International contracts between common law and civil law: is non-state law to be preferred? The difficulty of interpreting legal standards such as good faith.
Abstract Most commercial contracts are nowadays written on the basis of English or American contract models, irrespective of whether the legal relationship that the contracts regulate is governed by a law belonging to a Common Law system or not. These contract models are drafted on the basis...

Soft law for solid contracts? A comparative analysis of the value of the UNIDROIT principles of international commercial contracts and the principles of European contract law to the process of contract law harmonization.
I. INTRODUCTION The globalization phenomenon constantly confronts legislative bodies all over the world with one urgent question: How to draft new laws and adjust existing rules to secure their effectiveness in times of "global marketplaces" with internationally operating corporations and individuals? The expansions of transnational business interactions,...

The UN Sales of Goods Convention: perspectives on the current state-of-play.
The panel was convened at 9:00 a.m., Saturday, March 31, by its moderator Gabriel Wilner of the University of Georgia School of Law, who introduced the panelists: Eduardo Grebler of Catholic University of Minas Gerais Law School and the International Law Association, Brazilian branch; Ingeborg Schwenzer of the University...

Where law and pedagogy meet in the transsystemic contracts classroom.
In this article, the author examines how the transsystemic McGill Programme, predicated on a uniquely comparative, bilingual, and dialogic theoretical foundation of legal education, operates "on the ground" in a first-year Contractual Obligations classroom. She describes generally how the McGill Programme distinguishes itself from other comparative or interdisciplinary projects...

Demystifying the right to exclude: of property, inviolability, and automatic injunctions.
The right to exclude has long been considered a central component of property. In focusing on the element of exclusion, courts and scholars have paid little attention to what an owner's right to exclude means and the forms in which this right might manifest itself in actual property practice....

Choice of law in third-millennium arbitrations: the relevance of the UNIDROIT Principles of International Commercial Contracts.
TABLE OF CONTENTS I. INTRODUCTION II. ON CHARACTERIZATION III. ON PRELIMINARY QUESTIONS IV. ON CHOICE OF LAW APPLICABLE TO THE MERITS OF THE DISPUTE A. Models of Choice B. The UNIDROIT Principles in Action 1. UNIDROIT Principles as a Lex Contraetus 2. Positive Choice of Law by the Parties:...

A system of logo-based disclosure of DRM on download products.
I. Introduction Many people and organizations maintain the opinion that Digital Rights Management (DRM) technologies are counterproductive, (1) a part of unsustainable business models, (2) or anathema to either the language or the purpose of United States intellectual property laws. (3) Others take the position that Digital...

Comparative study of the formation of electronic contracts in American law with references to international and Mexican law.
I.INTRODUCTION II.FIELD OF APPLICATION III. AUTONOMY OF THE PARTS (EXCLUSIONS, EXCEPTIONS, AND MODIFICATIONS) IV.FORMATION OF THE ELECTRONIC CONTRACT A. The Offer B. The Acceptance C. The Perfection V.ADDITIONAL OR DIFFERENT TERMS IN A CONTRACT VI.FORMS AND EVIDENCE OF A CONTRACT VII.CONSIDERATION VIII.CONCLUSIONS TABLE 1: FIELD OF APPLICATION TABLE 2:...

The Limits of Leviathan: Contract Theory and the Enforcement of International Law.
The Limits of Leviathan: Contract Theory and the Enforcement of International Law. By Robert E. Scott and Paul B. Stephan. Cambridge, New York: Cambridge University Press, 2006. Pp. viii, 255. Index. $70, 40 [pounds sterling]. Over the last five years, public international law scholarship in the United...

Explaining the principled exception to privity of contract.
The author contends that the Supreme Court of Canada was right in creating the "principled exception" to privity of contract in its decisions in London Drugs and Fraser River but not for the reasons given in those decisions. Neither the "intentions of the parties" nor "commercial reality" can explain...