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Luca Schicho - State Entities in International Investment Law

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Luca Schicho

State Entities in International Investment Law

Series: Studien zum Internationalen Investitionsrecht

Volume 4 2012

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List of Sources S. 231-249

„… on Principles of International Law concerning Friendly Relations and Co-operation among States in …” „… Draft Articles on State Responsibility”, 37 GYIL 206 (1994) Aust, A., Modern Treaty Law and Practice (2 …” „… Claims Tribunal: Its Contribution to the Law of State Responsibility, 301 (1998) Brower, C.N., Bruschke …”

Organ status S. 86-94

„… entity which has that status in accordance with the internal law of the State”. For this purpose, the …” „… the ICJ expressly states, domestic law is not a source of international law.351 This was confirmed by …” „… under domestic law but in practice not acting as a State organ,358 it would have to be assessed whether …”

Objections raised by respondent States S. 102-108

„… and practice.450 Domestic law is relevant to establish whether an entity actually constitutes a State …” „… by respondent States, which objected to attribution by referring to domestic law provisions according …” „… the Law of International Responsibility of States”, 3 EJIL 139, 144 (1999). 452 Referring to the …”

The ILC ASR as a structural framework S. 22-25

„… departing from the essential aspects of the rules of attribution under customary law of State responsibility …” „… customary international law. As the ILC ASR are the by far most authoritative document on the rules of State …” „… law of State responsibility. Already in their drafting process, the ICJ repeatedly referred to the …”

Drafting history of Art. 4 S. 84-86

„… Convention case, the ICJ held that “the expression ‘State organ’, as used in customary international law and …” „… the Law of State Responsibility, 109, 130 (1998); Chinkin, C., “A Critique of the Public/Private …” „… having that status under the internal law of that State shall be considered as an act of the State …”

Application of the concept of overall assessment S. 108-116

„… specific act creating the SCA and noted that “the SCA is not classified as a State organ under Egyptian law …” „… State enterprises and monopolies and that therefore “the customary international law rules reflected in …” „… State’s behalf”.491 It then referred to each of the entities, reviewing their status under domestic law …”

The distinction from violations of the duty to protect S. 18-21

„… that the law of State responsibility should aim to protect vulnerable individuals rather than State …” „… Iran-United States Claims Tribunal: Its Contribution to the Law of State Responsibility, 109, 127 (1998). 13 …” „… ., Schreuer, C., Principles of International Investment law, 149 (2008); Dugan, C.F. et al., Investor-State …”

A lex specialis of lower thresholds S. 193-196

„… , if the law creating the State entity explicitly and exhaustively stated its functions and objectives …” „… international investment law. The ILC ASR explicitly recognize that such derogation is possible. Art. 55 states …” „… Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts Adopted on …”

Control S. 159-189

„… entire system of international law on State responsibil- 777 Spinedi, M., “On the Non-Attribution of the …” „… not require actual attribution of conduct under the law of State responsibility.819 Rather, other …” „… , S., “The International Law Commission’s Articles on the Responsibility of States for Internationally …”

The importance of State entities S. 39-42

„… notions of the term and its use in various contexts of international law. 1. The importance of State …” „… of international law,128 for which the use of separate entities instead of State organs constitutes a …” „… International Law on Foreign Investment, 69 (2004); Butler, W.E., “ Treaty Capacity and the Russian State …”

The importance of the rules of attribution S. 17-18

„… founding father of the modern understanding of the law of State responsibility, referred to them as “one of …” „… reference to specific rules for attributing conduct.7 These rules are necessary because in the law of State …” „… that the law of State responsibility should aim to protect vulnerable individuals rather than State …”

Empowerment by law S. 123-127

„… empowered by domestic law of that State to exercise elements of governmental authority, Art. 5 does not …” „… law566 or by the delegation of a function by a State organ empowered to undertake such delegations.567 …” „… to entities that have been empowered by a specific law of the State granting them governmental powers …”

