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The Electronic Contracts Convention, the CISG, and New Sources of E-Commerce Law
Get PDFAlthough no non-European Union convention focusing on international electroniccommercial contracts is currently in effect, such contracts are growing in number and importanceand do not exist in a legal vacuum. The Convention on Contracts for the International Sale ofGoods (CISG) has been interpreted by its Advisory Council to apply to such electronic contracts.International law, based on general principles of good faith and equity and on customaryinternational law, is an existing and future source of international commercial electronic contractlaw. Customary international electronic commerce law is derived from the general practices ofbusinesses contracting through electronic communications that are accepted as law, and frominternational treaties and model laws, and their interpretations, which have been accepted asauthoritative descriptions of such practices. The United States will decide whether or not and howto ratify the Convention on the Use of Electronic Communications in International Contracts(CUECIC) that was proposed by it to the United Nations Commission on International Trade Law(UNCITRAL) and was drafted and approved by UNCITRAL. CUECIC advances further thanexisting law the legitimacy and functionality of international electronic commercial contracts. U.S.ratification decision makers should recognize this advancement, reinforce the freedom of contractnorms promoted by CUECIC, and preserve the legitimacy of customary international law as asupplement to the limited contract formation rules of CUECIC
Promoting Equality After Genocide
Get PDFThe value of equality has little currency after genocide and ethnic cleansing. Restoring thatvalue is no easy feat. Paramount, though not singular, in this struggle for equality is the role of thelaw. A State establishes its common legal rights and duties through its legal institutions, whichdefine the values and character of the nation. Legal institutions mediate these values and normsand through legal pronouncements provide a template for future civic engagement and socialinteraction. Equality and antidiscrimination jurisprudence is particularly important during thedelicate period of transition after genocide, because it grounds within society the normative shift inprinciples underlying the cultural understanding of equality. Specifically, this Article addresses thequestion: what can equality mean in a postgenocidal environment that rests on ethnic inequality ordomination? An analysis of the antidiscrimination jurisprudence of the quasi-national legalinstitutions established under the General Framework Agreement for Peace in Bosnia andHerzegovina (GFAP) provides the forum for this exploration. A review of the ConstitutionalCourt’s and the Human Rights Chamber’s antidiscrimination jurisprudence reveals that each courthas taken a formal approach to equality. This Article argues that a formal approach to equality isnot appropriate in the context of Bosnia or other countries recovering from ethnic strife. Only asubstantive approach to equality, which addresses historical inequality, will stimulate ajurisprudence that can help to heal the long-term effects of genocide. A robust development ofsubstantive antidiscrimination jurisprudence, consciously developed to overcome the continuationof institutionalized social conflict, will ultimately fulfill equality’s promise as mandated by theGFAP. Reflecting on the Bosnian experience, certain legal principles concerning equality andantidiscrimination are revealed that should be applied to countries recovering from mass atrocitiesbased upon ethnic identity in today’s world. The international community is actively engaged inrebuilding the legal systems of countries with deep ethnic divides including Iraq, Afghanistan,Kosovo, and Sudan. Like in Bosnia and Herzegovina (BiH), nationally ingrained inequality existsand must be defeated in all postconflict communities in order to create an environment wheredifferent nations can exist under one State banner
Permanent Mission of India to the United Nations v. City of New York: The Death of Sovereign Tax Immunity?
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Fighting Terrorism: Bringing Democratic Regime to Nondemocratic Countries— The Legal Implications
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Legal Certainty: A European Alternative to American Legal Indeterminacy?
Get PDFAmericans are resigned to a high level of legal indeterminacy. This Article shows thatEuropeans do not accept legal indeterminacy and instead have made legal certainty a generalprinciple of their law. This Article uses the example of the German legal system to show howGerman legal methods strive to realize this general European principle. It suggests that thesemethods are opportunities for Americans to develop their own system to reduce legalindeterminacy and to increase legal certainty
