scholarly journals DOMESTICATION OF THE CISG: EXAMPLES FROM A FEW JURISDICTIONS

2020 ◽  
Vol 38 (1) ◽  
Author(s):  
Vjosa Osmani-Sadriu
Keyword(s):  
International Trade ◽  
Contract Law ◽  
Interesting Case ◽  
Nordic Countries ◽  
Reform Process ◽  
International Treaty ◽  
Sales Contracts ◽  
Model Law ◽  
The Impact ◽  
Domestic Law

The importance and influence of the CISG as an international treaty should not only be assessed from the perspective of the number of ratifications it received from around the globe. It should, rather, also include an analysis of the impact the Convention has had on domestic jurisdictions, either by being used as a model law for domestic sales law, or simply by influencing the reform process while different countries were drafting their new contract law. For that reason, this paper shall present a number of examples where the effect of the CISG has gone beyond its initial purpose of creating uniform rules in international trade. This paper initially shows the interesting case of Kosovo, where the text of the CISG was used as domestic law for sales contracts for more than a decade. It further shows some other examples, from Nordic countries and beyond, where the CISG was either used as a model for domestic sales or as a source of inspiration for drafting contract law.

scholarly journals Regulative Strategies in Arbitration Law Uncitral Model Law on International Commercial Arbitration (UNCITRAL) compared with Arbitration Law of the People's Republic of China

2017 ◽  
Vol 17 (32) ◽  
pp. 99
Author(s):  
Anna Trosborg
Keyword(s):  
Contract Law ◽  
Commercial Arbitration ◽  
Modal Verbs ◽  
Republic Of China ◽  
The Law ◽  
Legal Domain ◽  
Model Law ◽  
Everyday Communication ◽  
Domestic Law ◽  
Different Parts

This paper is concerned with the laying down of the law in international and domestic arbitration. Interest centres on regulative and constitutive functions, and an analysis of realisation patterns of regulative (directive) acts is reported. The focus is on the linguistic realisation patterns of obligation, prohibition, and permission in terms of modal verbs and constitutive rules.The findings show that the language of the law characteristically select patterns of directives which are specific to the legal domain. Face redress typically used in everyday communication as well as business interaction is not a device used in arbitration law. Moreover, the linguistic devices employed differ as regards different parts of the law. Modal verbs are typically applied for action rules, whereas constitutive rules are mainly reserved for stipulation rules and definition rules.The analysis offers a comparison of Unicitral Model Law and domestic law. Finally, attention is paid to the adequacy of the chosen linguistic realisation patterns as regards simplification/ easifi cation of legal expressions. The results are compared to those obtained in a previous study of Contract Law.   

scholarly journals THE IMPACT OF COVID-19 ON THE PERFORMANCE OF INTERNATIONAL COMMERCIAL CONTRACTS FOR THE SALE OF GOODS – FORCE MAJEURE AND HARDSHIP

2020 ◽  
Author(s):  
Ljuben Kocev
Keyword(s):  
International Trade ◽  
Negative Impact ◽  
Health Impact ◽  
Sales Contracts ◽  
Legal Perspective ◽  
Full Effect ◽  
Force Majeure ◽  
Entire World ◽  
The Impact ◽  
International Sales

The outbreak of COVID-19 has had massive negative impact across all industries and fields in the entire world. While the negative health impact is slowly stabilizing, the economic impact is in full effect and the harm is yet to be evaluated. On macroeconomic level, the necessary measures for combating the pandemic which were undertaken by governments have significantly restricted international trade. On microeconomic level, merchants and businesses are faced with inability or extreme obstacles in their daily operations and particularly in performing their international sales contracts. Failure to perform results in contractual breach and unwanted claims for damages. The paper addresses the impact which COVID-19 has on the performance of international commercial contracts for the sale of goods. The paper considers the impediments which may arise due to the pandemic outbreak and evaluates them from a legal perspective under the UN Convention on Contracts for the International Sale of Goods from 1980 (CISG), which is the main legal instrument governing international sales contracts. Particularly, the paper focuses on the question of exemption from liability in a situation where either of the contractual parties fails to perform and breaches an obligation. The evaluation is conducted through interpretation of the concepts of force majeure and hardship, as grounds for non-performance or contract renegotiation in light of the current situation.

International trade: Research of the reasons for the fall

2019 ◽  
pp. 79-91 ◽  
Author(s):  
V. S. Nazarov ◽  
S. S. Lazaryan ◽  
I. V. Nikonov ◽  
A. I. Votinov
Keyword(s):  
Growth Rate ◽  
International Trade ◽  
Exchange Rate ◽  
Global Economy ◽  
Structural Changes ◽  
Global Value Chains ◽  
Value Chains ◽  
Negative Contribution ◽  
Basic Commodity ◽  
The Impact

The article assesses the impact of various factors on the growth rate of international trade. Many experts interpreted the cross-border flows of goods decline against the backdrop of a growing global economy as an alarming sign that indicates a slowdown in the processes of globalization. To determine the reasons for the dynamics of international trade, the decompositions of its growth rate were carried out and allowed to single out the effect of the dollar exchange rate, the commodities prices and global value chains on the change in the volume of trade. As a result, it was discovered that the most part of the dynamics of international trade is due to fluctuations in the exchange rate of the dollar and prices for basic commodity groups. The negative contribution of trade within global value chains in 2014 was also revealed. During the investigated period (2000—2014), such a picture was observed only in the crisis periods, which may indicate the beginning of structural changes in the world trade.

