International trade law Part 14

 

Good Faith in Contract: A Non-Sceptical Commentary
E W Thomas
New Zealand Business Law Quarterly
Volume 11, Number 4, November 2005 p.391

On the premise that the law of contract should meet the reasonable expectations of honest men and women, this paper supports the importation of an obligation of good faith into contracts generally as a matter of law. It deprecates the current scepticism and analyses the underlying predispositions evident in “sceptical”thinking: a distaste for general principle, an exaggerated perception of freedom of contract and the free market, formalistic thinking, and a lack of realism. The latter failing is given particular attention because the realities of contractual negotiation and contractual performance provide a compelling need for an obligation of good faith. The realities which are identified are: the length, complexity and cost of commercial negotiations; the fact contractual relationships are not generally adversarial; the fact most contracts are relational contracts; the fact most contracts are incomplete; and the fact many contracts contain the potential for the relatively powerful party to unfairly exploit the other party. The author concludes by arguing, contrary to the claim by sceptics that good faith would add little or nothing to the existing law, that a general obligation of good faith would provide the law with a unifying, overriding and informing principle, would ensure that the law develops in a way which is responsive to the needs and reasonable expectations of the community, and that it would bring our domestic law into harmony with the preponderance of the law applicable to international trade.

Caribbean Market Forces: Emerging Trends in Trade, Comparative and International Law
Winston P. Nagan
West Indian Law Journal
Volume 30, Numbers 1 & 2, May & October 2005 p.179

DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 6, 2005

THE ROLE OF INTERNATIONAL LAW IN TRADE
John Jackson
Georgetown Journal of International Law
Volume 36, Number 3, Spring 2005 p.663

ARBITRABILITY OF COMPETITION DISPUTES IN AUSTRALIAN LAW
Max Bonnell
Australian Law Journal
Volume 79, Number 9, September 2005 p.585

It is presently unclear whether competition law disputes are capable of resolution by arbitration under Australian law. Although there is a pronounced international trend in favour of allowing such disputes to proceed to arbitration, and although a number of Australian cases have suggested that there should be no impediment to such arbitrations, in practice Australian judges have been reluctant to permit the arbitration of disputes under Pt IV of the Trade Practices Act. It would be consistent with international developments in arbitration law, and with the policy of party autonomy which is the foundation of Australian arbitration legislation, if competition law disputes were to be arbitrable under Australian law, notwithstanding the fact that arbitration may not always be the most suitable vehicle for resolving such disputes.

DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 5, 2005

Select Articles on International Economic Law 4 Trade law , Islamic Law and Tobacco Litigation
Meenakshi Bhan
Indian Journal of International Law
Volume 45, Number 1, January – March 2005 p.130

Indigenous Peoples at the Margin of the Global Economy: A Violation of International Human Rights and International trade law
Arthur Manuel, Nicole Schabus
Chapman Law Review
Volume 8, Number 1, Spring 2005 p.229

“Hail to the Thief: A Tribute to Kazaa”
Matthew Rimmer
University of Ottawa Law and Technology Journal
Volume 2, Issue 1, 2005 p.173

This paper considers the ongoing litigation against the peer-to-peer network KaZaA. Record companies and Hollywood studios have faced jurisdictional and legal problems in suing this network for copyright infringement. As Wired Magazine observes: “The servers are in Denmark. The software is in Estonia. The domain is registered Down Under, the corporation on a tiny island in the South Pacific. The users – 60 million of them – are everywhere around the world.”In frustration, copyright owners have launched copyright actions against intermediaries – like against Internet Service Providers such as Verizon. They have also embarked on filing suits against individual users of file-sharing programs. In addition, copyright owners have called for domestic- and international-law reform with respect to digital copyright. The Senate Committee on Government Affairs of the United States Congress has reviewed the controversial use of subpoenas in suits against users of file-sharing peer-to-peer networks. The United States has encouraged other countries to adopt provisions of the Digital Millennium Copyright Act 1998 in bilateral and regional free-trade agreements.

Back to Bilateralism? Pendulum Swings in International Intellectual Property Protection
Ruth L. Okediji
University of Ottawa Law and Technology Journal
Volume 1, Issues 1 & 2, 2003-2004 p.125

This article briefly presents an account of bilateralism in international economic relations-encompassing intellectual property regulation-that suggests that the TRIPS Agreement should never have been understood as a crowning point of international intellectual property regulation. The article explores the implications of this possible reformulation of the theory and place of the TRIPS Agreement in international intellectual property law and policy. The author argues that the new bilateralism, while similar in form, serves a different agenda from the old bilateralism which relied principally on commercial agreements as a means to stabilize, formalize and advance interests ostensibly mutual to the contracting parties. Notwithstanding this different function, and in spite of the deployment of coercive measures enforced through unilateral trade policy, the author seeks to consider what, if any, real prospects for gain may exist for developing countries under the new bilateralism.

Facilitating paperless international trade: a survey of Law and Policy in Asia
Emmanuel Laryea
International Review of Law, Computers & Technology
Volume 19, Number 2, July 2005 p.121

 

Author: international

Mentioned in these Entries

International trade law, Trade law.