THE IMPACT OF COVID-19 ON THE PERFORMANCE OF INTERNATIONAL COMMERCIAL CONTRACTS FOR THE SALE OF GOODS – FORCE MAJEURE AND HARDSHIP

The outbreak of COVID-19 has had massive negative impact across all industries and fields in the entire world. While the negative health impact is slowly stabilizing, the economic impact is in full effect and the harm is yet to be evaluated. On macroeconomic level, the necessary measures for combating the pandemic which were undertaken by governments have significantly restricted international trade. On microeconomic level, merchants and businesses are faced with inability or extreme obstacles in their daily operations and particularly in performing their international sales contracts. Failure to perform results in contractual breach and unwanted claims for damages. The paper addresses the impact which COVID-19 has on the performance of international commercial contracts for the sale of goods. The paper considers the impediments which may arise due to the pandemic outbreak and evaluates them from a legal perspective under the UN Convention on Contracts for the International Sale of Goods from 1980 (CISG), which is the main legal instrument governing international sales contracts. Particularly, the paper focuses on the question of exemption from liability in a situation where either of the contractual parties fails to perform and breaches an obligation. The evaluation is conducted through interpretation of the concepts of force majeure and hardship, as grounds for non-performance or contract renegotiation in light of the current situation.

Qualitative Exploration of Legal, Economic and Health Impacts of Covid-19 in Saudi Arabia

Emerging Science Journal ◽

10.28991/esj-2022-sper-01 ◽

2021 ◽

Vol 6 ◽

pp. 1-14

Author(s):

Yusuff Jelili Amuda ◽

Emna Chikhaoui ◽

Shafiqul Hassan ◽

Mohsin Dhali

Keyword(s):

Saudi Arabia ◽

Negative Impact ◽

Health Impact ◽

Primary Objective ◽

Health Impacts ◽

Qualitative Research Design ◽

Force Majeure ◽

The Government ◽

Qualitative Exploration ◽

Since the outbreak of COVID-19, several researches have been conducted in different parts of the world, including Saudi Arabia. However, there is little focus of attention on qualitative exploration of the impacts of COVID-19 in the context of Saudi Arabia. The primary objective of this study was to explore the opinions of legal, economic, and medical experts pertaining to the impacts of COVID-19. The methodology employed in this paper was a qualitative research design. The data was collected with a specific focus on the use of an in-depth interview. Fifteen (15) participants among the legal, economic, and medical experts were finally used for the interview among the targeted participants. In order to analyze the data, different themes were generated from the transcribed interviews, which were: Overview of COVID-19, legal, economic, health impacts. The finding of the study revealed that the current pandemic of Covid-19 has multidimensional impacts in Saudi Arabia. The pandemic has negative impact not only on the social and economic areas but also on the legal sphere. Social and economic impacts of the Covid-19 increase the inequality, discrimination, unemployment, deprivation of usual education, and disruption in business activities. The findings further indicated that the legal impact of COVID-19 has been mentioned in the aspect of the inability to perform contracts that have the potential to trigger default or force majeure provisions leading to litigation or reconciliation. In addition, the participants also acknowledged the health impact of COVID-19 in causing anxiety, suffering from illness, loneliness, depression, and causing death, among others. If not properly addressed through effective measures and policy, the impact of the COVID-19 on the legal, economic, and health spheres would have severe consequences. Therefore, it is recommended that all the stakeholders, especially the government of Saudi Arabia should effectively and efficiently address the legal, economic, and health impacts of COVID-19. Doi: 10.28991/esj-2022-SPER-01 Full Text: PDF

A Pluralist Approach to the Law of International Sales

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.17159/1727-3781/2017/v20i0a1355 ◽

2017 ◽

Vol 20 ◽

pp. 1

Author(s):

Juana Coetzee

Keyword(s):

