BLaw Final - BLaw 341 CISG Administered by the UN...

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BLaw 341 05/03/2015 CISG Administered by the UN Self-executing treaty, not accepted by the whole world but it is by the industrialized countries. Doing business between US and another country who signed it, automatically applies to you. Determines the default rules o International sales of goods= self executing o Acts like common law for the sale of goods o Requirement in writing not necessary o Consideration also gone Can be overridden by party needs o Choice of Forum Where will disputes be litigated? o Choice of Law What law dictates interpretation and application? “Sellers place of business is default” o Can add arbitration agreement common in intnl agreements ° International Enforcement Mechanisms State Non Compliance (state=country) o Some cases sovereigns can be sued by individuals (BITS, investors can sue) o International Fora Dispute Resolution is only open to cases brought by countries. o WTO body imposes trade sanctions for non-compliance o International Court of Justice: Voluntary system for countries to agree on. Individual Non Compliance
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o National court system Easier when dealing with self executing laws since they apply to everyone, but it is hard to prove a non self executing since it does not apply to everyone and may not be an illegal activity in some countries. o International Arbitration Can be made from the CISG contract. ICANN Dispute resolution. ° Principles of International Law Comity brings other law into the USA o Gives deference to the laws and judicial decisions of another country. Enforces judgments, but does not make them automatic Courts asses the judicial system of the country where comity is requested. o Cannot be contrary to US laws and policies. Sovereign (Government) Immunity o Nations immune from suit in the US o FSI No immunity for commercial or tortuous acts. Governments acting in a political and commercial way (companies controlled by the government) and they commit a commercial or tortuous act they could be liable. Not true for public acts. Waiver of immunity foreigners have the option to reject their immunity. Partially applies to states, cant be sued in federal courts. 11 th amendment. ° International Trade Regulation Trying to facilitate trade, easier and freer. Risks from failing to know and consider other laws may be in play. Risks from country differences o Failure of consideration
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General Agreement on Tariffs and Trade (GATT) o Signed in 1948, revised several times. 1994 revision led to WTO o Open trade and reduce protectionism, encourages free flow of goods. Non discrimination between countries Everyone gets national treatment Reduces tariffs and other barriers Protect Intellectual property Domestic protection and a system for counterfeiting and piracy.
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