The Notice Requirement of Article 39 and Islamic Law: Developed vs. Developing Countries

2012 ◽  
Vol 26 (4) ◽  
pp. 481-498
Author(s):  
Abdullah S. Alaoudh

Abstract Article 39 of the United Nations Convention for the International Sale of Goods, 1980 (CISG) requires a buyer to notify the seller within a reasonable time of any non-conformity. This requirement has been advanced by courts and applied mostly in favour of the developed countries by adopting a strict interpretation of Articles 39 and 44. This interpretation should be revisited, taking into consideration certain circumstances within some developing countries, e.g., observance to Islamic law and the lack of sophistication of many buyers as to regulations for international commerce. Although the provisions in Article 39 are not uncommon in several developing countries and under Islamic law, during their implementation, however, courts may neglect the Article’s legislative history and intent to uniformity and flexibility. Such strict interpretation may deter developing countries from participating in and benefiting from the CISG. A more contextual interpretation of these Articles will not contradict Islamic law.

1974 ◽  
Vol 13 (3) ◽  
pp. 361-362 ◽  
Author(s):  
A. R. Kemal

Foreign exchange is one of the major constraints to the growth of the -developing economies. However, demand for primary commodities—main exports of the developing economies—is inelastic. Moreover, the developed countries have put restrictions on imports, from developing countries, of manu¬factured products in which the latter have comparative advantage, e.g., cotton textiles. The Report under review studies the problems of exports from the developing countries in considerable details.


1970 ◽  
Vol 10 (4) ◽  
pp. 469-490
Author(s):  
Nurul Islam

Foreign economic aid is at the cross-roads. There is an atmosphere of gloom and disenchantment surrounding international aid in both the developed and developing countries — more so in the former than in the latter. Doubts have grown in the developed countries, especially among the conservatives in these countries, as to the effectiveness of aid in promoting economic development, the wastes and inefficiency involved in the use of aid, the adequacy of self-help on the part of the recipient countries in husbanding and mobilising their own resources for development and the dangers of getting involved, through ex¬tensive foreign-aid operations, in military or diplomatic conflicts. The waning of confidence on the part of the donors in the rationale of foreign aid has been accentuated by an increasing concern with their domestic problems as well as by the occurrence of armed conflicts among the poor, aid-recipient countries strengthened by substantial defence expenditure that diverts resources away from development. The disenchantment on the part of the recipient countries is, on the other hand, associated with the inadequacy of aid, the stop-go nature of its flow in many cases, and the intrusion of noneconomic considerations governing the allocation of aid amongst the recipient countries. There is a reaction in the developing countries against the dependence, political and eco¬nomic, which heavy reliance on foreign aid generates. The threat of the in¬creasing burden of debt-service charge haunts the developing world and brings them back to the donors for renewed assistance and/or debt rescheduling.


2010 ◽  
Vol 27 (4) ◽  
pp. 23-44
Author(s):  
Ruzita Mohd. Amin

The World Trade Organization (WTO), established on 1 January 1995 as a successor to the General Agreement on Tariffs and Trade (GATT), has played an important role in promoting global free trade. The implementation of its agreements, however, has not been smooth and easy. In fact this has been particularly difficult for developing countries, since they are expected to be on a level playing field with the developed countries. After more than a decade of existence, it is worth looking at the WTO’s impact on developing countries, particularly Muslim countries. This paper focuses mainly on the performance of merchandise trade of Muslim countries after they joined the WTO. I first analyze their participation in world merchandise trade and highlight their trade characteristics in general. This is then followed by a short discussion on the implications of WTO agreements on Muslim countries and some recommendations on how to face this challenge.


2018 ◽  
Vol 68 (3) ◽  
pp. 311-335
Author(s):  
Abubakr Saeed ◽  
Yuhua Ding ◽  
Shawkat Hammoudeh ◽  
Ishtiaq Ahmad

This study examines the relationship between terrorism and economic openness that takes into account both the number and intensity of terrorist incidents and the impact of government military expenditures on trade-GDP and foreign direct investment-GDP ratios for both developed and developing countries. It uses the dynamic GMM method to account for endogeneity in the variables. Deaths caused by terrorism have a significant negative impact on FDI flows, and the number of terrorist attacks is also found to be significant in hampering the countries’ ability to trade with other nations. The study also demonstrates that the developing countries exhibit almost similar results to our main analysis. The developed countries exhibit a negative impact of terrorism, but the regression results are not significant.


