
- •Table of Cases
- •Table of Statutes
- •Table of Statutory Instruments
- •Table of European Legislations
- •Table of Statutes and Other Instruments
- •Table of Abbreviations
- •Preface
- •Introduction
- •Overview
- •1 Standard Trade Terms
- •Introduction
- •Ex works
- •CIF contracts
- •CIF contracts under INCOTERMS 2010
- •C&F contracts
- •C&F and INCOTERMS
- •FOB contracts
- •Variants of an FOB contract
- •FAS contracts
- •Conclusion
- •Further reading
- •2 The Vienna Convention on the International Sale of Goods 1980
- •Introduction
- •The Vienna Convention
- •Conclusion: Recent international initiatives
- •Further reading
- •Overview
- •Introduction
- •Policy considerations, e-commerce and international regulatory measures
- •Electronic data interchange (EDI) and interchange agreements
- •UNCITRAL model law on e-commerce
- •Other international initiatives – the International Chamber of Commerce
- •The EU directive on e-commerce
- •The United Nations Convention on the use of electronic communications in international contracts
- •Conclusion
- •Further reading
- •Introduction
- •Electronic signatures and UNCITRAL
- •The EU directive on electronic signatures and the UK legislation: Electronic Communications Act 2000 and the Electronic Signatures Regulation 2002
- •Electronic medium and computer misuse
- •Conclusion: a bright future for e-commerce?
- •Further reading
- •Overview
- •Introduction
- •Types of charterparties
- •Common law implied obligations in a voyage charterparty
- •Common law immunities
- •Usual express terms
- •Conclusion
- •Further reading
- •6 Bills of Lading
- •Introduction
- •Nature of a bill of lading
- •Rights and liabilities of consignee/endorsee
- •The Carriage of Goods by Sea Act 1992
- •Bills of lading and fraud
- •Electronic data interchange (EDI) and the Carriage of Goods by Sea Act 1992
- •Conclusion
- •Further reading
- •7 Bills of Lading and Common Law
- •Introduction
- •Implied obligations on the part of the shipowner
- •Implied obligations on the part of the shipper
- •Common law exceptions
- •Contractual exceptions
- •Other terms in bills of lading
- •Conclusion
- •Further reading
- •Introduction
- •Limitation of liability
- •Scope of application
- •Contracting out
- •The future
- •Further reading
- •9 The Hamburg Rules and the Rotterdam Rules
- •Introduction
- •The Hamburg Rules
- •Scope of application
- •The Rotterdam Rules (The UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea)
- •Conclusion
- •Further reading
- •10 International Carriage of Goods by Air
- •Introduction
- •The Warsaw system
- •Approach to interpretation of the Warsaw Convention in the English courts
- •Scope of application of the Warsaw Convention (unamended and amended versions)
- •Contracting out
- •Documentary responsibilities
- •Air waybill and negotiability
- •Electronic data interchange (EDI) and the Warsaw regime
- •Carrier liability
- •Proceedings
- •The Montreal Convention
- •Further reading
- •11 International Carriage of Goods by Rail
- •Introduction
- •Interpretation of the CIM
- •Scope of application
- •Documentary responsibilities
- •Electronic data interchange (EDI) and the CIM rules
- •Contracting out
- •Proceedings
- •Conclusion
- •Further reading
- •12 International Carriage of Goods by Road
- •Introduction
- •Interpretation of the CMR by the English courts
- •Scope of application
- •Contracting out
- •Documentary responsibilities
- •Electronic data interchange (EDI) and the CMR
- •Proceedings
- •CMR – the future
- •Further reading
- •13 International Multimodal Transport
- •Introduction
- •Freight forwarder – agent or principal?
- •Fiata negotiable multimodal bill of lading
- •Conclusion
- •Further reading
- •Overview
- •14 Marine Insurance
- •Introduction
- •Scope and nature of marine insurance contracts
- •Principles of marine insurance law
- •Warranties on the part of the insured – implied and express
- •Deviation
- •Liability of insurer
- •Institute cargo clauses (A), (B) and (C)
- •Conclusion
- •Further reading
- •15 Letters of Credit
- •Introduction
- •Open account
- •Bills of exchange
- •Documentary bill
- •Letters of credit
- •Performance bonds/guarantees and standby letters of credit
- •Other means of minimising risk of non-payment
- •Conclusion
- •Further reading
- •Overview
- •16 Civil Jurisdiction
- •Introduction
- •Submission by appearance
- •Ordinary contracts
- •Tort claims
- •Ancillary jurisdiction
- •Jurisdiction clauses
- •Simultaneous actions
- •Interim relief
- •Conclusion
- •Further reading
- •17 Choice of Law
- •Introduction
- •The proper law – express choice
- •The proper law – implied choice
- •The proper law – closest connection
- •Particular issues
- •English public policy and overriding mandatory rules
- •Certain particular types of contract
- •Torts and restitutionary obligations
- •Conclusion
- •Further reading
- •18 Foreign Judgments
- •Introduction
- •European judgments
- •External judgments
- •Conclusion
- •Further reading
- •19 Arbitration
- •Introduction
- •Characteristics
- •Arbitration in international commercial contracts
- •Arbitration under English law
- •Foreign arbitral awards
- •Conclusion
- •Further reading
- •Introduction
- •International developments
- •Developments in England
- •Features and associated issues
- •Mediation online
- •The EU Directive on mediation in civil and commercial matters
- •Conclusion
- •Further reading
- •Overview
- •21 Fighting Corruption in International Business
- •Introduction
- •The OECD Convention
- •The OECD and the UK Bribery Act 2010
- •The UNCAC
- •Business codes of conduct
- •Conclusion
- •Further reading
- •Appendix 7
- •Index
FURTHER READING |
| 93 |
law of the European states, the drafters also referred to the US Restatements on Contract and Restitution and the Vienna Convention for formulating principles. They were also influenced by the work at UNIDROIT, since some of the members of the Working Group were also members of the group drafting the UNIDROIT Principles. The PECL addresses a wide variety of issues, such as agency along with contractual issues, such as validity, formation of contract, breach and remedies. The drafters expect PECL to be of relevance where parties agree their contract is to be governed by general principles of law or lex mercatoria. It is difficult to predict whether this instrument will be popularly received internationally, since it may be perceived as embodying an European bias.
