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Uniform Application of the Int'l Sales Law - Understanding Uniformity, the Global Jurisconsultorium and Examination... Uniform Application of the Int'l Sales Law - Understanding Uniformity, the Global Jurisconsultorium and Examination (Hardcover)
Camilla Baasch Andersen
R4,443 Discovery Miles 44 430 Ships in 10 - 15 working days

The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is perhaps the most widely-used standard in the area of international sales law. Yet commercial lawyers often struggle to understand its uniformity across different legal systems, and as a result often fail to apply the Convention to its full potential. Here at last is a clear, focused exposition of CISG cases and scholarship, highlighting what has been done and what can be done with this remarkable and versatile legal instrument. With in-depth analysis of CISG case law and scholarship reflecting a variety of legal systems - as well as detailed commentary on the text of the Convention itself - the author demonstrates the considerable value of the global use of CISG precedents. Among the many factors she analyses are the following: the idea of the "jurisconsultorium" as the heart of a new discipline of uniform law; interpretational challenges; parallels of precedents between the UCC and the CISG; availability and weighting of precedent sources; congruency issues in the scholarly jurisconsultorium; multilingual issues; undue influence of domestic law; and, legal classification of various types of "goods." The book concludes with a careful study of CISG case law in the significant areas of examination and notification, provisions of crucial importance in disputes involving allegation of defective goods. All commercial lawyers, judges, and arbitrators, regardless of their legal training and the legal system of their origin, are bound to benefit from the wider base of judgements to which the idea of the jurisconsultorium leads. Judges and arbitrators in particular will find in this book greatly enhanced guidance enabling them to make and support difficult decisions.

Theory and Practice of Harmonisation (Hardcover): Mads Andenas, Camilla Baasch Andersen Theory and Practice of Harmonisation (Hardcover)
Mads Andenas, Camilla Baasch Andersen
R6,344 Discovery Miles 63 440 Ships in 12 - 17 working days

Harmonized and uniform international laws are now being spread across different jurisdictions and fields of law, bringing with them an increasing body of scholarship on practical problems and theoretical dimensions. This comprehensive and insightful book focuses on the contributions to the development and understanding of the critical theory of harmonization. The contributing authors address a variety of different subjects concerned with harmonization and the application of legal rules resulting from harmonization efforts. This study is written by leading scholars engaged in different aspects of harmonization, and covers both regional harmonization within the EU and regional human rights treaties, as well as harmonization with international treaty obligations. With comparative analysis that contributes to the development of a more general theory on the harmonization process, this timely book will appeal to EU and international law scholars and practitioners, as well as those looking to future legal harmonization in other regions in Asia, Latin America and Africa. Contributors: O. Akseli, M. Andenas, C.B. Andersen, S. Andreadakis, Y. Arai-Takahashi, R. Ashcroft, H. Beale, G. Betlem, L.F. Del Duca, J. Devenney, M. Goldby, S. Gopalan, M. Heidemann, R.F. Henschel, I. Katsirea, M. Kenny, J. Kodo, A.H. Kritzer, E.J. Lohse, I. Maletic, J. Malinauskaite, G. McCormack, D. Nagel, A. Okwor, R. Pereira, D. Schiek, P. Syrpis, C. Twigg-Flesner, Q. Wu, H. Xanthaki, B. Zeller

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