AVOIDANCE FOR FUNDAMENTAL BREACH OF CONTRACT UNDER THE UN CONVENTION ON THE INTERNATIONAL SALE OF GOODS

2010 ◽  
Vol 59 (4) ◽  
pp. 911-940 ◽  
Author(s):  
Michael Bridge
Keyword(s):  
United Kingdom ◽  
United Nations ◽  
Breach Of Contract ◽  
National Courts ◽  
The United Kingdom ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods

AbstractThis article deals with the avoidance of contracts for non-performance under the United Nations Convention on the International Sale of Goods 1980, which has been adopted by more than 70 States, though not yet by the United Kingdom. It critically analyzes the text of the Convention, and measures the contributions of national courts for fidelity to the text of the Convention and compatibility with the purposes served by that text.

scholarly journals Children’s moral rights and UK school exclusions

2020 ◽  
Vol 18 (1) ◽  
pp. 40-58
Author(s):  
John Tillson ◽  
Laura Oxley
Keyword(s):  
United Kingdom ◽  
United Nations ◽  
Current Practice ◽  
Preventive Measure ◽  
School Community ◽  
Moral Rights ◽  
The United Kingdom ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
The United Nations

This article argues that uses of exclusion by schools in the United Kingdom (UK) often violate children’s moral rights. It contends that while exclusion is not inherently incompatible with children’s moral rights, current practice must be reformed to align with them. It concludes that as a non-punitive preventive measure, there may be certain circumstances in schools where it is necessary to exclude a child in order to safeguard the weighty interests of others in the school community. However, reform is needed to ensure that exclusion is a measure of last resort, unjust discrimination is eliminated, appropriate and timely alternative provision is available, cultures of listening are developed, and blanket policies are removed. The argument is framed in terms of children’s weighty interests as identified in the United Nations Convention on the Rights of the Child. The moral bearing of these interests on UK schools is defended, and an overview of exclusion practices commonly used in UK schools is provided. Finally, the extent to which the use of exclusion in UK schools might violate the moral rights of the child is considered by evaluating empirically informed arguments for and against such policies couched in terms of interests identified in the Convention.

British Accession to the UN Convention on the Law of the Sea

1997 ◽  
Vol 46 (4) ◽  
pp. 761-786 ◽  
Author(s):  
D. H. Anderson
Keyword(s):  
New York ◽  
United Kingdom ◽  
United Nations ◽  
Law Of The Sea ◽  
The United Kingdom ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

On 21 July 1997 the Foreign and Commonwealth Secretary announced the United Kingdom's decision to accede to the United Nations Convention on the Law of the Sea (“the Convention”), a decision which was acted upon four days later in New York. The United Kingdom thus became the 119th State to establish its consent to be bound by the Convention and the 82nd party to the Agreement of July 1994 on the Implementation of its Part XI (“the Implementation Agreement”).

scholarly journals The Status of Hong Kong and Macao under the United Nations Convention on Contracts for the International Sale of Goods

2017 ◽  
Author(s):  
Ulrich G. Schroeter
Keyword(s):  
Hong Kong ◽  
United Nations ◽  
International Convention ◽  
Republic Of China ◽  
The United Kingdom ◽  
The Status ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
High Degree

16 Pace International Law Review (2004, 307-332The applicability of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG), the most important international convention unifying matters of international contract law, to an international sales contract according to Article 1(1)(a) CISG depends on both parties having their place of business in different Contracting States. The People's Republic of China was among the first States to ratify the CISG, meaning that all companies residing in the PRC do have - at least at first sight - their place of business in a Contracting State of the CISG. This result, however, causes difficulties when companies from Hong Kong and Macao are concerned, as these two territories were originally colonies of two States that did ratify the CISG (i.e. the United Kingdom and Portugal), and when returning to the PRC in 1997 resp. 1999, Hong Kong and Macao were given the status of Special Administrative Regions with a high degree of autonomy also in legal matters. Against this background, the present paper discusses the question of Hong Kong and Macao are to be treated as parts of a Contracting State under the CISG. It argues that the answer must be in the affirmative as Article 97 CISG expressly provides that a Contracting State comprising different territorial units has to make an express declaration if it selects not to apply the CISG to certain of its territorial units, and the PRC has not done so.

Reimagining transnational validity under the CISG

2018 ◽  
Vol 17 (3) ◽  
pp. 156-168
Author(s):  
Ndubuisi Nwafor ◽  
Collins Ajibo ◽  
Chidi Lloyd
Keyword(s):  
United Nations ◽  
Design Methodology ◽  
Conceptual Approach ◽  
Content Type ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
Analytical Approaches

Purpose The aims and objectives of the United Nations Convention on Contracts for the International Sale of Goods (CISG) have been defeated by the intrusion of domestic laws of different contracting states in the interpretation of the provisions of this Convention. One of the most abused channels of this un-uniform interpretation is through art 4 of the CISG, which excludes the matters of validity and property from the Convention’s jurisdiction. This paper, therefore, aims to critically analyze the dangers of unsystematic reliance on the domestic laws in the interpretation of art 4 of the CISG on matters involving transnational validity and property. Design/methodology/approach The paper will use doctrinal methodology with critical and analytical approaches. The paper will incisively study the doctrines, theories and principles of law associated with validity of commercial contracts and the implications of exclusion of the doctrine of “validity” under the CISG. Findings The findings and contribution to knowledge will be by way of canvassing for a uniform transnational validity doctrine that will streamline and position the CISG to serve as a uniform international commercial convention. Originality/value This paper adopted a conceptual approach. Even though the paper ventilated the views of many writers on the issue of application of the doctrine of validity under the CISG, the paper, however, carved its own niche by making original recommendations on how to create a uniform validity jurisprudence under the CISG.

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