The CISG in Africa-Nigeria

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Publisher : LAP Lambert Academic Publishing
ISBN 13 : 9783659443695
Total Pages : 84 pages
Book Rating : 4.4/5 (436 download)

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Book Synopsis The CISG in Africa-Nigeria by : Nwekwo Tochukwu

Download or read book The CISG in Africa-Nigeria written by Nwekwo Tochukwu and published by LAP Lambert Academic Publishing. This book was released on 2015-03-06 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is built on the empirical research of the CISG over time, in line with facts that have been through a lucid construction prism and intellectually scrutiny. The yardstick for the selection of relevant facts for this book were based on proven knowledge already been revised in a dialectical approach by scholars. The book depicts how laws such as the CISG are relevant in providing and ensuring orderliness to human activities and the society and as such cannot be undermined. Thus, For the functionality of persons and the society it is vital to appreciate those laws that help regulate human and society activities and help confront their legal issues. Contracts of sale of goods is perhaps the most common of all commercial law contracts, as each day an indefinite number of them are entered and concluded. The CISG in Africa-Nigeria espouses the movement for the global harmonization/unification of sale of goods law. The book in a clear way gives understanding to the United Nations CISG, which was created to serve as a total conflict avoidance device that would be a common law of commerce which would stand in place of the various domestic legislation's on sales.

A Critical Analysis of the CISG in the Harmonization and Unification of International Trade Law in Africa-Nigeria

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Publisher :
ISBN 13 :
Total Pages : 77 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis A Critical Analysis of the CISG in the Harmonization and Unification of International Trade Law in Africa-Nigeria by : Tochukwu Nwekwo

Download or read book A Critical Analysis of the CISG in the Harmonization and Unification of International Trade Law in Africa-Nigeria written by Tochukwu Nwekwo and published by . This book was released on 2015 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research is geared towards giving a critical appraisal and review of the CISG with regards to the prospective effect or advantage it conveys if/when it is wholly integrated into the legal framework of the commercial sectors of African states. Africa is currently the world's trading hub, with a steady influx of foreign governments, corporations and organizations seeking to trade with the continent for economic and also political purposes, it has apparently become an essential and profitable continent. The continent is second to Asia in its largeness and population amongst the world's seven continents. Nigeria, on the other hand, being one of the countries in Africa is relevant or considered in this discourse as it is popularly referred to as the giant of Africa. It is the most populous country in Africa and its ranked 7th most populous country in the world. But, irrespective of the above Nigerian status, the country still grapples with underdevelopment and poverty, a similar trend which cuts across other African states. The African Union (AU), which is a union that consist of the 54 countries that make up the continent Africa, serves as the political and administrative body that govern the continent. And as one of its objectives, the Union seeks to promote the sustainable advancement of all economic, social and cultural sectors of states through the integration of African economies. But following its past and present economic and commercial policies in Africa, this above objective appears “unattainable”. A similar failure is also been conceived amongst commentators and experts of the September 2000 United Nations Millennium Development Goals for Africa on economic growth and development by the year 2015. Although, one could say this development and growth is being actualized, but it is no doubt that it comes slow and is unstable.This paper proposes how the above objectives can be attainable. In putting forward the propositions of the paper, a critical analysis of the United Nations CISG rules is undertaken as it offers a proper framework for the attainment of the objectives of the continent. Through a study of the CISG tools, the paper establishes the effectiveness or limitation of the CISG in aiding the removal of the prevalent international sale of goods laws that limit and obstruct the growth of the continent.

An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law

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Publisher : Cambridge University Press
ISBN 13 : 9781107676565
Total Pages : 546 pages
Book Rating : 4.6/5 (765 download)

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Book Synopsis An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law by : John Felemegas

Download or read book An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law written by John Felemegas and published by Cambridge University Press. This book was released on 2013-09-12 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1980, the United Nations Convention for the International Sale of Goods (CISG) came into being as an attempt to create a uniform commercial sales law. This book, first published in 2007, compares two major restatements - the UNIDROIT Principles and the Principles of European Contract Law (PECL) - with CISG articles. This work has gathered scholars and legal practitioners from twenty countries who contribute analysis on the various issues covered in the articles of the CISG comparing them with how the issue is treated in the UNIDROIT and PECL restatements.The introductory section of the book addresses theoretical and practical issues of the appropriate interpretive methodology as mandated in CISG Article 7 and it is followed by individual analyses of the Convention's provisions.

