The Spratly Islands and International Law

The Spratly Islands and International Law
Author: Xuechan Ma
Publisher: Queen Mary Studies in Internat
Total Pages: 396
Release: 2021-12-02
Genre: Law
ISBN: 9789004504325

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"In The Spratly Islands and International Law, Xuechan Ma offers a detailed analysis of legal solutions to achieve coexistence and cooperation in the Spratly Islands in the absence of maritime delimitation.

International Sales Law

International Sales Law
Author: Larry A. DiMatteo
Publisher: Cambridge University Press
Total Pages: 805
Release: 2014-02-17
Genre: Law
ISBN: 1107782805

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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 Cambridge History of Linguistics

The Cambridge History of Linguistics
Author: Linda R. Waugh
Publisher: Cambridge University Press
Total Pages: 1113
Release: 2023-08-10
Genre: Business & Economics
ISBN: 052184990X

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Covers significant aspects of important traditions and perspectives in the history of linguistics, including recent history.

Commercial Expectations and Cooperation in Symbiotic Contracts

Commercial Expectations and Cooperation in Symbiotic Contracts
Author: Charles Haward Soper
Publisher:
Total Pages: 0
Release: 2020
Genre: Contracting out
ISBN: 9780367272111

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Exploring the role played by cooperation in the law and management of modern, complex contracts, this book contrasts an in-depth review of case law with a large-scale empirical study of the views of commercial actors responsible for the outcomes of these contracts. The possibility of aligning these expectations with the law is considered from the perspective that there is a general duty for parties to cooperate and ensure constructive engagement. The book examines how this might translate into constructive communication, professional governance, genuine attempts to settle issues, a right to fix defects and a duty to take decisions in a fair and rational manner. It argues that statutory adjudication should be extended to all commercial contracts and more ambitious use of available remedies, including those for prevention and cost penalties, would help provide incentives for parties to cooperate more fully. The book will be of interest to academics in the fields of contract law and of contract management, as well as legal and commercial practitioners.

Research Handbook on International and Comparative Sale of Goods Law

Research Handbook on International and Comparative Sale of Goods Law
Author: Djakhongir Saidov
Publisher: Edward Elgar Publishing
Total Pages: 480
Release: 2019
Genre:
ISBN: 1786436159

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This thorough and detailed Research Handbook explores the complexity of governance of sales contracts in the modern world. It examines many topical aspects of sales law and practice, with considerable emphasis being placed on the diversity of: commercial and transactional contexts; in which sales contracts are made and performed, including digital technologies, long-term contracts and global supply chains and sources governing such contracts, particularly those emanating from commercial players, such as standard form contracts, trade usages and trade terms. Written by leading experts from an international and comparative perspective, the Research Handbook is relevant to anyone with an interest in commercial sales and contract law.

The Law of Damages in International Sales

The Law of Damages in International Sales
Author: Djakhongir Saidov
Publisher: Bloomsbury Publishing
Total Pages: 322
Release: 2008-09-17
Genre: Law
ISBN: 1847314597

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The book aims to explore the remedy of damages in international sales transactions. Its focus is on the international contract law instruments such as the Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts, and the Principles of European Contract Law. The issues addressed in the book include: the basis for the right to claim damages, definition and purpose of damages, the idea of limiting damages, principles underlying the award of damages, classification of losses and heads of recoverable losses, causation, foreseeability, mitigation, standards of proving losses and methods of calculating and determining the amount of damages. The book draws on the experience of some major legal systems in dealing with contract damages as well as on the body of cases and scholarly writings on the international instruments. In doing so, the book attempts to provide a justification for the existing rules on damages, highlights the problems in their interpretation and application, and proposes solutions to the existing problems in the light of relevant policies and goals pursued by the international instruments. The work will be of interest to practitioners involved in international commercial transactions, scholars and students interested in international commercial and comparative contract law.

Uniform Rules for European Contract Law?

Uniform Rules for European Contract Law?
Author: Francisco de Elizalde
Publisher: Bloomsbury Publishing
Total Pages: 288
Release: 2018-06-28
Genre: Law
ISBN: 150991630X

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Over the last 30 years, the evolution of acquis communautaire in consumer law and harmonising soft law proposals have utterly transformed the landscape of European contract law. The initial enthusiasm and approval for the EU programme has waned and, post Brexit, it currently faces increasing criticism over its effectiveness. In this collection, leading academics assess the project and ask if such judgements are fair, and suggest how harmonisation in the field might be better achieved. This book looks at the uniform rules in the context of: the internal market; national legislators and courts; bridging the gap between common and civil law; and finally their influence on non-member states. Critical and rigorous, it provides a timely and unflinching critique of one of the most important fields of harmonisation in the European Union.

Co-Opetition

Co-Opetition
Author: Adam M. Brandenburger
Publisher: Crown Currency
Total Pages: 305
Release: 1997-12-29
Genre: Business & Economics
ISBN: 0385479506

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Now available in paperback, with an all new Reader's guide, The New York Times and Business Week bestseller Co-opetition revolutionized the game of business. With over 40,000 copies sold and now in its 9th printing, Co-opetition is a business strategy that goes beyond the old rules of competition and cooperation to combine the advantages of both. Co-opetition is a pioneering, high profit means of leveraging business relationships. Intel, Nintendo, American Express, NutraSweet, American Airlines, and dozens of other companies have been using the strategies of co-opetition to change the game of business to their benefit. Formulating strategies based on game theory, authors Brandenburger and Nalebuff created a book that's insightful and instructive for managers eager to move their companies into a new mind set.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.