Trade law Part 9

 

USA: Ct. App. 7th Cir., 28 Oct. 2009 – Trademark licensing agreement – If agreement is in English and states that disputes arising under it are to be resolved in accordance with the law of Illinois – Foreign technical legal terms to be given meaning they bear under respective jurisdiction (here: Japan) – Determining Foreign Law , relying on paid witnesses to spoon-feed judges – Justifiable only when Foreign Law is law of country with such poorly developed legal system that there are no secondary materials to which judge can turn – 28 U.S. Code § 1332(a)(2); Rule 44.1. Civil Rules (US); Trade Mark Act, Secs. 30, 50 (Japan) – 07-3288, 07-3289, 08-3835, 08-3836, et al. – Sunstar Inc. v. Alberto-Culver Company et al. – “VO5”
International Review of Intellectual Property and Competition Law
Volume 41, Number 3, 2010 p.362

International Trade and Plant Protection Issues: Example of Plant Quarantine Law of the Russian Federatio n
Irina Kireeva and Robert Black
Journal of World Trade
Volume 44, Number 3, June 2010 p.591

Volkmar Gessner (ed): Contractual certainty in international trade: empirical studies and theoretical debates on institutional support for global economic exchanges. (Oñati International Series in Law and Society), Hart Publishing, Oxford and Portland, Oregon, 2009, XII + 357 p, GBP 22
Juergen Backhaus
European Journal of Law and Economics
Volume 30, Number 1, August 2010 p.75-76

“C.I.F. Gatwick”and Other Such Nonsense upon Stilts: Incoterms and the Law, Jargon and Practice of International Business Transactions
GBENGA ODUNTAN
International Company and Commercial law Review
Volume 21, Issue 6, 2010 p.214

International transportation of goods is fraught with many risks, many of which are unpredictable. It is in the perceived interest of both sides to handle as little risk as possible or at least have a certainty of knowledge of where the parties’ risk begins and ends. Thus most trade terms were developed to take care of the nuances of risk between the buyer and seller. Trade terms, therefore, arguably constitute the most important element of the international contract of trade. 2010 will witness the unveiling of a new version of perhaps the most successful of modern attempts to standardise international business trade terms: Incoterms. This article reconsiders the utility of Incoterms and trade terms generally in the light of decades of international practice. The terms “ex works”, “f.o.b.”and “c.i.f.”are focused on as an illustration of the utility of trade terms, and the article tries to expose the potential for confusion and the need for careful consideration and continuous refinement of the jargon of trade terms.

What do Food Safety and Fair Trade Stand for? Reconciling the Twofold Objective of EU Food Law
Daniele Pisanello
European Food and Feed Law Review
2009, Number 5 p.320

International trade law and trade theory
Christopher E.S. Warburton
Journal of International trade law & Policy
Volume 9, Number 1, 2010 p.64-82

Recovering cartel damages: The passing-on defence under the Trade Practices Act
Matthew Eglezos
Australian Business Law Review
Volume 38, Number 3, June 2010 p.174

This article analyses the availability and desirability of the passing-on defence in private damages actions brought by direct purchasers for price-fixing under Pt IV of the Trade Practices Act 1974 (Cth). The passing-on defence reflects the right of a respondent to a damages claim to argue that some or all of the cartel overcharge paid by the claimant was passed-on to subsequent purchasers in the form of higher prices. If the defence is established, the claimant’s loss is either reduced or eliminated by the amount it passed-on. Australian courts have not yet definitively considered the defence’s relevance to competition law. The growing importance of damages actions in Australia suggests that it is likely to be addressed in the near future.

REGIONAL TRADE AGREEMENTS: LAW, POLICY AND PRACTICE. BY DAVID A. GANTZ. 2009, CAROLINA ACADEMIC PRESS. PP. XXVI, 507
Reviewed by Stephen Zamora
Houston Journal of International Law
Volume 32, Number 1, Fall 2009 p.153

Has the CUTSA Furthered or Frustrated Underlying Theories of Trade Secrets Law?
Kenneth Shurtz
IDEA: The Intellectual Property Law Review
Volume 50, Number 3, 2010 p.501

Exclusion Is Forever: How Keeping Labour Rights Separate from Constitutional Rights Has Proven To Be a Bad Deal for American Trade Unions and Constitutional Law
Alan Hyde
Canadian Labour & Employment Law Journal
Volume 15, Number 2, 2009-2010 p.251

Surfing the wavefront
Chief Justice RS French
Trade Practices Law Journal
Volume 18, Number 2, June 2010 p.77

In his opening speech to the August 2009 Law Council of Australia Trade Practices Workshop, the Chief Justice looked back 10 years to the themes dominating discussion about competition law on the 25th anniversary of the Trade Practices Act 1974 (Cth). They included misuse of market power, the conflicting purposes of competition law and their relationship to popular perceptions of its proper objectives. Moving forward 10 years, those issues are still with us. Additionally, in the shadow of the global financial crisis there is greater sensitivity to the interface between international trade and competition law and developments in the Asia Pacific region, and that economic evidence in the legal process in the enforcement of competition law is likely to face a particular challenge in jury trials dealing with cartel prosecutions.

Author: international

Mentioned in these Entries

Commercial law, Foreign Law, International trade law Part 9, International trade law, Trade law, country.