scholarly journals Revisiting Barter under the CISG

2010 ◽  
Vol 29 (1) ◽  
Author(s):  
Andrew J Horowitz
Keyword(s):  
International Trade ◽  
United Nations ◽  
International Organizations ◽  
Trade Law ◽  
International Trade Law ◽  
Uniform Law ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sales ◽  
Domestic Level

As the United Nations Commission on International Trade Law (hereinafter “UNCITRAL”) circulated a draft of what eventually became the United Nations Convention on Contracts for the International Sales of Goods (hereinafter “CISG”), it examined the need for uniform law with respect to barter transactions. At that time in 1978, various international organizations were concerned that, while barter transactions were infrequent at the domestic level, such transactions carried growing importance in international trade.

United Nations Convention on Transparency in Treaty-based Investor-State Arbitration

2015 ◽  
Vol 54 (4) ◽  
pp. 747-757 ◽  
Author(s):  
Neale H. Bergman
Keyword(s):  
International Trade ◽  
United Nations ◽  
General Assembly ◽  
Efficient Mechanism ◽  
Trade Law ◽  
International Trade Law ◽  
United Nations General ◽  
United Nations General Assembly ◽  
United Nations Convention ◽  
The United Nations

On December 10, 2014, the United Nations General Assembly adopted the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, also known as the Mauritius Convention on Transparency, which was prepared by the United Nations Commission on International Trade Law (UNCITRAL). The Mauritius Convention is intended to provide states with an efficient mechanism for applying the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (Transparency Rules) in investor-state arbitrations arising under investment treaties concluded before the Transparency Rules’ effective date of April 1, 2014. The Mauritius Convention was opened for signature on March 17, 2015, in Port Louis, Mauritius.

scholarly journals A Pluralist Approach to the Law of International Sales

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 Sales

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.        

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