The Implications of Conflict of Laws Upon International Trade and Transactions and as Observed from a Malaysian Context -- An Overview

2014 ◽  
Author(s):  
Sumitra Woodhull
Keyword(s):  
International Trade ◽  
Conflict Of Laws

Part II A View Through Illustrative Contracts and Harmonizing Instruments, 13 Receivables Financing: The UNIDROIT Convention on International Factoring and the United Nations Convention on the Assignment of Receivables in International Trade

2015 ◽  
Keyword(s):  
International Trade ◽  
United Nations ◽  
International Assignment ◽  
Conflict Of Laws ◽  
United Nations Convention ◽  
The United Nations ◽  
International Factoring

This chapter is devoted to international receivables financing and to two instruments in particular: the 1988 UNIDROIT Convention on international factoring and the 2001 UN Convention on the assignment of receivables in international trade. Factoring is particular form of receivables financing and the UNIDROIT Convention is confined to factoring involving notification to the debtor. The chapter explains the concept of factoring, the genesis of the Convention, and its sphere of application, connecting factor and principal provisions. The UN Convention is much broader, covering both the international assignment of receivables and the assignment of international receivables, and it combines substantive provisions with conflict of laws rules. The chapter describes the sphere of application of the UN Convention and its key provisions. Both conventions contain provisions overriding contractual restrictions on assignment. The chapter also examines the duties of the debtor and the conflict rules applicable to the priority of competing assignments.

scholarly journals PRIVATE INTERNATIONAL LAW / CONFLICT OF LAWS AND DIAMOND TRADE

Obiter ◽  
2021 ◽  
Vol 31 (2) ◽  
Author(s):  
Fikile Portia Ndlovu
Keyword(s):  
South Africa ◽  
International Trade ◽  
International Law ◽  
South African ◽  
Global Economy ◽  
Correct Identification ◽  
Private International Law ◽  
Conflict Of Laws ◽  
Legal Context ◽  
The Relationship

Any researcher of South African diamond laws would find it inevitable that such research discusses the relationship between international diamond transactions and conflict of laws. This is particularly evident in cases where legal disputes have arisen pertaining to such transactions. This article will make reference to the terms “private international law” and “conflict of laws” interchangeably, although “conflict of laws” will be preferred for reasons of taste rather than logic. The aim of this paper is to illustrate the concept of conflict of laws in general and how it significantly impacts the manner in which courts will ultimately decide on the law to be applied in a matter possibly involving inter alia international diamond transactions. This demonstrates the consistent relevance of conflict of laws particularly in light of the global economy. The correct identification and understanding of conflict of laws’ principles can be stretched to accommodate all other areas of international trade. However, for the purposes of understanding how diamond trade is impacted by conflict of laws in South Africa, this paper will be limited to the legal context of diamond-relevant trade and the latest guidelines provided by our courts in relation to the choice of law in matters where conflict of laws has arisen. 

Comecon and the Unification of International Trade Law

1973 ◽  
Vol 67 (5) ◽  
pp. 55-61
Author(s):  
Thomas W. Hoya
Keyword(s):  
International Trade ◽  
Comecon Country ◽  
The West ◽  
Conflict Of Laws ◽  
Trade Law ◽  
International Trade Law ◽  
Substantive Law ◽  
General Conditions

Comecon has achieved a goal long sought by the West: putting into effect a broad unification of international trade law. In 1958 each Comecon country adopted the Comecon General Conditions for the Delivery of Goods. Since then the General Conditions have regulated with the force of law every contract for the sale of goods between the Comecon countries. These General Conditions are a broad unification of both substantive law and conflict of laws rules.

Theory of International Trade

1980 ◽  
Author(s):  
Avinash Dixit ◽  
Victor Norman
Keyword(s):  
International Trade
Sign in / Sign up

Export Citation Format

Share Document