The Interplay of CISG Cultural, Legal, Historical and Religious Variances and Their Impact on the Treatment of the CISG.

The Interplay of CISG Cultural, Legal, Historical and Religious Variances and Their Impact on the Treatment of the CISG.
Author: Jadranka Petrovic
Publisher:
Total Pages:
Release: 2017
Genre:
ISBN:

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The CISG offers a consistent and fair legal structure to regulate contracts for the international sale of goods. However, the interplay of certain legal, cultural and other variances across its territorial application pertains to the interpretation and implementation of the CISG and ultimately raises questions about its effectiveness. With the growing applicability and influence of the CISG, it is necessary to critically examine how the Convention has been implemented and interpreted to date. This article first identifies and examines in general terms some of the factors that have influenced the interpretation and implementation of the CISG globally, namely, cultural differences, differences in legal systems, application-related variations and internal contradictions, and then, in order to determine whether there are any significant differences in the treatment of the CISG in the legal-system specific context, it considers the impact of such factors upon the interpretation and application of the Convention in the three major law worlds: the Common Law, Civil Law and Islamic Law.

Forum Shopping Despite Unification of Law

Forum Shopping Despite Unification of Law
Author: Franco Ferrari
Publisher: BRILL
Total Pages: 464
Release: 2021-08-16
Genre: Law
ISBN: 9004502920

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According to some commentators, forum shopping is an “evil” that must be eradicated. It has been suggested that the unification of substantive law through international conventions constitutes one way to achieve this outcome. This book shows that the drafting of uniform substantive law convention cannot prevent forum shopping. The reasons are classified into two main categories: convention-extrinsic and convention-intrinsic reasons. The former category comprises those reasons upon which uniform substantive law conventions do not have an impact at all. These reasons range from the costs of access to justice to the bias of potential adjudicators to the enforceability of judgments. The convention-intrinsic reasons, on the other hand, are reasons that relate to the nature and design of uniform substantive law conventions, and include their limited substantive and international spheres of application as well as their limited scope of application, the need to provide for reservations, etc. This book also focuses on another reason why forum shopping cannot be overcome: the impossibility of ensuring uniform applications and interpretations of the various uniform substantive law conventions.

Principles, Definitions and Model Rules of European Private Law

Principles, Definitions and Model Rules of European Private Law
Author: Study Group on a European Civil Code
Publisher: sellier. european law publ.
Total Pages: 406
Release: 2008
Genre: Civil law
ISBN: 3866530595

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In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

Contracting for ABS

Contracting for ABS
Author: Shakeel Bhatti
Publisher: IUCN
Total Pages: 334
Release: 2009
Genre: Biodiversity conservation
ISBN: 2831709822

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Contracts relating to scientific/technical development are effective only where they are enforceable or valid under relevant law, can be practically implemented by the parties, and address matters arising from the relevant scientific/technical issues and practices. Negotiators are often hampered by their lack of knowledge of contract law and of the biotechnological techniques used to derive new molecules and genes or genetic or biochemical formulas from biological samples. This lack of knowledge means they may not make the best choices. This book examines the special issues in applying contract law to the rights to take and utilize genetic resources; and the scientific issues and the manner in which they affect the negotiation of ABS agreements.

Commentary on the International Sales Law

Commentary on the International Sales Law
Author: C. Massimo Bianca
Publisher: Fred B Rothman & Company
Total Pages: 886
Release: 1987-01-01
Genre: Business & Economics
ISBN: 9788814012761

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Perspectives for the Unification and Harmonisation of Family Law in Europe

Perspectives for the Unification and Harmonisation of Family Law in Europe
Author: Katharina Boele-Woelki
Publisher: Intersentia nv
Total Pages: 600
Release: 2003
Genre: Domestic relations
ISBN: 9050952879

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Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.

Contract Law Minimalism

Contract Law Minimalism
Author: Jonathan Morgan
Publisher: Cambridge University Press
Total Pages: 314
Release: 2013-11-07
Genre: Law
ISBN: 110747020X

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Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.

Employee Engagement in Corporate Social Responsibility

Employee Engagement in Corporate Social Responsibility
Author: Debbie Haski-Leventhal
Publisher: SAGE
Total Pages: 238
Release: 2020-09-14
Genre: Business & Economics
ISBN: 1529738164

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This book offers a remarkable collection of chapters, written by the leading scholars in CSR and employee engagement. Using the existing literature, new empirical studies, case studies and thought-provoking insights, this collection of authors discuss why and how to engage employees in CSR and through CSR. Employee engagement in Corporate Social Responsibility focuses on engaging employees in socially responsible initiatives with three major parts of the book: the antecedents that lead to employee engagement in CSR; the processes and opportunities to involve employees; and the impact of the above on employees, the company, non-profit organisations and society. This book contributes to both research and managerial practice by presenting cutting edge knowledge from leading CSR scholars and practitioners.

The World Bank Legal Review

The World Bank Legal Review
Author: Hassane Cissé
Publisher: World Bank Publications
Total Pages: 429
Release: 2011-11-04
Genre: Law
ISBN: 0821388649

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This book focuses on the legal challenges and opportunities for International Financial Institutions in the post-crisis world. It includes contributions from academics, practitioners and Bank staff. The contributions cover a broad array of issues, included governance reform and constitutional framework of IFIs, privileges and immunities, responsibility of international organizations, issues related to fragile and conflict-affected states, climate finance, and the recent financial crisis. The book is organized in three main areas, namely (i) Law of International Organizations: Issues Confronting IFIs; (ii) Legal Obligations and Institutions of Developing Countries: Rethinking Approaches of IFIs; and (iii) International Finance and the Challenges of Regulatory Governance.