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Clive M Schmitthoffs Select Essays On International Trade Law
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Book Synopsis Clive M. Schmitthoff's Select Essays on International Trade Law by : Clive Maximilian Schmitthoff
Download or read book Clive M. Schmitthoff's Select Essays on International Trade Law written by Clive Maximilian Schmitthoff and published by BRILL. This book was released on 1988-01-01 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Essays for Clive Schmitthoff by : John Adams
Download or read book Essays for Clive Schmitthoff written by John Adams and published by Lexis Law Publishing (Va). This book was released on 1983 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Towards a New CISG by : Leandro Tripodi
Download or read book Towards a New CISG written by Leandro Tripodi and published by BRILL. This book was released on 2015-12-04 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Towards a New CISG contains a proposal for the adoption of a Convention on the International Sale of Goods and Services, as a substitute for the 1980 Vienna Sales Convention.
Book Synopsis International Trade Usages by : Clive Macmillan Schmitthoff
Download or read book International Trade Usages written by Clive Macmillan Schmitthoff and published by . This book was released on 1987 with total page 75 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Regulatory Hybridization in the Transnational Sphere by : Paulius Jur Ys
Download or read book Regulatory Hybridization in the Transnational Sphere written by Paulius Jur Ys and published by Martinus Nijhoff Publishers. This book was released on 2013 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines hybridization as a defining phenomenon of regulatory frameworks in the transnational sphere. The contributions illustrate that globalization contributes to blurring the distinctions between national and international, public and private law; and that hybridization therefore necessitates a rethinking of fundamental legal concepts.
Book Synopsis Uniform Law for International Sales Under the 1980 United Nations Convention by : John Honnold
Download or read book Uniform Law for International Sales Under the 1980 United Nations Convention written by John Honnold and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: În explicit recognition of Professor Honnold's unique understanding of the Convention's development and the issues that occupied those who drafted and finalized the text, the substantial new textual material incorporated into this new edition is set in bold italics, allowing the reader to distinguish the work of the editor from text preserved from earlier editions, and thus identifying the material that carries Professor Honnold's special authority. Over three decades Professor Honnold's almost intuitive grasp of the instrument has guided governments, tribunals, scholars and practitioners towards an enlightened international understanding of the treaty. This new edition provides tribunals, practitioners, and scholars with even more invaluable insights into the meaning of each article of the Convention.
Book Synopsis Schmitthoff's Export Trade by : Clive Macmillan Schmitthoff
Download or read book Schmitthoff's Export Trade written by Clive Macmillan Schmitthoff and published by Sweet & Maxwell Uk. This book was released on 1990-01-01 with total page 798 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Czech (& Central European) Yearbook of Arbitration - Borders of Procedural and Substantive Law in Arbitral Proceedings - 2013 by : Alexander J. Bělohlávek
Download or read book Czech (& Central European) Yearbook of Arbitration - Borders of Procedural and Substantive Law in Arbitral Proceedings - 2013 written by Alexander J. Bělohlávek and published by Juris Publishing, Inc.. This book was released on 2013-03-01 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Czech Yearbooks Project, for the moment made up of the Czech Yearbook of International Law® and the Czech (& Central European) Yearbook of Arbitration®, began with the idea to create an open platform for presenting the development of both legal theory and legal practice in Central and Eastern Europe and the approximation thereof to readers worldwide. This platform should serve as an open forum for interested scholars, writers, and prospective students, as well as practitioners, for the exchange of different approaches to problems being analyzed by authors from different jurisdictions, and therefore providing interesting insight into issues being dealt with differently in many different countries. The Czech (& Central European) Yearbook of Arbitration® , the younger twin project within the Czech Yearbooks, primarily focuses on the problematic of arbitration from both the national and international perspective. The use of arbitration as a method of dispute resolution continues to increase in importance. Throughout Central and Eastern Europe, arbitration is viewed as being progressive, due to its practical aspects, and to its meeting the needs of specialists in certain practice areas. Central and Eastern Europe, the primary, but not exclusive, focus of this project, is steeped in the Roman tradition