scholarly journals "The procedural Rules of the Disputes of the Contracts of International Trade Law in Arab Regulations under the International Agreements "Comparative Study: القواعد المادية لمنازعات عقود قانون التجارة الدولية في الأنظمة العربية في إطار الاتفاقيات الدولية "دراسة مقارنة"

2017 ◽  
Vol 3 (2) ◽  
Author(s):  
Zubaida Abdel-Hadi
Keyword(s):  
International Trade ◽  
International Agreements ◽  
Comparative Approach ◽  
Commercial Development ◽  
Trade Law ◽  
International Trade Law ◽  
Arbitration Clause ◽  
International Trading ◽  
Global Nature ◽  
International Conventions

The current study aims at identifying the substantive and procedural rules of the international commercial contracts disputes in the Arabic regimes and agreements under the international conventions. In this context, the study considered the related international conventions. The study relied on the analytical descriptive comparative approach. This study reached results about the non- submission of the international commercial contracts to the “law of the Judge”. The contractors put in advance the arbitration clause in the international commercial contracts to the global nature of the international contract arising at the occurrence of conflict. Finally, among the most important findings was the focus of the Arabic legislations on the international agreements to be an integral part of the national law, and updating the systems to keep up with the international economic and commercial development. The current study consists of three chapters:- Introductory Chapter: Identification of the international trade contract. Chapter (I): The substantive rules that should be applied to the disputes of the International Trading Transactions Contracts. Chapter (II): The procedural rules of the conflicts relating to the International Trade Contracts.

Part III Investment Disputes and Political Risk, 8 Arbitration Procedure

2020 ◽  
Author(s):  
Rubins Noah ◽  
Papanastasiou Thomas-Nektarios ◽  
Kinsella N Stephan
Keyword(s):  
International Trade ◽  
United Nations ◽  
Selection Process ◽  
International Arbitration ◽  
Contractual Arrangements ◽  
Trade Law ◽  
International Trade Law ◽  
Arbitration Clause ◽  
The World ◽  
Arbitration Procedure

This chapter provides an overview of international arbitration procedure both under arbitration treaties and contractual arrangements, particularly under the auspices of the World Bank’s International Centre for the Settlement of Investment Disputes (ICSID) and arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL). The chapter begins by describing the most prominent international arbitration rules. It then covers the pre-dispute drafting of an arbitration clause. Finally, it offers a guide through a “typical” arbitration, whether initiated pursuant to contract or treaty, from the lodging of a claim and the arbitrator selection process, through written and oral argument, to the issuance and challenge of awards.

International Trade Law: the Impact of Justiciability and Separations of Powers in EC Law

2009 ◽  
Vol 5 (2) ◽  
pp. 307-326 ◽  
Author(s):  
Thomas Cottier
Keyword(s):  
International Trade ◽  
Separation Of Powers ◽  
International Agreements ◽  
Checks And Balances ◽  
Trade Law ◽  
International Trade Law ◽  
External Relations ◽  
Ec Law ◽  
The Impact ◽  
Current Standards

Direct effect of international agreements – WTO – Current jurisprudence and theories – Implications for separation of powers and checks and balances – Justiciability – Criticism of current standards: precision and reciprocity – Reversal of dual concept in EU external relations

(Re)Imagining the Trade–Labour Linkage

2019 ◽  
pp. 290-310
Author(s):  
Clair Gammage
Keyword(s):  
International Trade ◽  
Critical Analysis ◽  
Capabilities Approach ◽  
Trade Law ◽  
International Trade Law ◽  
Labour Dispute ◽  
Normative Foundation ◽  
Alternative Vision ◽  
Labour Standards ◽  
International Trading

This chapter explores the role that international trade law can play in protecting and promoting workers’ rights. Using the capabilities approach to invert the normative foundation of the international trading system, this chapter proposes that the trade–labour linkage should be reimagined with a greater focus on human freedoms and capabilities. It will be argued that the increasingly formalist interpretation of trade rules at the multi-lateral level and in the context of free trade agreements (FTAs) has resulted in the marginalization of labour standards. A critical analysis of the recent Guatemala Labour Dispute, which is the first labour standards dispute to be brought under a FTA, is presented with a view to highlighting how the interpretation of international trade rules can result in the perpetuation of human unfreedoms. This chapter concludes by arguing that the capabilities approach offers an alternative vision for development, but the transformative potential for a just and equitable trade regime can only be realized if there is a meaningful commitment to human agency and participation.

scholarly journals Towards a Reformed Carriage of Goods by Sea Law: Indonesia and Global Practice

2020 ◽  
pp. 61-79
Author(s):  
Tetty Lubis
Keyword(s):  
International Trade ◽  
United Nations ◽  
Best Interests ◽  
Comparison Analysis ◽  
Trade Law ◽  
International Trade Law ◽  
Major Trading Partner ◽  
The World ◽  
Trading Partners ◽  
International Conventions

The UNCITRAL (United Nations Commission on International Trade Law) has adopted four international conventions to standardize laws governing the carriage of goods by sea. Hybrid versions of the four conventions have been largely applied by most maritime countries in the world, which leave a few countries to uphold their own versions, including Indonesia. Ten major trading partner countries with Indonesia have long established the implementation of provisions under the UNCITRAL conventions, while Indonesia still stays with 1898 codes, inherited from Dutch colonization. This paper examines the key provisions and shortcomings of UNCITRAL conventions and their global adoption. The discussion continues to individually evaluate and compare the legal practices of governing carriage goods by sea in Indonesia and its ten major country partners. The comparison analysis results in similar implementation of a hybrid version of the four UNCITRAL conventions adopted by the ten trading partners; which strongly encourages Indonesia to replace the 1898 commercial codes with current international practices that convey the best interests of Indonesia.

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