Agricultural Law and Economics in Sub-Saharan Africa

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Publisher : Academic Press
ISBN 13 : 0128018453
Total Pages : 625 pages
Book Rating : 4.1/5 (28 download)

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Book Synopsis Agricultural Law and Economics in Sub-Saharan Africa by : Frederick Owusu Boadu

Download or read book Agricultural Law and Economics in Sub-Saharan Africa written by Frederick Owusu Boadu and published by Academic Press. This book was released on 2016-04-27 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Agricultural Law in Sub-Saharan Africa: Cases and Comments introduces the subject of agricultural law and economics to researchers, practitioners, and students in common law countries in Sub-Saharan Africa, and presents information from the legal system in Botswana, Gambia, Ghana, Lesotho, Malawi, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Zambia, and Zimbabwe. The law and economics approach entails the use of quantitative methods in research. This is consistent with the expectations in an applied economics field such as agricultural economics. Covering the general traditional law topics in contracts, torts, and property, the book goes further to introduce cutting-edge and region-relevant topics, including contracts with illiterate parties, contract farming, climate change, and transboundary water issues. The book is supported by an extensive list of reference materials, as well as study and enrichment exercises, to deepen readers’ understanding of the principles discussed in the book. It is a learning tool, first and foremost, and can be used as a stand-alone resource to teach the subject matter of agricultural law and economics to professionals new to the subject area as well as to students in law school, agricultural economics, economics, and inter-disciplinary classes. Offers research findings on such topics as food safety, climate change, transboundary natural resources, international sale of goods, patents, and trademarks to highlight the future sources of pressure on the agriculture industry Uses case-studies to provide real-world insights into the challenges and considerations of appropriate agricultural law development Challenges readers to carry out their own research in their areas of study, and to gain some understanding of the relationship between law, economics, and statistics Includes extensive resources, such as chapter summaries, study questions, and challenge questions at the end of each chapter to assist instructors and students in gaining full benefits from using the book Provides separate instructor and student study guides, a test bank, and test bank answers, in hardcopy and electronic formats

The Elgar Companion to UNCITRAL

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Publisher : Edward Elgar Publishing
ISBN 13 : 1803924543
Total Pages : 605 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis The Elgar Companion to UNCITRAL by : Rishi Gulati

Download or read book The Elgar Companion to UNCITRAL written by Rishi Gulati and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: As one of the most important international organisations in the sphere of international trade law, UNCITRAL aims to help develop and promote uniform private law internationally. This comprehensive Companion delineates the range of issues considered at UNCITRAL, as well as assessing the potential for future work and reforms.

The International Sale of Goods 5e

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Publisher : Oxford University Press
ISBN 13 : 0192882422
Total Pages : 1009 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis The International Sale of Goods 5e by : Michael Bridge

Download or read book The International Sale of Goods 5e written by Michael Bridge and published by Oxford University Press. This book was released on 2024-02-08 with total page 1009 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth edition of this leading authority continues to provide comprehensive analysis of the law and practice of sale of goods under English and international law. It is an indispensable resource for practitioners, scholars, and postgraduate students.

FIDIC Contracts in Africa and the Middle East

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Publisher : Taylor & Francis
ISBN 13 : 1000932540
Total Pages : 404 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis FIDIC Contracts in Africa and the Middle East by : Donald Charrett

Download or read book FIDIC Contracts in Africa and the Middle East written by Donald Charrett and published by Taylor & Francis. This book was released on 2023-09-20 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC need to be supplemented by Particular Conditions that specify the specific requirements of that project. FIDIC Contracts in Africa and the Middle East: A Practical Guide to Application provides readers with detailed guidance and resources for the preparation of the Particular Conditions that will comply with the requirements of the laws that apply to the site where the work is carried out, and for the governing law of the contract, for a number of the jurisdictions in which FIDIC contracts are or can be used. This book closely follows the format of The International Application of FIDIC Contracts. Each jurisdiction features an outline of its construction industry and information on the impact of COVID-19 on both the execution and operation of construction contracts. This book is essential reading for construction professionals, lawyers and students of construction law.

