Jednostrani raskid kupoprodajnog ugovora poslije dospijeća obveza strana prema Konvenciji UN o međunarodnoj prodaji robe

The paper deals with avoidance of a contract of sale after the maturity of the parties' obligations under the UN Convention on the International Sale of Goods (The Vienna Convention). The Vienna Convention is a multilateral treaty establishing a unified legal regime for cross-border sales of goods, which form the backbone of international trade. The Vienna Convention is therefore considered to be one of the fundamental conventions of international commercial law, that is in force in 93 countries from all legal traditions and levels of economic development, which together represent more than two thirds of the global economy, which has greatly contributed to the harmonization of international trade law and the increase degree of legal certainty in international trade. In an effort to be acceptable to different legal systems, the Vienna Convention has largely deviated from the solutions of national rights and legal circles and created autonomous concepts and solutions. Special creative solutions were foreseen for the avoidance of the contract. The paper specifically analyzes avoidance in case of fundamental breach of contract, avoidance in case of the failure to comply with the additional deadline, avoidance in case of non-compliance, as well as avoidance because of the rights or claims of third parties. Particular attention is paid to complete and partial avoidance and avoidance in successive deliveries.

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The regulatory power of international trade contracts over 19th century Dutch commercial sales law

Amicus Curiae ◽

10.14296/ac.v2017i112.5043 ◽

2019 ◽

pp. 27-33

Author(s):

Janwillem Oosterhuis

Keyword(s):

International Trade ◽

19Th Century ◽

Historical Development ◽

Legal History ◽

Assistant Professor ◽

Important Influence ◽

Commercial Law ◽

Trade Law ◽

International Trade Law

Assistant Professor Janwillem Oosterhuis (Faculty of Law, Maastricht University) traces the historical development of international trade contracts, suggesting an important influence from 19th century Dutch commercial sales law. Index keywords: Netherlands, sales law, commercial law, legal history, international trade law

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Uniform Commercial Law in the Twenty-First Century - Proceedings of the Congress of the United Nations Commission on International Trade Law, New York, 18-22 May 1992, United Nations Publications, New York 1995, 276 p. (A/CN.9/SER.D/1) ISBN 92-1-133476-4. (Also available in French and Spanish)

Uniform Law Review ◽

10.1093/ulr/1.2.406 ◽

1996 ◽

Vol 1 (2) ◽

pp. 406-407

Author(s):

M. Evans

Keyword(s):

New York ◽

International Trade ◽

United Nations ◽

First Century ◽

Commercial Law ◽

Trade Law ◽

International Trade Law ◽

The United Nations ◽

Twenty First Century

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PEMBENTUKAN KERANGKA HUKUM INTERNASIONAL BAGI PENCEGAHAN PERDAGANGAN KAYU ILEGAL

Yuridika ◽

10.20473/ydk.v27i3.296 ◽

2012 ◽

Vol 27 (3) ◽

Author(s):

Aktieva Tri Tjitrawati

Keyword(s):

International Trade ◽

International Law ◽

State Government ◽

Forest Products ◽

Illegal Logging ◽

Legal Regime ◽

Trade Law ◽

International Trade Law ◽

Production And Consumption ◽

The Relationship

The implementation of international trade in the forest products that related with sustainable production and consumption cycle process include the legal regime of international trade in natural resources, the State Government exporters and importers, as well as markets in importing countries. International trade law regime is still have a weak role in preventing the illegal logging trade, hence it is required a International Law drafting concepts which can avoid illegal actions by obligating the exporters or the exporter countries with certain obligations. These efforts require a reconceptualization the relationship between trade and environment, which until now are often placed in the same dichotomy.Key Word: Legal Frame, Prevention, Illegal Logging.

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Political barriers in the ratification of international commercial law conventions

Uniform Law Review ◽

10.1093/ulr/unab003 ◽

2021 ◽

Author(s):

Johanna Hoekstra

Keyword(s):

International Trade ◽

United Nations ◽

Agenda Setting ◽

The Political ◽

Commercial Law ◽

Trade Associations ◽

Trade Law ◽

International Trade Law ◽

Key Stakeholders ◽

The United Nations

Abstract This article analyses the ratification of international commercial law conventions. The Convention for the International Sale of Goods (CISG) is almost 40 years old. In 2012, Switzerland proposed to the United Nations Commission on International Trade Law (UNCITRAL) to evaluate the CISG and assess whether there was need for a new convention. While UNCITRAL decided not to pursue this further, the questions that Switzerland raised remain pertinent. This is not just with regard to the legal and commercial need of a new convention but also regarding the political viability of such a project. This article focuses on the latter question. It analyses the main considerations that play a part in the ratification process of international commercial law conventions. It concentrates on agenda setting and the key actors and analyses the main barriers encountered during ratification. While this article is written in the context of the aforementioned proposal, the analysis has broader applicability to the ratification process of international commercial law conventions. The main conclusions highlight the importance of raising the visibility of commercial law conventions through lobbying by key stakeholders, including trade associations, formulating agencies, and businesses. The importance of this article lies in understanding the political barriers in the ratification of international commercial law conventions.

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Sources of International Trade Law

10.1093/law/9780198745365.003.0049 ◽

2018 ◽

Author(s):

Donald H. Regan

Keyword(s):

International Trade ◽

Vienna Convention ◽

Standard Source ◽

Trade Law ◽

International Trade Law ◽

Treaty Interpretation ◽

The Law ◽

The Individual

International trade law is overwhelmingly treaty-based. For practical purposes, the unique traditional ‘source’ of WTO law is the WTO treaty. But treaties require interpretation, and there are many controversial questions about what might be called the ‘sources for treaty interpretation’. What materials can be used to interpret a treaty, and how are they to be used? The standard source for answering these questions, especially in the WTO, is the Vienna Convention on the Law of Treaties (VCLT). This chapter discusses a fundamental, and largely overlooked, question about the structure of the VCLT—the rationale of the distinction between Articles 31 and 32 of the VCLT. The answer is central to understanding the individual provisions of these Articles.

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