of continental Europe, in which arbitration is based on the autonomy of the parties and on informal procedures. This classical approach is somewhat different from the principles on which the system of arbitration in common-law countries is based. Despite similarities among countries in the region, arbitration in Central and Eastern Europe represents a highly particularized and fragmented system. One shortcoming in the use of arbitration in Central and Eastern Europe is the absence of comparative standards or a baseline that would facilitate the identification of commonalities and differences in individual countries, and help resolve problems that are common throughout the region. The CYArb® project aims to address this issue and provide a forum for comparisons of arbitration practice and doctrine in countries within the region, and in relation to practices internationally. It sheds light on both practical and academic aspects within these countries, and compares those approaches to broader European and international practices. This project will also foster a broad exchange of legal research and other information on the subject. The third volume of the CYArb® focuses on the blurry area which borders the procedural and substantial law. Editors, being motivated with an endeavour to provide the readers with complex insight into the problematic, invited authors of Civil same as Common law jurisdictions to provide their insight and analysis on the problems of i.e. mandatory provisions of procedural same as substantive law, issues of application of law in arbitration, adjudication according to the ex aequo et bono principles, issues of the burden and standard of proof and others. The issues are presented on highly comparative basis provided mostly by practitioners who are simultaneously involved in academic activities. The book is divided into four sections. The backbone sections encompass the doctrinal articles of the authors same as case law analysis of the domestic courts from the region relating to the topic, covering the case law of Constitutional, General same as Arbitral courts of the countries from the Central European Region. The rest of the book covers the news in the arbitration area same as interesting arbitration events or published articles and books of the authors from the region. The new volume of the The Czech (& Central European) Yearbook of Arbitration® : Borders of Procedural and Substantive Law in Arbitral Proceedings (Civil versus Common Law Perspectives) brings useful resource for everyone who is dealing with arbitration in all of its aspects, be it an academic, practitioner, law or international relations student who seeks global compendium on the issue including an overlap to economic and politic aspects of the problematic.
Book Synopsis Honnold’s Uniform Law for International Sales under the 1980 United Nations Convention by : John Honnold
Download or read book Honnold’s Uniform Law for International Sales under the 1980 United Nations Convention written by John Honnold and published by Kluwer Law International B.V.. This book was released on 2021-08-09 with total page 984 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Convention on Contracts for the International Sale of Goods (CISG) has become the key framework for drafting international sales contracts and resolving resulting disputes. The remarkable progress of this epoch-making uniform international law calls for a new edition (the fifth) of the late Professor Honnold’s preeminent commentary, now issued under the authoritative hand of Harry M. Flechtner, editor of the fourth edition and a National Correspondent for the United States at UNCITRAL. Professor Flechtner updates Professor Honnold’s in-depth article-by-article exposition, addressing newly arising issues and taking into account the numerous decisions and scholarly analyses that have focused on the CISG in the twelve years since the last edition in 2009. Also expertly updated is Professor Honnold’s masterly overview of the development and implementation of the text of the CISG, as well as his authoritative insights into the underlying principles and purposes of the treaty. Taking into account the myriad variations among distinct legal systems, the commentary expertly treats all crucial aspects of sales contracts, including the following: delivery of the goods and handing over of documents; conformity of the goods and third-party claims; obligations of the parties; payment of the price; taking delivery; anticipatory breach; instalment contracts; remedies for breach of contract; damages; interest; exemptions; limits and effects of avoidance; preservation of the goods; and risk of loss. The CISG is widely regarded as the most significant body of international sales law and the most successful international commercial treaty in history. This new edition provides tribunals, practitioners, and scholars invaluable up-to-date insights into the meaning of each article of the Convention. The multitude of authorities consulted, many dating from the past few years, will continue to influence the promotion of international sales contract uniformity, encourage the settlement of disputes, and help to reinforce consensus in the application of the Convention.