2020 ◽  
Vol 42 (3) ◽  
Author(s):  
Mohan R Sharma

In 2002, Richard Smith wrote an editorial, “publishing research from developing countries” in the Journal “Statistics in Medicine” highlighting the importance of research and publication from the developing countries (DCs).1 In that article, he mentioned the disparity in research and publication between the developed and developing countries. Almost two decades on, the problem still largely remains the same. It is estimated that more than 80% of the world’s population lives in more than 100 developing countries.2 In terms of disease burden, the prevalence and mortality from diseases in the low and middle-income countries are disproportionately high compared to developed countries.3 Although there is a high burden of disease, we base our treatment inferring results from research and publication from the developed countries which may not be fully generalizable due to geographical cultural, racial, and economic factors. This is where the problem lies.


Author(s):  
Opeyemi Idowu Aluko

Poverty is no longer fashionable even in the less developed countries of the world. The world has deemed poverty-ridden regions of the world as ‘anathema', forbidden, and ignoble. At the same time ways to get out of the menace are regularly strategised over a period of time. The developed countries of the world had been able to nip poverty to the bud significantly, but the developing countries still have a lot to do so as to overcome the menace. Poverty in the developing countries operates in a cycle of repetitions. This makes it difficult to curtail. How can poverty be reduced in the developing countries? This study reveals the reason while poverty has become a domestic phenomenon in developing countries and the way forward. The theory on poverty is evaluated alongside the present economic situation in Africa. The cycle of poverty, which includes the social cycle of poverty (SCP), political cycle of poverty (PCP), and the economic cycle of poverty (ECP), are examined. This study analyses the strategies to break the cycle of poverty in Africa and other developing countries.


Author(s):  
Branislav Simonović ◽  

International anti-corruption conventions are of great importance for building universal standards aimed at combating corruption. Despite the fact that most countries have ratified regional anti-corruption conventions and the universal - UN Convention against Corruption, the implementation of conventions in developing countries is not at a satisfactory level. One of the biggest challenges is the lack of political will to fight corruption. This paper analyzes some systemic weaknesses of the United Nations Convention against Corruption regarding ambiguity, vagueness and optionality in the application of some norms of the convention, as well as weaknesses in the system of monitoring the implementation of the convention, which do not contribute to improving political will to fight corruption.


2017 ◽  
Vol 7 (3) ◽  
pp. 226
Author(s):  
Abdul Hameed Panhwar ◽  
Shahnaz Baloch ◽  
Sanam Khan

This paper examines communicative language teaching (CLT) and its significance in terms of language teaching and learning. The actual purpose of the paper is to explore the causes of failure of CLT in Pakistan and other developing countries in order to suggest the ways to make it successfully effective in the context. It is found that contextual problems such as overuse of traditional methods of teaching such as lecturing and large classes always come into clash with the use of CLT in the developing countries such as Pakistan because CLT is in fact a method developed and used in the developed countries where the contextual issues found in the educational institutes are rare as compared to developing countries.


Author(s):  
Zubeeda Banu Quraishy

In general, developed countries in the world is where Information and Communications Technology (ICT) is in an advanced state, governments in developing countries particularly in the Asia- Pacific region are only in the initial phases of adopting ICT. ICT has demonstrated benefits for governments in developing countries to improve management, information and reporting, streamline the delivery of government services, enhance communication with the citizenry, and serve as a catalyst for empowering citizens to interact with the government. The United Nations Development Programme (UNDP, 2001) considers that ICT is a useful tool for developing countries to progress and leapfrog to the applications applied in the developed world. The Indian draft report on ICT and Human Development records that in the 21st century there is large growth and diversification of the ICT sector in India particularly in areas of agriculture and in service sectors (UNDP, 2004). The United Nations even has an ICT advisory group with representatives from governments of developing countries and the industry (Singh, 2001).


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