The ILC ASR and their preparatory works S. 25-26

„… International Law Commission’s Draft Articles on State Responsibility”, 37 GYIL 206, 248 (1994); Bederman, D.J …” „… ., “Countering Countermeasures”, 96 AJIL 817, 827 (2002); W. Czaplinski, UN Codification of Law of State …” „… , S., “The International Law Commission’s Articles on the Responsibility of States for Internationally …”

Distinguishing from other entities S. 60-62

„… ., Commentary to Art. 11, para. 3. 61 ary international law.231 The ILC ASR also state this very clearly in Art …” „… Exon-Florio Balance”, 67 Ohio State Law Journal 849, 852 (2006). 240 Feng, Y., “’We wouldn’t transfer Title …” „… 60 tity is created under public law, it needs to be assessed whether it is part of the hierarchical …”

Drafting history of Art. 5 S. 120-122

„… article 4 but which is empowered by the law of that State to exercise elements of the governmental …” „… authority shall be considered an act of the State under international law, provided the person or entity is …” „… .), Max Planck Encyclopedia of Public International Law (2010); Hoppe, C., “Passing the Buck, State …”

Overall control S. 191-193

„… . Weiler (ed.), International Investment Law and Arbitration, 17, 18 (2005). 192 State under Art. 8.941 …” „… effective control. This would be the case, for example, if the law creating the State entity explicitly and …” „… obligations between two States under treaty law or the derogation from more general rules of customary …”

Introduction S. 15-16

„… over the strong, a tale of harnessing State power through the ties of law. State entities are the twist …” „… private law or as public bodies falling outside the hierarchical framework of State organs, and they have …” „… particularly interesting, continuously growing body of case law. Investors frequently interact with State …”

Public Private Partnerships S. 75-78

„… comparatively difficult. D. Privatization agencies A category of State entities closely related to …” „… privatizing former State enterprises and restructuring a certain sector of the economy. Examples include cases …” „… entities clearly qualify as State entities, enjoying separate legal personality and a close relationship to …”

State entities in scholarly writings S. 56-58

„… reference term, while referring to State entities (as a broader category) only in the light of case law of …” „… 56 The recent approach taken in Bayindir v. Pakistan 217 to focus on the terms State entity and …” „… State organ and to strictly distinguish between the two seems particularly commendable: A State entity …”

Influence based on State ownership S. 205-209

„… corporate law rather than public law. While full ownership by the State may seem to suggest a high degree of …” „… , “Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in …” „… State, either under corporate or public law, may constitute an illegal circumvention of specific …”

The application of the rules of attribution to State entities S. 21-22

„… extent these rules are being and should be adapted to investment law cases involving State entities. One …” „… essential aspects of the rules of attribution under customary law of State responsibility. 4. The ILC ASR as …” „… international law. As the ILC ASR are the by far most authoritative document on the rules of State …”

State entities in arbitral decisions S. 48-56

„… law framework which distinguishes between “Public Business Entities” and “State commercial …” „… resolved in accordance with international law”.182 Thereby, the Tribunal expressly used the term “State …” „… Law and Arbitration, 17, 26 (2005); Harb, A.M., “The Wrongful Acts of Independent State Entities and …”

Acting in official capacity S. 94-102

„… precisely as envisaged by the State, e.g. as provided for in the domestic law provisions creating the organ …” „… a State”, para. 1, in: Wolfrum, R. (ed.), Max Planck Encyclopedia of Public International Law (2010 …” „… ., State Responsibility, 145 (1983); Czaplinski, W., “UN Codification of Law of State Responsibility”, 41 …”

Background S. 83-84

„… “core case” of State responsibility under customary international law, the responsibility of States for …” „… organ shall be considered an act of that State under international law, whether the organ exercises …” „… person or entity which has that status in accordance with the internal law of the State”. The principle …”

Art. 9 – Conduct carried out in absence or default of official authorities S. 221-223

