity due to each state having its own set of rules, in certain areas there are nationwide legislative attempts of unification and standardization. One such attempt is the adoption of the Uniform Commercial Code which governs the sale of goods law in the United States. The French civil law system generally differs greatly from the American system in that it is primarily based upon statutes and codes. However, the American Uniform Commercial Code and the French Civil Code provide tangible, comparable bases to assess similarities and differences between American and …

Investment And Export Contracts In The People’S Republic Of China: Perspectives On Evolving Patterns, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

The remarkable economic reforms begun in the People's Republic of China (PRC) in 1979 have made possible transactions between Chinese and foreigners that were previously unthinkable. But the reforms have also caused, and are likely to continue to cause, dislocations and uncertainties which often impair Sino-foreign commercial relationships as they are embodied in contracts. This article discusses two different types of contracts, contracts to establish enterprises in China with foreign direct investment (investment contracts) and contracts to purchase Chinese products for export (export contracts). It further comments on why these contracts often cannot be implemented according to their terms for …