International Transactions In Goods

This study describes the law relating to the transactions involved in the international sale of goods. It does not confine itself to the law of the international sale contract, but deals also with the indispensable ancillary transactions relating to payments and transport. It is written from a comparative perspective, combining material from international law, common law, civil law, and the world of commerce. The book combines extensive explanatory text with illustrative excerpts from cases, legislation, and documents widely used in international trade.

This new edition of Trade in Goods is an authoritative work on international trade by one of the most influential scholars in the field. It provides a comprehensive and detailed analysis of every WTO agreement dealing with trade in goods. The focus of the book is on the reasoning behind the various WTO agreements and their provisions, and the manner in which they have been understood in practice. It introduces both the historic as well as the economic rationale for the emergence of the multilateral trading system, before dealing with WTO practice in all areas involving trade in goods. It contests the claim that the international trade agreements themselves represent 'incomplete contracts', realized through interpretation by the WTO and other judicial bodies. The book comprehensively analyses the WTO's case law, and it argues that a more rigorous theoretical approach is needed to ensure a greater coherence in the interpretation of the core provisions regulating trade in goods. This second edition readdresses and moves beyond the discussion of the GATT presented in the first edition to assess in significant detail every trade in goods agreement at the WTO, both multilateral as well as plurilateral. The book is written to be accessible to those new to the field, with an authoritative level of detail and analysis that makes it essential reading for lawyers and economists alike.

This book comprehensively examines the entire legal process of the international sale of goods, beginning with the creation of the contract and continuing through to either the fulfilment of the sale, or the termination of the contract. Every day goods are globally traded between sellers and buyers in different countries and different jurisdictions. The distances between the parties involved in such transactions, and the relative risks related to that, are a key issue in international commercial sales. Sales of goods carried by sea, thus, differ quite drastically from domestic sales; the goods will be normally shipped at a port very distant from the buyer, preventing his physical presence at the port of loading. Further, the goods will travel in the custody of a carrier, a party normally quite independent from either trader. Finally, transactions concluded on shipment terms are normally irreversible, in the sense that shipping the goods back to the seller represents an unlikely option for the buyer. Traders around the world very frequently choose English law to govern their contracts, with disputes to be resolved through London arbitration or litigation. The basis of that law is to be found in the English Sale of Goods Act 1979, and the book consequently also includes an examination of the fundamental principles of that Act, as well as considering use of the Vienna Convention on the International Sale of Goods. This book will be an invaluable reference point for legal practitioners specialising in the sale of goods, as well as postgraduate students and academic researchers working in sales of goods and the international trade sector.

As suggested by its title, this e-book presents student-oriented materials focused on legal issues common to international business transactions. With an emphasis on sales of goods and services, the materials review international transactions from both the private law and governmental regulatory perspectives, domestic and international. Several features of the book distinguish it as a teaching tool from more traditional law school offerings. First, the book is offered in an electronic format which is designed to make extensive use of web-based resources. Among other advantages, this format (1) provides much cheaper, flexible and more accessible learning materials for students; (2) takes advantage of the excellent web-based resources that students are accustomed to using, including multi-media content; and (3) creates a flexible framework that allows professors to adapt, improve or otherwise modify content to suit their needs during successive iterations of the course. Second, the materials and format are designed to encourage students to take a more active role in their learning with an emphasis on skills building. Each chapter presents a problem and typically asks students to address legal issues as a practicing lawyer would, working through primary materials — cases, statutes and treaty texts. Third, the materials are written and prepared for the uninitiated and uninformed. Basic background explanations are always provided and all questions posed in the text are meant to be answered by the students — there are no abstract, obtuse or unanswerable questions set out in the materials. With guidance from their instructor, students are required to examine the material provided not only to learn the relevant law but also to build the essential skills of effective lawyering.

The International Transactions in Remittance: Guide for Compilers and Users (RCG) presents concepts, definitions, and classifications related to remittances. It is consistent with the new standards for measuring balance of payments transactions, as contained in the sixth edition of the Balance of Payments and International Investment Position Manual (BPM6). These standards are used globally to compile comprehensive and comparable data. The RCG identifies the main remittances compilation methods currently being used by compilers and discusses in detail the strengths and weaknesses of each method. It is the first manual providing compilation guidance for remittances and is also the first compilation guide based on concepts set out in BPM6. Although the RCG is primarily aimed at remittances data compilers, it may also be useful for users who wish to understand remittances data.

Compared to domestic transactions, the risks associated with international sales are greatly multiplied. It is a rare international sales agreement to rely on minor variations of standard terms, as is so often the case in domestic agreements. Foreign laws, export/import and currency exchange controls, treaties, transit issues, inspection of goods, insurance, tariffs – all these and more – must be taken into account in contract negotiations. This is the third edition of an enormously useful book that guides practitioners through the process of drawing up sound agreements for the international sale of goods. Organized according to the framework of an annotated agreement, with detailed commentary on each provision, it incorporates hundreds of sample clauses designed to cover every contingency, including such factors as the following (and a great deal more): • definitions; • price adjustments; • labelling; • transportation modes; • confidentiality; • INCOTERMS; • documentation; • delivery dates; • limitation of liability; • arbitration; and • corruption. Although the clauses are drawn without reference to any particular country, relevant considerations are covered in the commentary to each clause. Appendices reprint the texts of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles, and the Principles of European Contract Law. For lawyers charged with drafting an international sales contract, this book is invaluable. Clause by clause, it clearly details the drafting process, commenting expertly on every issue likely to arise. It would be hard to find a more useful guide.

International Transactions in Goods: Global Sales in Comparative Context explains the complex transactional structures common in international sales, from both an international and a domestic legal perspective. In a straightforward, accessible style, this course book sets out typical business models and commercial practices, including sample legal and commercial documents, and outlining the laws that govern them. Closely attuned to practice, this course book covers transactions on a commercial scale and gives full treatment not only to legal topics, but also payment, security, carriage, and insurance, addressing both traditional topics such as letters of credit, bills of lading, and the Incoterms, as well as modern practices like electronic funds transfers, and waybills. Martin Davies and David V. Snyder emphasize the strategic questions that lawyers and businesses face when negotiating and documenting deals, and when litigating transactions that have gone awry. As many of the strategies revolve around choice of governing law, the book treats not only international law, particularly the UN Convention on the International Sales of Goods (CISG), but also exemplary domestic laws from both common law and civil law jurisdictions, including the US Uniform Commercial Code (UCC), English law, French law, and German law. This book is designed to be accessible to students and readers of all levels, whether from common law or civil law backgrounds, by providing basic explanations of fundamental theories and attitudes in international law, common law, civil law, and international business. The format includes the methods of different traditions, with extensive text familiar to civil law readers, case excerpts familiar to common law readers, and a large array of problems-based on real cases and transactions-to demonstrate the concepts and to practice and evaluate what has been learned. The book also tackles current ethical and moral issues in international transactions, particularly the relation of law and contracting to environmental protection, workers' rights, and similar matters.

This text delivers a detailed analysis and in-depth comparison of the substantive law for the sale of goods in domestic and international transactions. It provides a complete discussion and comparison of the UNIDROIT principles of international commercial contracts including the new provisions on setoff and limitation periods.