International Trade ◽

Private Law ◽

The European Union ◽

Tariff Barrier ◽

Trade Law ◽

International Trade Law ◽

Sales Contracts ◽

Uniform Law ◽

Common European Sales Law ◽

International trade can support economic development and social upliftment. However, people are often discouraged from contracting internationally due to differences in legal systems which act as a non-tariff barrier to trade. This article focuses on the private law framework regulating international contracts of sale. During the twentieth century, the problem of diverse laws was primarily addressed by global uniform law such as the United Nations Convention on Contracts for the International Sale of Goods (CISG). However, uniform law is rarely complete and has to be supplemented by national law, trade usage or party agreement. Because of gaps that exist in the CISG the Swiss government made a proposal for a new global contract law. But is this a feasible solution to the fragmentary state of international trade law? In Europe, signs of reluctance are setting in towards further harmonisation efforts. The Proposal for a Common European Sales Law (CESL) was recently withdrawn, and now Britain has voted to leave the European Union; rumour having it that more countries might follow. The current private law framework for international sales contracts consists of a hybrid system where international, national, state and non-state law function side by side. This article submits that universalism is not per se the most efficient approach to the regulation of international sales law and that economic forces require a more varied approach for business-to-business transactions. The biggest challenge, however, would be to manage global legal pluralism. It is concluded that contractual parties, the courts and arbitral tribunals can effectively manage pluralism on a case-by-case basis.

International Trade in the Aftermath of the COVID-19 Pandemic

World Economy and International Relations ◽

10.20542/0131-2227-2021-65-10-15-23 ◽

2021 ◽

Vol 65 (10) ◽

pp. 15-23

Author(s):

V. Zagashvili

Keyword(s):

International Trade ◽

Industrial Revolution ◽

Negative Impact ◽

Mutual Recognition ◽

Structural Factors ◽

Economic Stability ◽

International Trading ◽

National Boundaries ◽

Long Term Impact ◽

The article examines the implications of the COVID‑19 pandemic for the development of international trade. The international trading system has demonstrated sufficient maturity and the ability to remain stable even in extreme conditions. The negative impact of COVID‑19 on trade was provided through a general drop in demand, disruptions in and business travel. Attempts to foster economic stability and enhance the resilience of global value chains through self-reliance and limiting supply network within national boundaries are counterproductive. The solution to the efficiency versus safety dilemma lies in the area of diversification. In the medium term after the expected rapid recovery growth the development of international trade is likely to slow down and the growth rates of trade and production will trend towards convergence. The long-term impact of the pandemic on international trade will be manifested through the impact of structural factors: the Fourth Industrial Revolution, trends in the field of transnational production, changes in the paradigm of social development, competition between economic policy models, rivalry between leaders of the world economy, and the results of efforts to regulate trade on the multilateral basis. The pandemic made more obvious the need for cooperation, not only in the narrow aspect of coordinating anti-epidemic measures, but also in the broader sense of promoting development and narrowing the gap in welfare, health care and the quality of life in general, both in different countries and within countries. In the area of trade policy, it highlighted the urgent need for closer cooperation in overcoming barriers to trade (lowering duties, removing technical barriers, mutual recognition of sanitary certificates, interfacing digital regulation systems). The disunity and noticeable confusion of governments during the pandemic emphasized the task of overcoming the WTO crisis.

ICC Rules for the use of domestic and international trade terms: INCOTERMS 2020

Zbornik radova Pravnog fakulteta Nis ◽

10.5937/zrpfn0-33249 ◽

2021 ◽

Vol 60 (91) ◽

pp. 31-50

Author(s):

Sandra Fišer-Šobot

Keyword(s):

International Trade ◽

Special Reference ◽

Global Trade ◽

Risk Transfer ◽

Business Transactions ◽

Sales Contracts ◽

Legal Nature ◽

Effective Use ◽

The use of trade terms in sales contracts, especially international sales contracts, is customary and very common since it contributes to the acceleration of business transactions, concurrently increasing their certainty and predictability. The ICC Rules for the use of domestic and international trade terms -INCOTERMS 2020 have been in effective use since 1 January 2020. Their goal is to enable the development of global trade in an easier, more effective and safer manner. In this paper, the author analyses the development, importance and legal nature of INCOTERMS, with special reference to its current 2020 revision and particular focus on the seller's obligation to deliver the goods and risk transfer from the seller to the buyer.

