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The predecessor of the United Nations
The League of Nations
What are the four elements of statehood?
1. Permanent Population
2. Defined Territory
3. effective government
4. capacity to enter into international relations
Elements of an International legal personality
- International Rights
- International Obligations
-Capacity to bring international Claims
primary formal sources of public International law
treaties, customs and General Principles of Law
What types of contracts and transactions fall within the scope of the CISG?
The CISG applies to contracts for the sale of goods between parties whose places of business are in different countries that are signatories to the convention. It excludes sales of goods for personal use, auctions, securities, and services.
Purposes of the united nations
Maintain international Peace & Security, Peaceful settlement of international disputes, Self-determination of peoples, International cooperation: economic, social, cultural, humanitarian character, Protection of human rights and harmonizing countries’ action.
What provisions does the CISG have regarding damages, and how is compensation calculated for a breach of contract?
Damages under the CISG are intended to compensate for the loss suffered due to a breach. Compensation includes lost profits and other foreseeable damages at the time of contract conclusion.
Section II - Article 74 - 77.
What is the primary objective of the CISG, and how does it promote uniformity in international trade?
The CISG aims to facilitate international trade by providing a uniform and predictable legal framework for contracts for the sale of goods, reducing legal obstacles and differences between national laws.
What does UCC stand for? What is it?
The Uniform Commercial Code (UCC) is a comprehensive set of laws designed to standardize and regulate commercial transactions across the United States. It is not a federal law but has been adopted by all 50 states, the District of Columbia, and U.S. territories, with some variations.
Sales of Goods, Leases, Bank Deposits, Funds Transfers.
permanent members of the united nations.
United States, United Kingdom, Russia, France, and China.
what did the ICJ 1949 Advisory Opinion establishes?
The ICJ advisory opinion of 1949 found that International Organizations could indeed have a legal personality, for the purpose of performing its tasks under its mandate.
This meant the UN could enter into international agreements, bring claims, and act as a legal entity to fulfill its functions and mandate. It was determined that this personality was implied in the UN Charter and necessary for the organization to achieve its purposes.
A Singaporean company, Tropical Fruits Exporters, agrees to sell 1,000 kilograms of fresh mangoes to a French company, Paris Gourmet Supplies, under a contract governed by the CISG. The mangoes are supposed to meet specific quality standards (ripe and free of defects). When the shipment arrives, 200 kilograms of the mangoes are found to be overripe and unusable for sale.
Can Paris Gourmet Supplies claim remedies under the CISG for the 200 kilograms of overripe mangoes?
Non-Conforming Goods (Article 35): The overripe mangoes do not conform to the quality standards agreed upon in the contract.
Buyer’s Remedies: Paris Gourmet Supplies has the following options:
Price Reduction (Article 50): The buyer can proportionally reduce the price for the 200 kilograms of overripe mangoes.
Claim Damages (Article 74): The buyer can claim compensation for any loss suffered due to the seller’s breach, such as the cost of purchasing replacement mangoes.
A coastal state, Marina Republic, has declared an Exclusive Economic Zone (EEZ) extending 200 nautical miles from its baseline, as per UNCLOS. A neighboring state, Oceanica, sends its fishing vessels into Marina Republic's EEZ to catch tuna, claiming historical fishing rights in the area. Marina Republic intercepts the vessels and demands they leave, arguing that the EEZ gives it exclusive rights to the resources within this zone.
Does Oceanica have the right to fish in Marina Republic's EEZ under UNCLOS, or is Marina Republic correct in asserting its exclusive rights?
EEZ Rights (Article 56): Under UNCLOS, a coastal state has sovereign rights over the natural resources within its EEZ, including fish stocks.
A Cambodian company, Phnom Penh Textiles, enters into a contract with a German company, Bavarian Fashions, to supply 5,000 meters of high-quality fabric. The contract is governed by the CISG. The goods are to be delivered by March 1st for the production of spring clothing. However, Phnom Penh Textiles delivers the fabric on March 15th, causing Bavarian Fashions to miss an important trade show. Additionally, upon inspection, Bavarian Fashions finds that 500 meters of the fabric do not meet the agreed quality standards.
Bavarian Fashions wants to reduce the price of the fabric and potentially claim damages for the missed trade show. Can they do so under the CISG?
Late Delivery: Article 33. Seller obligations
Non-confirming Goods: Aritcle 35. Goods to meet standard. Article 50, buyer to proportionally reduce the price.
Claim for damages: Article 50, 49, 25.
How does the CISG handle situations where there is a fundamental breach of contract by either party?
A fundamental breach occurs when a party’s failure to perform substantially deprives the other party of what they are entitled to expect under the contract. The aggrieved party may terminate the contract.
peremptory norms of international law that cannot be derogated from by treaty or other means
Jus Cogens
Principle of non-intervention
Article 2(7):
“Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state.."
How does the CISG address issues of risk transfer in the international sale of goods?
Article 66: States that the buyer bears the risk of loss or damage to the goods once the risk has been transferred unless the loss is due to an act or omission of the seller.
Article 67: Specifies that the risk transfers to the buyer when the goods are handed over to the first carrier for transportation, if the sale involves the carriage of goods.
Article 68, 69, 70.
elements of customary international rules
Customary Internatinal Law vs Regional Customary International Law?
General Practice and Opinio Juris the same.
Stricter interpretation.