International trade law Part 10

 

United Nations Commission on International trade law (UNCITRAL) / Commission des Nations Unies pour le droit commercial international (CNUDCI)
Uniform Law Review
Volume 12, Number 1, 2007 p.178

Shifting Paradigms of Parochialism: Lessons for International Trade law
Elizabeth Trujillo
Journal of International Law and International Relations
Volume 3, Number 2, Fall 2007 p.41

DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/ INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 4, 2007

To breed or to exhibit?: The Asian Elephants case and reasons for regulatory failure
Margaret Allars
Environmental and Planning Law Journal
Volume 24, Number 5, September 2007 p.329

The Asian Elephants case is best known as a challenge in the Administrative Appeals Tribunal to a decision to permit the importation of eight Asian elephants to be exhibited in zoos in Australia. Without attempting to enter the issues of the merits as they were determined by the Tribunal, such as the arrangements made by the zoos for the welfare of these animals, this article addresses the adequacy of the regulatory framework for the issue of such permits. It is argued that Pt 13A of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) fails to make proper provision for compliance by Australia with the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The central failure is a neglect of the purposes of the importer, a matter which is highlighted by consideration of Administrative law principles relating to improper purpose.

Schnitzer: Understanding International Trade law
Lloyd’s Maritime and Commercial law Quarterly
Volume 2007, Part 2, May 2007 p.267

International law and reparations for the Atlantic Slave Trade: A case study in legal obfuscation
Stephen Peté and Max du Plessis
South African Yearbook of International Law
Volume 31, 2006 p.243

Multilevel Judicial Governance of International Trade Requires a Common Conception of Rule of law and Justice
Ernst-Ulrich Petersmann
Journal of International Economic Law
Volume 10, Number 3, September 2007 p.529-551

International Trade Law and Common Mistake: Has There Really Been a Satisfactory Clarification of what Fundamental Legal Principles Apply?
Des Taylor
International Trade and Business Law Review
Volume 10, 2006 p.49

The Language of International Trade Law: Problems or Salvation?
Bruno Zeller
International Trade and Business Law Review
Volume 10, 2006 p.179

BOOK REVIEW: DALHUISEN ON INTERNATIONAL COMMERCIAL, FINANCIAL AND TRADE LAW, SECOND EDITION BY JAN DALHUISEN
Jerry Clark
Currents: International Trade Law Journal
Volume 14, Number 1, Summer 2005 p.96

John E. James Distinguished Lecture International Trade and The Rule of law
Jean-Yves de Cara
Mercer Law Review
Volume 58, Number 4, Summer 2007 p.1357

USA Ct. App. 7th Cir. 9 Nov. 2006 – Distribution of software under GNU General Public Licence – Antitrust law – Monopoly prices – Conspiracies “in restraint of trade”- “Price fixing”- Sherman Act, Sec. 1 (15 U.S.C. § 1) – 06-2454 – Daniel Wallace v. International Business Machines, Corp. et al. – “Wallace v. IBM”
International Review of Intellectual Property and Competition Law
Volume 38, Number 2, 2007 p.252

DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/ INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 3, 2007

U.S. Philips Corp. v. International Trade Commission: Seeking A Better Tie Between Antitrust Law And Package Licensing
Columbia Journal of Law and Social Problems
Volume 40, Number 3, Spring 2007 p.267

DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/ INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 2, 2007

Contracting In The Global Marketplace: The UN Conventions On Contracts For The International Sale Of Goods
Anita C. Esslinger, as updated by Margaret A. Niles
ALI-ABA Business Law Course Materials Journal
Volume 31, Number 3, June 2007 p.43

The United Nations Convention on Contracts for the International Sale of Goods (CISG), is not merely a Codification of the status quo in international trade, but is part of a progressive effort toward harmonizing diverse approaches to international law. This outline familiarizes the reader with the historical background and mechanics of researching under the CISG and the Limitation Convention, as well as with selected substantive issues of interest.

Can U.S. Safeguard Actions Survive WTO Review?: Section 201 Investigations in International Trade Law
Daniel B. Pickard & Tina Potuto Kimble
Loyola of Los Angeles International & Comparative Law Review
Volume 29, Number 1, Winter 2007 p.43

Constitutionalism, Multilevel Trade Governance and Social Regulation (Studies in International Trade Law, Vol. 9). Edited by CHRISTIAN JOERGES and ERNST-ULRICH PETERSMANN
Thomas Cottier
Journal of International Economic Law
Volume 10, Number 2, June 2007 p.424-437

THE BAKUN DISPUTE: MANDATORY NATIONAL LAWS IN INTERNATIONAL ARBITRATION
Peter Megens and Max Bonnell
Australian Law Journal
Volume 81, Number 4, April 2007 p.259

In international arbitration, it is accepted that the parties are free to determine what law will govern the substance of their dispute. But that freedom is not unlimited, because in some circumstances the parties will be unable to exclude the operation of the mandatory national laws that are binding on one or more of them. In Transfield v Pacific Hydro Ltd [2006] VSC 175, the Victorian Supreme Court considered the tension between the right of parties to an arbitration to choose the law that governs their dispute, the binding nature of awards of international arbitral tribunals, and the fact that parties are not permitted to exclude, by contract, liability under the Trade Practices Act 1974 (Cth). The decision raises serious questions about what rights a party has when an international arbitral tribunal refuses to apply mandatory national laws to the dispute under arbitration.

 

Author: international

Mentioned in these Entries

Administrative law, Codification, Commercial law, International trade law, Rule of law, Trade law, United Nations Convention on Contracts for the International Sale of Goods.