Towards Reforming the Legal Framework for Secured Transactions in Nigeria

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Publisher : Springer
ISBN 13 : 331941836X
Total Pages : 305 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis Towards Reforming the Legal Framework for Secured Transactions in Nigeria by : Chima Williams Iheme

Download or read book Towards Reforming the Legal Framework for Secured Transactions in Nigeria written by Chima Williams Iheme and published by Springer. This book was released on 2016-08-16 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a valuable guide to one of the most challenging areas of commercial law, now frequently referred to as secured transactions, with a focus on Nigerian, Canadian and United States perspectives. A debtor’s ability to provide collateral influences not only the cost of the money borrowed, but also in many cases, whether secured lenders are willing to offer credit at all. The book proposes that increasing access to, and indeed, lowering the cost of credit could tremendously boost economic development, while at the same time arguing that this would best be achieved if the legal framework for secured transactions in Nigeria, and of course, any other country with similar experiences, were designed to allow the use of personal property and fixtures to secure credit. Similarly, the creation, priority, perfection, and enforcement of security interests in personal property should be simplified and supported by a framework that ensures that neither the interests of secured lenders nor debtors are hampered, so as to guarantee the continuous availability of affordable credit as well as debtors’ willingness to borrow and do business. The book further argues that in addition to the obvious preference for real property over personal property by secured lenders due to the unreformed secured-transactions legal framework in Nigeria, its compartmentalized nature has also resulted in unpredictability in commerce and the concomitant effects of poor access to credit. Through the comparative research conducted in this book utilizing the UCC Article 9 and Ontario PPSA as benchmarks, the author provides reformers with a repository of tested secured-transactions law solutions, which law reformers in the Commonwealth countries in Africa and beyond, as well as the business community will find valuable in dealing with issues that stem from secured transactions.

The Elgar Companion to UNIDROIT

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Publisher : Edward Elgar Publishing
ISBN 13 : 180392456X
Total Pages : 557 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis The Elgar Companion to UNIDROIT by : Thomas John

Download or read book The Elgar Companion to UNIDROIT written by Thomas John and published by Edward Elgar Publishing. This book was released on 2024-04-12 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Companion provides a unique overview of UNIDROIT, the primary independent organisation coordinating the practice of international private law across its 65 member states. As the third in the suite of titles covering the ‘three sisters’ of uniform private law and private international law, it considers UNIDROIT’s role in the creation of existing uniform law, as well as posing questions about its future in the sector.

The CISG

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Publisher : Walter de Gruyter
ISBN 13 : 386653728X
Total Pages : 433 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis The CISG by : Peter Huber

Download or read book The CISG written by Peter Huber and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: "... there is a lack of a clear and simple exposition of the CISG for students and practitioners. That is the role of the current book, which it fills admirably. All of the issues that have been raised in the cases and the literature are considered, but without excessive detail. This is a book that will do much to make the CISG an easily understandable text for all users, student and pracitioner alike." Preface by Professor Eric E. Bergsten

International Sales Law

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Publisher : Cambridge University Press
ISBN 13 : 1107782805
Total Pages : 805 pages
Book Rating : 4.1/5 (77 download)

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Book Synopsis International Sales Law by : Larry A. DiMatteo

Download or read book International Sales Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2014-02-17 with total page 805 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together the top international sales law scholars from twenty-three countries to review the Convention on Contracts for International Sale of Goods (CISG) and its role in the unification of global sales law. It reviews the substance of CISG rules and analyzes alternative interpretations. A comparative analysis is given of how countries have accepted, interpreted, and applied the CISG. Theoretical insights are offered into the problems of uniform laws, the CISG's role in bridging the gap between the common and civil legal traditions, and the debate over good faith in CISG jurisprudence. The book reviews case law relating to the interpretation and application of the provisions of the CISG; analyzes how it has been recognized and implemented by national courts and arbitral tribunals; offers insights into problems of uniformity of application of an international sales convention; compares the CISG with the English Sale of Goods Act and places it in the context of other texts of UNCITRAL; and analyzes the CISG from the practitioner's perspective.