DOMESTICATION OF THE CISG: EXAMPLES FROM A FEW JURISDICTIONS

Journal of Law and Commerce ◽

10.5195/jlc.2020.201 ◽

2020 ◽

Vol 38 (1) ◽

Author(s):

Vjosa Osmani-Sadriu

Keyword(s):

International Trade ◽

Contract Law ◽

Interesting Case ◽

Nordic Countries ◽

Reform Process ◽

International Treaty ◽

Sales Contracts ◽

Model Law ◽

The Impact ◽

Domestic Law

The importance and influence of the CISG as an international treaty should not only be assessed from the perspective of the number of ratifications it received from around the globe. It should, rather, also include an analysis of the impact the Convention has had on domestic jurisdictions, either by being used as a model law for domestic sales law, or simply by influencing the reform process while different countries were drafting their new contract law. For that reason, this paper shall present a number of examples where the effect of the CISG has gone beyond its initial purpose of creating uniform rules in international trade. This paper initially shows the interesting case of Kosovo, where the text of the CISG was used as domestic law for sales contracts for more than a decade. It further shows some other examples, from Nordic countries and beyond, where the CISG was either used as a model for domestic sales or as a source of inspiration for drafting contract law.

Force Majeure and Hardship in International Sales Contracts

Victoria University of Wellington Law Review ◽

10.26686/vuwlr.v39i4.5487 ◽

2008 ◽

Vol 39 (4) ◽

pp. 709 ◽

Cited By ~ 4

Author(s):

Ingeborg Schwenzer

Keyword(s):

The Netherlands ◽

Historical Background ◽

Legal Systems ◽

Sales Contracts ◽

Force Majeure ◽

International Sale Of Goods ◽

This article takes an analytical look of the concepts of force majeure and hardship when attempting to extract oneself from an agreement. The article starts off with a brief summary of their historical background and their presence in various domestic legal systems, such as France, Germany and the Netherlands. It goes on to examine the Convention on the International Sale of Goods (CISG) which does not have force majeure and hardship provisions but does have a provision that has the same effect. The article goes on to describe the requirements for avoiding liability in international sales contracts and concludes with the consequences of force majeure and hardship.

The Impact of COVID-19 on the Mental Health of Autistic Adults in the UK: A Mixed-Methods Study

10.31219/osf.io/9v5qh ◽

2021 ◽

Author(s):

Rebecca Bundy ◽

William Mandy ◽

Laura Crane ◽

Hannah Belcher ◽

Laura Bourne ◽

...

Keyword(s):

Mental Health ◽

Mixed Methods ◽

Online Survey ◽

Negative Impact ◽

Self Regulation ◽

Health Impact ◽

Mixed Methods Study ◽

Autistic People ◽

Autistic Adults ◽

The COVID-19 pandemic has been associated with mental health declines in the general population. Those with pre-existing vulnerabilities are known to be at particular risk. This may include autistic people, who have high levels of mental and physical health problems. Yet little is currently known about the impact of the pandemic on autistic people. Using an online survey, this mixed-methods study gathered data from 133 autistic adults in the United Kingdom (UK), about their experiences of the pandemic in relation to their mental health. Results indicated that the mental health impact of the pandemic on autistic adults was variable. A sizeable minority reported improvements in their mental health associated with COVID-19 restrictions. By contrast, most participants described an overall negative impact their levels of depression, anxiety and stress. Analysis of qualitative data using thematic analysis highlighted four themes that contributed to mental health changes in autistic adults: (i) adjusting to changes to the social world, (ii) living with uncertainty, (iii) disruptions to self-regulation, and (iv) barriers to fulfilling basic needs. Based on these findings, we discuss recommendations about how to support autistic people; both as the pandemic persists and once normality ensues.

How can the public health impact of vaccination be estimated?

BMC Public Health ◽

10.1186/s12889-021-12040-9 ◽

2021 ◽

Vol 21 (1) ◽

Author(s):

Susy Echeverria-Londono ◽

Xiang Li ◽

Jaspreet Toor ◽

Margaret J. de Villiers ◽

Shevanthi Nayagam ◽

...