„… conduct of a person or group of persons shall be considered an act of a State under international law if …” „… Law 891, 895 (2002). 1082 Bodansky, D., Crook, J.R., “Symposium: The ILC’s State Responsibility …” „… attribution provisions of the ILC ASR could, under certain circumstances, apply to the conduct of State …”

Influence based on public law S. 197-205

„… public law that equips the State with special rights or powers allowing such control. A typical …” „… framework for the relationship between the State and the State entity would therefore be corporate law …” „… rather than public law. While full ownership by the State may seem to suggest a high degree of control …”

Art. 11 – Conduct acknowledged and adopted S. 223-226

„… Violations arising from Conduct of Non-State Actors”, 11 Buffalo Human Rights Law Review 21, 63 (2005). 1078 …” „… law. A further consequence of this central importance of the intention of the State is that a State …” „… , C., “Immunity of State Officials and International Organizations in International Law”, in: Evans …”

The law: the role of the ILC ASR S. 227-228

„… proper determination of attribution in cases involving State entities. 1. The law: the role of the ILC …” „… investment law. Attempts to broaden the scope of attribution in a field where otherwise State entities may …” „… concerned with the protection of individuals from the State, such as human rights law, investment law aims …”

Outside the official structure of the State S. 59-60

„… State organs may enjoy separate legal personality under public law while being nonetheless classical …” „… under public law) most vehemently.227 In such cases, the term State entity is nonetheless out of place …” „… separate legal personality under private law. This is usually the case with State enterprises and sometimes …”

Recourse to the ILC ASR in investment arbitration case-law S. 26-28

„… the ILC ASR in investment arbitration case-law The work of the ILC on State responsibility has been …” „… Law of State Responsibility”, 41 Archiv des Völkerrechts 62, 62 (2003). 52 Caron, D.D., “The ILC …” „… of attribution under the law of State responsibility,56 the law to be applied are the customary rules …”

Instructions S. 157-159

„… , UN Codification of Law of State Responsibility, 41 Archiv des Völkerrechts 62, 64 (2003). 742 Tehran …” „… Townsend, G., “State Responsibility for Acts of De Facto Agents”, 14 Arizona Journal of International Law …” „… in the conduct and the State.739 This factual relationship must be related to and have a bearing on …”

Mainly merits: the prima facie test S. 31-36

„… domestic law of the host State.74 Should the investor find domestic courts unwilling to pursue its case, it …” „… to the Law of State Responsibility, 109, 112 (1998). 32 was decided upon varies significantly between …” „… and Mineral Corporation law, to show that it did not constitute a State organ.86 The Tribunal …”

Overall control S. 217-218

„… 217 ties can offer to political decision-makers to abuse their influence over State entities to the …” „… more reluctant to deviate from the rules of attribution under general international law than one might …” „… human rights obligations, more flexible rules have been suggested to ensure that States “meet their …”

Exercising elements of governmental authority S. 127-143

„… domestic law. The relevant conduct is therefore that of the respective State organs legally responsible to …” „… , while being considered “commercial” in another State. Therefore, the analysis of respective case law can …” „… Hamester v. Ghana. The Tribunal quoted the provision in the law creating the State entity at issue which …”

The use Art. 4 for interpreting other attribution provisions S. 118-119

„… should not be treated as panaceas for all perceived shortcomings of the law of State responsibility and …” „… only shown to be empowered by domestic law to exercise elements of governmental authority but also that …” „… isolated provision, this seems to allow States to avoid responsibility too easily. An entity empowered to …”

Table of Abbreviations S. 13-14

„… International Law ANB National Dams Agency APAPS Authority for the Privatization and Management of the State …” „… International Law Commissions ILC ASR International Law Commissions’ Articles on State Responsibility ILM …” „… United States Dollar WAPDA Water and Power Development Authority YBILC Yearbook of the International Law …”