Further reading
Audit, ‘The Vienna Sales Convention and the lex mercatoria’, available at http://www.jus.uio.no/ pace/cisg_and_the_lex_mercatoria.bernard_audit/.
Babiak, ‘Defining “fundamental breach” under the United Nations Convention on Contracts for the International Sale of Goods’ (1993) 6 Temple International and Comparative LJ 113.
Berman and Ladd, ‘Risk of loss or damage in documentary transactions under the Convention on the International Sale of Goods’ (1988) 21(3) Cornell International LJ 423.
Bianca and Bonnell (eds), Commentary on International Sales Law: The 1980 Vienna Convention, 1987, Giuffrè.
Boele-Woeki et al, Comparability and Evaluation: Essays on Comparative Law, Private International Law and International Commercial Arbitration, 1994, TMC Asser Institute.
Bonnell, ‘The UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law: similar rules for the same purpose?’ (1996) Uniform LR 229.
Bonnell, ‘UNIDROIT Principles 2004 – the new edition of the Principles of International Commercial Contracts adopted by the International Institute for the Unification of Private Law’ (2004) Uniform LR 5.
Bridge, The International Sale of Goods, 2007, OUP.
Cook, ‘The UN Convention on Contracts for the International Sale of Goods: a mandate to abandon legal ethnocentricity’ (1997) 16 Journal of Law and Commerce 257.
Eörsi, ‘A propos the 1980 Vienna Convention on Contracts for the International Sale of Goods’ (1983) 31 The American Journal of Comparative Law 333.
Felemagas, Interpretation of the United Nations Convention for the International Sale of Goods (1980) as Uniform Sales Law, 2006, Cambridge University Press.
Ferrari, ‘Uniform application and interest rates under the Vienna Sales Convention’ (1995) Georgia Journal of International and Comparative Law 467.
Garro, ‘Contribution of the UNIDROIT Principles to the advancement of international commercial arbitration’ (1994) 3 Tulane Journal of International and Comparative Law 94.
Gordley, ‘An American perspective on the UNIDROIT Principles’, available at http://www.cisg.law. pace.edu/cisg/biblio/gordley2.html.
Grewal, ‘Risk of loss in goods sold during transit: a comparative study of the United Nations Convention on Contracts for the International Sale of Goods, the Uniform Commercial Code, and the British Sale of Goods Act’ (1991) 14 Loyola Los Angeles International and Comparative LR 93.
Honnold, On the Road to Unifi cation for the Law Sales, 1983, Kluwer. Honnold, Uniform Law of International Sales, 1999, Kluwer.
Komarov, ‘The UNIDROIT Principles of International Commercial Contracts: a Russian view’ (1996] Uniform LR 247.
Lee, ‘The UN Convention on Contracts for the International Sale of Goods: OK for the UK?’ [1993] JBL 131.
Lookofsky, ‘The limits of commercial contract freedom: under the UNIDROIT “Restatement” and Danish law’ (1998) 46 American Journal of Comparative Law 485.
Lookofsky, ‘In dubio pro conventione? Some thoughts about opt-outs, computer programs and pre-emption under the 1980 Vienna Sales Convention CISG’ (2003) 13 Duke Journal of International and Comparative Law 263.
94 | THE VIENNA CONVENTION ON THE INTERNATIONAL SALE OF GOODS 1980
Maskow, ‘Hardship and force majeure’ (1992) 40 American Journal of Comparative Law 657. Maurer, ‘The United Nations Convention on Contracts for the International Sale of Goods’ (1989)
15 Syracuse Journal of International Law and Commerce 306.
Murray Jr, ‘An essay on the formation of contracts and related matters under the United Nations Convention on Contracts for the International Sale of Goods’ (1988) 8 Journal of Law and Commerce 11.
Nicholas, ‘The Vienna Convention on International Sales’ (1989) 105 LQR 201.
Rossett, ‘Critical reflections on the United Nations Convention on Contracts for the International Sale of Goods’ (1984) 45 Ohio State LJ 265.
Tuggey, ‘The 1980 United Nations Convention on Contracts for the International Sale of Goods: will a homeward trend emerge?’ (1986) 21 Texas International LJ 541.
Van Houtte, ‘The principles of international commercial contracts’ (1995) 11 Arbitration Journal 373. Veythia, ‘The requirement of justice and equity in contracts’ (1995) 69 Tulane LR 1191.
Walsh, ‘Harmonisation and standardisation of legal aspects of international trade’ (1977) 52 The Australian LJ 608.
Ziontz, ‘A new Uniform Law for the International Sale of Goods: is it compatible with American interests?’ (1980) 94 Northwestern Journal of International Law and Business 129.

Part II
Regulating the Electronic Commerce
Environment
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