Keyword(s):

Birth Cohort ◽

Health Impact ◽

Activity Type ◽

Yearly Variation ◽

Vaccine Preventable Diseases ◽

The Public ◽

Full Effect ◽

Impact Modelling ◽

Vaccine Impact ◽

Abstract Background Deaths due to vaccine preventable diseases cause a notable proportion of mortality worldwide. To quantify the importance of vaccination, it is necessary to estimate the burden averted through vaccination. The Vaccine Impact Modelling Consortium (VIMC) was established to estimate the health impact of vaccination. Methods We describe the methods implemented by the VIMC to estimate impact by calendar year, birth year and year of vaccination (YoV). The calendar and birth year methods estimate impact in a particular year and over the lifetime of a particular birth cohort, respectively. The YoV method estimates the impact of a particular year’s vaccination activities through the use of impact ratios which have no stratification and stratification by activity type and/or birth cohort. Furthermore, we detail an impact extrapolation (IE) method for use between coverage scenarios. We compare the methods, focusing on YoV for hepatitis B, measles and yellow fever. Results We find that the YoV methods estimate similar impact with routine vaccinations but have greater yearly variation when campaigns occur with the birth cohort stratification. The IE performs well for the YoV methods, providing a time-efficient mechanism for updates to impact estimates. Conclusions These methods provide a robust set of approaches to quantify vaccination impact; however it is vital that the area of impact estimation continues to develop in order to capture the full effect of immunisation.

The Effect of Internal and External Conflicts on the Country Trade and Economic Growth: Case from Emerging and Developed Countries

International Journal of Economics and Finance ◽

10.5539/ijef.v13n9p134 ◽

2021 ◽

Vol 13 (9) ◽

pp. 134

Author(s):

Elham Jafarzadeh ◽

He Shuquan

Keyword(s):

Economic Growth ◽

International Trade ◽

Negative Impact ◽

Random Effect ◽

Developed Countries ◽

Empirical Examination ◽

Developed Economies ◽

Internal Conflicts ◽

The current study investigates the impact of internal conflicts and external conflicts on the overall trade of a country, imports and exports in both developed and emerging markets. The study has used 128 countries for the estimation with data collected from the world bank for the period of 1996 and 2016 using the Hausman test. The results of the random effect showed that internal conflicts and external conflicts have negative impact on the imports and exports of countries in both developing and developed economies. The findings of the current study have several implications for both academicians and practitioners. The study has provided a deep insight in to the role of internal and external conflicts (a commonly emergent issue) for international trade and economic growth in both developing and developed countries. The current study has broadened the scope of literature on international finance and trade by providing a unique empirical examination on the role of conflicts in international trade and economic growth which is rarely been examined in the literature. Moreover, the study has some practical implications for the policymakers and government to make their international relations as such that to avoid internal and external conflicts if they want to increase international trade and economic growth. More specifically in developing countries there is more prevalence of internal and external conflicts which is the route cause of the lower level of international trade and is one of the important cause of lower level of economic growth.

Russia in international ratings and the impact of coronavirus on its economy

Buhuchet v sel'skom hozjajstve (Accounting in Agriculture) ◽

10.33920/sel-11-2007-06 ◽

2020 ◽

pp. 76-85

Author(s):

V. Rakhaeva ◽

V. Mizyureva

Keyword(s):

Economic Growth ◽

Negative Impact ◽

Raw Materials ◽

Technological Development ◽

Government Support ◽

Russian Economy ◽

Force Majeure ◽

Systemic Problems ◽

The Stability ◽

In the spring of 2020, the Russian economy, like the economies of many countries of the world, underwent a serious test. The losses and consequences of this test are largely determined by the stability of the economy, the stability of institutions, the presence or absence of systemic problems. In this article, the authors focus on the main problems of the Russian economy and how they are aggravated by the pandemic. Different models of government support for the economy are used in different countries with different levels of economic development, social and economic priorities. The most important task of the state in Russia in the short term is to implement measures aimed at combating the collapsed problems in connection with the pandemic: competent support for the financial and real sectors, the population and the social sphere. In the long term, in order to ensure economic growth, it is necessary to focus on solving the following identified problems: the raw materials dependence of the Russian economy, the low quality of economic growth, the decline in real incomes of the population, the uneven level of technological development of industries and regions, and the lack of macroeconomic stability. The presence of these problems made the Russian economy even more vulnerable to the negative impact of force majeure and increased the relevance of their solution.