Attribution ultra vires S. 145-146

„… with domestic law and therefore beyond its authority, attributable, because the State “bears …” „… argue that agreements concluded by a State-owned entity must have been void ab initio, as domestic law …” „… attributable to the State”.693 4. Conclusions Case law for the attribution of State entities under Art. 5 is …”

State entities in the ILC Articles on State Responsibility (2001) S. 42-44

„… State entities. They are widely considered as an expression of current customary international law141 …” „… article 4 but which is empowered by the law of that State to exercise elements of the governmental …” „… actual organs of the State but are nonetheless empowered, by domestic law, to exercise the authority …”

Intervention with de facto binding instructions: Lemire v. Ukraine S. 214-217

„… law provisions establishing a State entity as independent and impartial are no guarantee against …” „… relationship between a State and a State entity will often allow State organs to make use of forms of …” „… communication theoretically not binding, but effectively binding due to the influence of the State over the …”

The structure: distinguishing between attribution rules S. 228-230

„… , investment law is a field in which the dispute is usually one between a State and a structurally much weaker …” „… from the State, such as human rights law, investment law aims to grant both sides (the host State and …” „… 228 Concerning the relatonship between investment law and general public international law, staying …”

State enterprises S. 70-72

„… organ under domestic law or de facto enjoyed such a status in the legal framework of State organs. State …” „… law, this also may result in a categorization as State organs. As the Commentaries emphasize, in …” „… disputes with foreign investors. 5. Categories of State entities There are numerous different categories of …”

Mainly jurisdiction: the “State entity test” S. 36-38

„… law of State responsibility,115 thus assimilating the test at the jurisdictional stage to that at the …” „… The rules of State responsibility under public international law are well established and have found …” „… State”. 110 The Tribunal then observed that this approach was “particularly appropriate” in the present …”

Regulatory and supervisory agencies S. 72-73

„… governmental authority in place of State organs, as well as situations where former State corporations have …” „… Taking the less restrictive approach set out in a number of arbitral decisions,280 a State enterprise …” „… position as a virtual monopolist, its conduct would be attributable to the State under Art. 5 ILC ASR …”

The impact of the assessment of Art. 4 on the overall decision on attribution S. 117-118

„… located “outside” the formal organization of the State. In such a case, the provisions of domestic law …” „… should not be treated as panaceas for all perceived shortcomings of the law of State responsibility and …” „… State organ will play an important role for this process.532 For example, an entity may be found not to …”

State ownership in Maffezini v. Spain S. 209-211

„… Latvenergo functioned as a mere instrument of the State in a highly regulated electricity market, in …” „… though it would have been under an obligation to do so. This seems to imply an attribution as a State …” „… of the “the rules of attribution in international law” it attributed the conduct in the end, this …”

Separate legal personality S. 58-59

„… the State, either having separate legal personality under private law or, when created under public …” „… law, falling outside the hierarchical framework of State organs. Third, they have a special connection …” „… may enjoy separate legal personality under public law while being nonetheless classical State organs …”

Infrastructure and development agencies S. 73-75

„… effective control of the specific conduct. Such cases have involved various types of State entities such as …” „… An important part of case law is also constituted by cases involving entities responsible for the …” „… strong involvement of State organs in their operation which can result 281 CME Czech Republic B.V. v …”

Table of Contents S. 9-12

„… . Objections raised by respondent States 102 1) Characterization under domestic law 103 2) The relevance of …” „… Chapter II. State Responsibility and Attribution 17 1. The importance of the rules of attribution 17 2 …” „… attribution to State entities 21 4. The ILC ASR as a structural framework 22 5. The ILC ASR and their …”

Determining attribution under the ILC ASR S. 28-31

„… enforced under the domestic law of the host State.74 Should the investor find domestic courts unwilling to …” „… Contribution to the Law of State Responsibility, 109, 112 (1998). …” „… 28 in his reply that the entity actually constituted a State organ, whose conduct would be …”

