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Revisiting Barter under the CISG
Get PDFAs 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
Legislative Intervention in Corporate Governance is Not a Necessary Response to Citizens United v. Federal Election Commission
Get PDFFew recent decisions of the United States Supreme Court have created quite the stir as did Citizens United v. Federal Election Commission. One reason the opinion had such an effect is that it contains a smorgasbord of business-related legal and political issues, including issues relating to election law, ethics, social responsibility, stare decisis, judicial review, selection of Supreme Court Justices, the definition of free speech, and corporate “personhood” for purposes of the First Amendment. Perhaps surprising for a case involving a lawsuit brought by a nonprofit public advocacy organization against the federal agency charged with enforcing federal election laws, the opinion also ventures into one of the most important current issues in corporate governance, the role of shareholders in the business and affairs of a corporation
Affordable Housing Options under Pennsylvania’s Three Legislative Regimes
Get PDFThe police power of a state includes the authority of its local governments to protect the health, morals, and safety of the communities they govern. Managing the growth of a community through the placement and timing of private development has repeatedly been found a valid exercise of this police power
Application of the CISG Before the Foreign Trade Court of Arbitration at the Serbian Chamber of Commerce—Looking Back at the Latest 100 Cases
Get PDFAlthough former Yugoslavia had been active in the drafting process of the 1980 UN Convention on Contracts for the International Sale of Goods (CISG) and was one of the first countries to ratify the CISG,1 the subsequent application of the CISG before national courts and arbitral tribunals based in Serbia has not been monitored on a regular basis. This survey attempts to bridge a serious gap which has occurred in reporting cases on the CISG originating from Serbia
Sharing International Commercial Law across National Boundaries, Festschrift for Albert H. Kritzer on the Occasion of his Eightieth Birthday
Get PDFThe joint collaboration of Camilla B. Andersen and Ulrich G. Schroeter as editors of the festschrift1 to Albert H. Kritzer on his eightieth birthday succeeds in bringing together international commercial law heavyweights and enlightening commentary on the United Nations Convention on Contracts for the International Sale of Goods (CISG). The work pays homage to a preeminent scholar on the CISG whose scholarship has aided in the uniformity of the application and interpretation of the CISG
A Milestone in Polish CISG Jurisprudence and Its Significance to the World Trade Community
Get PDFThis comment analyzes a case from the Polish Supreme Court that, because of its rigorous discussion of many fundamental matters and embodiment of the Court’s effort to make its decision within the framework of the Vienna Convention, serves as a great contribution to the global CISG jurisprudence
The Death of Selective Waiver: How New Federal Rule of Evidence 502 Ends the Nationalization Debate
Get PDFNew Federal Rule of Evidence 502 (“FRE 502”) will end the threedecade push to nationalize a corporate litigation protection known as the “selective waiver doctrine.” First adopted by the Eighth Circuit in 1978, the selective waiver doctrine holds that, when a corporation discloses privileged materials to a government agency during an investigation, the corporation retains its privileges against third-party litigants—i.e., the corporation may selectively waive its attorney-client privilege (and in other circuits its attorney work product protection). This flies in the face of traditional waiver rules, under which a waiver of privilege to one’s adversary generally is a waiver to all adversaries on that subject matter. Based on years of frustration with discovery costs, fear of corporate fraud, and heavy burdens placed on administrative agencies, many legal scholars praised selective waiver as a cure for those ills. Recently, when the Advisory Committee on Evidence Rules met to discuss additions to the FRE, many called for the inclusion of a selective waiver provision. After much debate, the Advisory Committee determined that the selective waiver proposal for FRE 502 was too controversial. In its enacted form, FRE 502 does not contain a selective waiver provision
Why Women Matter: the Story of Microcredit
Get PDFAlice Amoateng of Ghana is on her second loan of around $100 to set up and expand a clothing trading business. She borrowed the money from a microfinance institution, Sinapi Aba Trust, because she had no access to credit from the banking system. This microfinance institution was able to lend her money by using a group lending system, in which groups of women are jointly responsible for repayment of the loan. The loans allowed her to make her business more profitable and to spend the extra income on her children’s education and her family’s medical expenses. In addition to the loan, she received training in business and leadership, and she was elected to public office to represent her community
Deleveraging Microfinance: Principles for Managing Voluntary Debt Workouts of Microfinance Institutions
Get PDFApproximately 2.6 billion people, roughly 40 percent of the world’spopulation, live on less than 2 a day. 3 Of these people, 1.4 billion—that is one in four people in the developing world—live in extreme poverty subsisting on less than 1.25 a day. According to recent World Bank estimates, the financial and economic crisis facing the world today is likely to trap another 53 million people in extreme poverty
The Unidroit Principles of Contract Law; Is There Room for Their Inclusion into Domestic Contracts?
Get PDFWhen the UNIDROIT Principles (the Principles) were published in 1994 they were considered to be “soft law” and hence not binding on the courts. However, these principles have demonstrated that they are offering concrete and worthwhile solutions and arguably are a move forward in harmonizing and unifying contract laws. Indeed, the intention of the UNIDROIT Working Groups was to “develop a set of norms best suited to accommodate the needs of the international commercial community.” The Principles themselves argue that it reflects “concepts to be found in many, if not all, legal systems.” As a result the Principles are not: “a rigid and limitative legal source but instead leave considerable room for flexibility, either to accommodate specific provisions to further individual parties’ interest in their private dealings, or to promote national trade and economic policies. This makes the Principles a unique tool to be adapted into any contract and arguably protect the parties’ just expectations arising from their contract