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Dealing with Bribery and Corruption in International Commercial Arbitration
International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬– that is, on their own initiative – has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standard...
International Sales Law
This book brings together the top international sales law scholars from twenty-three countries to review the Convention on Contracts for International Sale of Goods (CISG) and its role in the unification of global sales law. It reviews the substance of CISG rules and analyzes alternative interpretations. A comparative analysis is given of how countries have accepted, interpreted, and applied the CISG. Theoretical insights are offered into the problems of uniform laws, the CISG's role in bridging the gap between the common and civil legal traditions, and the debate over good faith in CISG jurisprudence. The book reviews case law relating to the interpretation and application of the provisions of the CISG; analyzes how it has been recognized and implemented by national courts and arbitral tribunals; offers insights into problems of uniformity of application of an international sales convention; compares the CISG with the English Sale of Goods Act and places it in the context of other texts of UNCITRAL; and analyzes the CISG from the practitioner's perspective.
Elgar Concise Encyclopedia of Corruption Law
Presenting the broad spectrum of interdisciplinary academic research on corruption, this essential reference book examines anti-corruption legislation, governance mechanisms, international instruments, and other preventative measures intended to tackle corruption. Including over 100 entries and adopting a comprehensive approach to researching and combating corruption, this Encyclopedia covers the key ideas, concepts, and theories in corruption law.
Olaf Meyer Oral History (interview Code: 24517)
Zusammenfassung: Audiovisual testimony of a Holocaust survivor. Includes pre-war, wartime, and post-war experiences
Towards a New CISG
In Towards a New CISG, Leandro Tripodi discusses the aging and need for renovation of the 1980 Vienna Sales Convention. Changes in global political circumstances and to the economy of international sales of goods have rendered the 1980 CISG a dated legal instrument. Its recognized flexibility is not sufficient to cope with past and, especially, with future changes brought about by the introduction of new technologies affecting all kinds of goods subject to trade. In light of the challenges posed by 21st-century commerce, Dr. Tripodi proposes the adoption of a Convention on the International Sale of Goods and Services (CISGS). The idea of a new convention is based on the following facts: 1) goods and services are no longer as distinguishable as they were in 1980; 2) sales of goods and sales (i.e., the provision) of services are not as easy to apportion as the CISG supposes and can hardly continue to be treated separately by the legal sources of international trade.
Ownership of Proceeds of Corruption in International Law
Recovery of proceeds deriving from corruption is now increasingly recognized as a principle of contemporary international law. However, people's sovereign and ownership rights over their wealth and natural resources have remained more theoretical than real, especially in the global fight against corruption. As a result, the populations of victim-states often cannot hold their governments accountable for misusing proceeds of corruption, and do not benefit from the recovery, repatriation, management, and use of returned proceeds. In the first comprehensive study on the issue, Kolawole Olaniyan challenges the conventional notion that sovereign and ownership rights over wealth and natural resour...