The International Business Environment

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Publisher : Oxford University Press, USA
ISBN 13 : 0198704194
Total Pages : 445 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The International Business Environment by : Leslie Hamilton

Download or read book The International Business Environment written by Leslie Hamilton and published by Oxford University Press, USA. This book was released on 2015 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the process of globalization and the impact this has on international business organizations. The text presents a framework to analyse the economic, political, legal, financial, technological, socio-cultural and ecological environments, thereby outlining the factors which affect the everyday business of organizations.

International Trade Finance and Forex Operations

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Publisher : Taylor & Francis
ISBN 13 : 1040022472
Total Pages : 274 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis International Trade Finance and Forex Operations by : Gargi Sanati

Download or read book International Trade Finance and Forex Operations written by Gargi Sanati and published by Taylor & Francis. This book was released on 2024-04-23 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book bridges the existing gap between the theory and practices related to international finance. It discusses banking theories and operational procedures relating to the methods of payment with special reference to Letters of credit (LCs), like revolving LCs, back-to-back LCs, transferable LCs, and standby LCs, with specific applications of documentary discrepancies. Moreover, this book discusses merchanting trade, buyers’ credit and supplier’s credit, and bank guarantees with many practical caselets, linked to the applications of the International Chamber of Commerce (ICC) and other regulatory rules. It also examines the various roles of banks in financing international trade which are extensively discussed through several cases. This volume: Explains in-depth the intricacies and discrepancies relating to the documentation involved in international trade Presents in detail the various steps of executing an export or import deal, right from signing of the contract, managing pre-shipment credit, and booking a forward contract to hedge the exchange rate risk till the closing of the deal Gives a comprehensive account of all trade finance products with processes and procedures, rules, and regulations, and risks and mitigates Discusses the application of ICC rules through detailed case-lets, which helps an exporter take necessary actions when the payment is denied by a party overseas, or how an importer can simply deny the payment if there is documentary noncompliance Scrutinises different types of forex transactions, the regulatory framework within which they take place, and the associated risks and solutions Attempts to resolve the existing disparity in the understanding and interpretation of regulatory guidelines and the practices adopted by banks and corporate houses in implementing them. Accessibly written, this book will be useful to students, researchers, and teachers from the fields of management, business studies, international trade and treasury operations, finance, international banking, trade and commerce, and economics. This will also be an invaluable companion to the professionals working in export–import businesses, foreign exchange businesses, treasury front-office and back-office operations, bureaucrats, and public policymakers.

Commercial Contract Law

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Publisher : Cambridge University Press
ISBN 13 : 1107028086
Total Pages : 623 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Commercial Contract Law by : Larry A. DiMatteo

Download or read book Commercial Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2013-01-31 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I. The Role of Consent: 1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier 2. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Naturalistic contract Peter A. Alces 6. Contract in a networked world Roger Brownsword 7. Contract, transactions, and equity T.T. Arvind Part III. Contract Design and Good Faith: 8. Reasonability in contract design Nancy S. Kim 9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw Part IV. Implied Terms and Interpretation: 10. Implied terms in English contract law Richard Austen-Baker 11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky Part V. Policing Contracting Behavior: 12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier 13. Unconscionability in American contract law Chuck Knapp 14. Unfair terms in comparative perspective: software contracts Jean Braucher 15. (D)CFR initiative and consumer unfair terms Mel Kenny Part VI. Misrepresentation, Breach and Remedies: 16. Remedies for misrepresentation: an integrated system David Capper 17. Re-examining damages for fraudulent misrepresentation James Devenney 18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov Part VII. Harmonizing Contract Law: 19. Harmonisation European contract law: default and mandatory rules Qi Zhou 20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson 21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen 22. Harmonization of international sales law Larry A. DiMatteo.

Letter of Intent in International Contracting

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Publisher :
ISBN 13 : 9781780684499
Total Pages : 0 pages
Book Rating : 4.6/5 (844 download)

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Book Synopsis Letter of Intent in International Contracting by : Ekaterina Pannebakker