Book Synopsis Dealing with Bribery and Corruption in International Commercial Arbitration by : Emmanuel Obiora Igbokwe
Download or read book Dealing with Bribery and Corruption in International Commercial Arbitration written by Emmanuel Obiora Igbokwe and published by Kluwer Law International B.V.. This book was released on 2023-01-10 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬– that is, on their own initiative – has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standards. In addition to providing a comprehensive examination of how the issue of bribery and corruption is dealt with in contemporary international commercial arbitration, the book also highlights the role of arbitrators in global efforts to combat transnational commercial bribery and corruption. Among others, the following critical issues are thoroughly investigated: arbitrability of issues of public interests; intermediary contracts; role of arbitrators in the fact-finding process; party autonomy versus overriding mandatory rules; iura novit curia in international commercial arbitration in the context of bribery and corruption; notion of transnational (or ‘truly international’) public policy; arbitrators’ duty to act as guardians of international commerce; investigative tools available to arbitrators; dealing with manifestly recalcitrant parties; possible consequences of violating the obligation to sua sponte investigate; and the view from developing countries. The analysis leans primarily on Swiss law, as Switzerland is one of the most important jurisdictions in international commercial arbitration; Switzerland has also been involved in some of the most famous and controversial arbitration cases wherein bribery and corruption became an issue. However, the study also includes a comparative analysis of the relevant laws, jurisprudence, and doctrine of other major arbitration venues, particularly England, France, and Germany. Not only in the light it sheds on how and whether international commercial arbitrators have hitherto justified the trust States have placed in them regarding the protection of the public interests but also in the practical solutions it offers arbitrators faced with issues of bribery and corruption, this deeply researched book equips arbitration practitioners and arbitration institutions with a hitherto lacking in-depth analysis on the question of sua sponte investigation. It also provides invaluable insights on how this issue might affect the future, legitimacy and expansion of this dispute settlement mechanism. Outside the field of arbitration, the book also provides jurists, legal scholars, in-house counsel for companies doing transnational business and public officials with highly enlightening perspectives on the interaction between international commercial arbitration and public interests.
Book Synopsis Basic Documents on International Trade Law by : Chia-Jui Cheng
Download or read book Basic Documents on International Trade Law written by Chia-Jui Cheng and published by BRILL. This book was released on 1990-02-22 with total page 1004 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Harmonisation of National Legal Systems by : Antonios E. Platsas
Download or read book The Harmonisation of National Legal Systems written by Antonios E. Platsas and published by Edward Elgar Publishing. This book was released on 2017-10-27 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a novel perspective on the leading concept of harmonisation, advocating the mutual benefits and practical utility of harmonised law. Theoretical models and factors for harmonisation are explored in detail. Antonios E. Platsas acknowledges a range of additional factors and presents harmonisation as a widely applicable and useful theory.
Book Synopsis Hired Guns and Human Rights by : Kuzi Charamba
Download or read book Hired Guns and Human Rights written by Kuzi Charamba and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book provides an overview and critical assessment of the current avenues and remedies available to victims seeking recourse from private military and security companies (PMSCs) for human rights violations.
Book Synopsis The Oxford Handbook of Global Legal Pluralism by : Paul Schiff Berman
Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press. This book was released on 2020-06-01 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.
Book Synopsis Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective by : Peng Guo
Download or read book Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective written by Peng Guo and published by Springer Nature. This book was released on 2021-11-09 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.
Book Synopsis Non-State Rules in International Commercial Law by : Johanna Hoekstra
Download or read book Non-State Rules in International Commercial Law written by Johanna Hoekstra and published by Routledge. This book was released on 2021-03-15 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through further technological development and increased globalization, conducting busines abroad has become easier, especially for Small and Medium Enterprises (SME). However, the legal issues associated with international commerce have not lessened in complexity, including the role of non-state rules. The book provides a comprehensive analysis of non-state rules in international commercial contracts. Non-state rules have legal authority in the national and international sphere, but the key question is how this legal authority can be understood and established. To answer this question this book examines first what non-state rules are and how their legal authority can be measured, it then analyses how non-state rules are applied in different scenarios, including as the applicable law, as a source of law, or to interpret either the law or the contract. Throughout this analysis three other important questions are also answered: when can non-state rules be applied? when are they applied? and how are they applied? The book concludes with a framework and classification that leads to a deeper understanding of the legal authority of non-state rules. Providing a transnational perspective on this important topic, this book will appeal to anyone researching international commercial law. It will also be a valuable resource for arbitrators and anyone working in international commercial litigation.
Book Synopsis Corruption in International Trade and Commercial Arbitration by : Abdulhay Sayed
Download or read book Corruption in International Trade and Commercial Arbitration written by Abdulhay Sayed and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Descreve como a corrupção é julgada na arbitragem comercial internacional. Procura explicar porque não há uma uniformidade na política arbitral em relação à corrupção. Analisa casos relativos à corrupção e arbitragem. Examina a legislação sobre corrupção, assim como convenções internacionais relevantes.