HARMONISING PUBLIC PROCUREMENT IN THE SADC

2014 ◽  
Vol 1 (1) ◽  
pp. 90-109
Author(s):  
Stephen De la Harpe
Keyword(s):  
International Trade ◽  
Free Trade ◽  
Public Procurement ◽  
Developed Countries ◽  
Government Procurement ◽  
Substantial Part ◽  
Private Industry ◽  
Regional Competition ◽  
Model Law ◽  
Opening Up

The promotion of international trade is seen as one of the important instruments to ensure development in developing nations and regions. The history of the World Trade Organisation (WTO) and the drafting of many regional and similar international trade agreements are evidence of this. The Southern African Development Community (SADC) is no exception.1 It is therefore strange that many states that are members of the WTO and actively encourage the opening up of international borders to free trade do not include public procurement2 in such free trade arrangements. This is particularly evident in developing states. If the WTO Government Procurement Agreement (GPA), which is a plurilateral agreement, is considered it is clear that many states do not wish to open their internal markets to competition in the public procurement sphere. It is therefore not surprising that public procurement has been described as the last rampart of state protectionism (Ky, 2012). Public procurement is an important segment of trade in any country (Arrowsmith & Davies, 1998). It is estimated that public procurement represents between 10% and 15% of the gross domestic product (GDP) of developed countries and up to 25% of GDP in developing states (Wittig, 1999). Unfortunately, governments often expect private industry to open up national markets for international competition but do not lead the way. Except for the limited use of pooled procurement,3 no specific provision is at present made for the harmonisation and integration of public procurement in the SADC. In view of the proximity of the member states, the interdependency of their economies and the benefits that can be derived from opening up their boundaries to regional competition in public procurement, the possibility of harmonisation and deeper integration in this sphere needs to be given more attention. The importance of public procurement in international trade and regional integration is twofold: first, it forms a substantial part of trade with the related economic and developmental implications; secondly, it is used by governments as an instrument to address socio-economic issues. Public procurement spending is also important because of its potential influence on human rights, including aspects such as the alleviation of poverty, the achievement of acceptable labour standards and environmental goals, and similar issues (McCrudden, 1999). In this article the need to harmonise public procurement in the SADC in order to open up public procurement to regional competition, some of the obstacles preventing this, and possible solutions are discussed. Reference is made to international instruments such as the United Nations Commission on International Trade Law (UNCITRAL), the Model Law on Public Procurement and the GPA. In particular, the progress made in the Common Market for Eastern and Southern Africa (COMESA) with regard to the harmonisation of public procurement, which was based on the Model Law, will be used to suggest possible solutions to the problem of harmonising public procurement in the SADC.

The impact of exchange rate on price and export of agricultural production

2018 ◽  
Vol 1 (4) ◽  
pp. 9-18
Author(s):  
Rasulov Tulkin Sattarovich ◽  
Khushvaktov Kuvonchbek Ravshanovich
Keyword(s):  
International Trade ◽  
Exchange Rate ◽  
Agricultural Production ◽  
Global Economy ◽  
Agricultural Economics ◽  
Agricultural Products ◽  
Pivotal Role ◽  
Price Formation ◽  
International Trade Laws ◽  
The Impact

In today’s world of swiftly increasing global economy and continuously changing international trade laws and technology exchange rate plays a pivotal role in the production, price formation, export and import of agricultural products. For many years exchange rate as an integral part of agricultural economics has been ignored. The present study was intended to investigate exchange rate as an impacting factor on the agricultural production. It also considers the researches that have been carried about the impact of the exchange rate on prices and export of agricultural products, theirs analyses and how much impact it has in the situation of Uzbekistan.

The Impact of International Trade on Wage Inequality in Argentina (1998-2006)

2010 ◽  
Author(s):  
Claudio Fernández Macor ◽  
Néstor Perticarari ◽  
Carlos Beltrán
Keyword(s):  
International Trade ◽  
Wage Inequality ◽  
The Impact

The Domestication of the Convention on the Rights of Persons with Disabilities

2018 ◽  
Author(s):  
Lisa Waddington
Keyword(s):  
Direct Effect ◽  
Legal Status ◽  
Case Law ◽  
Legal Systems ◽  
Persons With Disabilities ◽  
International Treaty ◽  
Four Dimensions ◽  
Relevant Case ◽  
Similarities And Differences ◽  
Domestic Law

This chapter reflects on jurisdiction-specific approaches to the domestication of the Convention on the Rights of Persons with Disabilities (CRPD), considering in particular the domestic legal status of the CRPD and the relevance of that legal status for case law. The chapter explores four dimensions of the CRPD’s legal status: direct effect; indirect interpretative effect (where the CRPD influences the interpretation given to domestic law); use of the CRPD because of commitments to another international treaty; and absence of domestic legal status. With the exception of the first category, all dimensions can potentially present themselves in legal systems which tend towards the monist approach as well as in those which tend towards the dualist approach. The chapter discusses examples of relevant case law and reflects on similarities and differences emerging from a comparison of that case law.

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