Download or read book Letter of Intent in International Contracting written by Ekaterina Pannebakker and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Letter of Intent in International Contracting provides readers with a unique point of reference on the legal effects of a letter of intent-the document frequently used in international transactions. Firstly, the book takes a fresh look at trade usages in negotiations of international contracts. It integrates the view of negotiations as strategies and tactics (well-known in business, but largely disregarded by the law) with the legal analysis. Secondly, it discusses in turn those provisions frequently used in a letter of intent and comments on them based on thorough comparative research of four jurisdictions: the Netherlands, France, England and Wales, and the United States. The discussion of French law is based on the recent reform of the French law of obligations which significantly modified the French Civil Code in 2016. At the international level, the study addresses the 1980 Vienna Convention on the International Sale of Goods and international soft law: UNIDROIT Principles of International Commercial Contracts 2010, Principles of European Contract Law, and the Draft Common Frame of Reference. This book is a result of doctoral research conducted at the Erasmus University Rotterdam. It will be relevant to legal practitioners working in the field of international contracts, as well as to scholars and policy makers concerned with harmonization of law based on non-binding principles and business practices. Dissertation. (Series: Ius Commune Europaeum, Vol. 156) Subject: International Law, Contract Law]

UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration

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Publisher :
ISBN 13 : 9789211337938
Total Pages : 0 pages
Book Rating : 4.3/5 (379 download)

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Book Synopsis UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration by : United Nations Commission on International Trade Law

Download or read book UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration written by United Nations Commission on International Trade Law and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains a presentation of case laws rendered in jurisdictions having enacted the UNCITRAL Model Law on International Commercial Arbitration. In light of the large number of cases collected, the Commission requested a tool specifically designed to present selected information on the interpretation and application of the Model Law in a clear, concise and objective manner. This request originated the UNCITRAL Digest of Case Law on the UNCITRAL Model Law on International Commercial Arbitration. The purpose of the digest is to assist in the dissemination of information on the Model Law and further promote its adoption as well as its uniform interpretation and application. In addition, the digest is meant to help judges, government officials, arbitrators, practitioners and academics use more efficiently the case law relating to the UNCITRAL text.

China-Africa Dispute Settlement

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142843
Total Pages : pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis China-Africa Dispute Settlement by : Won Kidane

Download or read book China-Africa Dispute Settlement written by Won Kidane and published by Kluwer Law International B.V.. This book was released on 2011-11-02 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The nature and magnitude of the growth in China-Africa economic relations in recent years is unprecedented and extraordinary. According to recent estimates, the value of China’s trade with African nations grew from a mere USD 10 million in the 1980s to USD 55 billion in 2006, and to more than USD 100 billion by the end of 2009, at which time nearly 1,600 Chinese companies were doing business in Africa with a direct stock investment of about USD 7.8 billion. The accelerating impetus of China-Africa trade has overtaken some crucially important features of an effective trade regime, most notably a fully trustworthy dispute resolution system. It is the current and potential future efficacy of such a system that is taken up in this book with great understanding and skill. The author evaluates existing mechanisms of dispute resolution in all aspects of China-Africa economic relations in light of the parties’ economic and cultural profiles and their evolving legal traditions, and goes on to propose a comprehensive institutional model of dispute resolution that takes full account of the economic needs and legal cultures of both China and the various African countries. Among the topics and issues that arise in the course of the book are the following: suitability of the WTO’s dispute resolution mechanism for China-Africa trade relations; domestic, bilateral, regional, and multilateral law sources affecting China-Africa commerce; the role of intra-Africa bilateral investment treaties; competing interests that underpin international investment law; relevant legal, economic, and political challenges and cultural barriers; permissible scope of regional trade regimes; national treatment versus duty to compensate; and harmonization initiatives—model laws, incoterms, restatements. The author includes in-depth analysis of how China-Africa economic relations fare in the varieties of dispute resolution methods available at the major arbitral European and American institutions—ICSID, AAA, ICC, LCIA, PCA—as well as under the rules of the China International Economic and Trade Arbitration Commission (CIETAC) and the important arbitral fora in Cairo, Kuala Lumpur, and Lagos. Endorsing institutional arbitration as the most appropriate form of resolving trade, investment, and commercial disputes arising between China and African countries, this ground-breaking analysis outlines the obstacles and shortcomings of the available means of dispute settlement, both in international and domestic contexts, and offers deeply informed recommendations for improvement of the existing system. Although the book will be welcomed by interested scholars and practitioners for its detailed discussion of how China-Africa trade relations are situated within the global trade regime, its most enduring value lies in its thorough evaluation of the available options and its proposals for structuring a legal framework within which future disputes will be effectively resolved.