Drafting history of Art. 8 S. 148-152

„… 148 Chapter VI. Art. 8 – Control 1. Introduction A fundamental rule of the law of State …” „… person or group of persons shall be considered an act of a State under international law if the person or …” „… international law,701 aiming to ensure that acts are attributed when the State was actually “drawing the strings …”

Art. 4 in the process of establishing attribution S. 116-117

„… located “outside” the formal organization of the State. In such a case, the provisions of domestic law …” „… 116 4. Conclusions Art. 4 plays an important role for the question of attribution of State entities …” „… other attribution provisions. Just like domestic law is of decisive importance for the application of …”

Conclusions S. 146-147

„… domestic law prohibits State-owned entities from alienating property. The Tribunal held that it was …” „… attributable to the State”.693 4. Conclusions Case law for the attribution of State entities under Art. 5 is …” „… attributed even in cases of an excess of competence.692 In Kardassopolous v. Georgia, the respondent State …”

Special relationship with the State S. 60

„… 60 tity is created under public law, it needs to be assessed whether it is part of the hierarchical …” „… framework of State organs. C. Special relationship with the State A special relationship with the State is …” „… an essential criterion as it is this particular element which sets the State entity apart from normal …”

Political influence S. 62-68

„… : Maintaining the Exon-Florio Balance”, 67 Ohio State Law Journal 849, 852 (2006). 240 Feng, Y., “’We wouldn’t …” „… organisations State entities. 4. Common characteristics of State entities State entities differ from normal …” „… of partially privatized State enterprises or infrastructural agencies partially operating on a …”

Reversed burden of proof S. 196-197

„… Contribution to the Law of State Responsibility, 109, 165 (1998); Hoppe, C., “Passing the Buck: State …” „… State can exercise control over State entities. In numerous cases, it is public law that equips the …” „… application of a very high threshold of Art. 8 in investment law would be the use of a reversed burden of …”

Governmental authority in treaties S. 122-123

„… empowered by domestic law of that State to exercise elements of governmental authority, Art. 5 does not …” „… Immunities of States and Their Property550 adopts a broad definition of the State. Its Art. 2(1)(b) provides …” „… that for the purposes of the Convention, State means, inter alia, “agencies or instrumentalities of the …”

State entities in the United Nations Convention on Jurisdictional Immunities of States and Their Property (2004) S. 44-46

„… of conduct of State entities under the law of State responsibility, which is centered on the …” „… 44 clude entities that have legal personality.144 Entities directed or controlled by the State or …” „… acting under its instructions have an evident link to the State that distinguishes them from other …”

Sovereign Wealth Funds S. 78-81

„… into State organs such as ministries or central banks, which manage them as pools of assets managed …” „… not qualify as State entities and therefore fall outside the main topic of this book. However, about …” „… 50% of SWFs operate as separate legal entities.316 Such funds are essentially State enterprises …”

Titelei/Inhaltsverzeichnis S. 2-8

„… 16.11.11 12:26Luca SchichoState Entities in International Investment LawNomosBUT_Schicho_6516-7.indd 3 …” „… shared and all who will share my journey 6 7 Foreword “State Entities in International Investment Law …” „… application of the rules of attribution under public international law to the conduct of State entities in the …”

Acting in that capacity – exercising that authority S. 143-145

„… fulfilled: First, the entity must be empowered by the domestic law of the State to exercise elements of …” „… of the State and analyses the nature of that presence. When arbitral Tribunals resort to an analysis …” „… of the functions and tasks and thereby the field of activity of a State entity, both the …”

Lower threshold as lex specialis S. 218-219

„… investment law.1060 B. Lower threshold as lex specialis Overall, a review of recent investment arbitration …” „… to the field of investment law. This certainly does not mean that no such rules will arise in the …” „… concerning lex specialis attribution rules in investment law. An example that comes to mind is the decision …”

Multiple control S. 190-191

„… law, it cannot go beyond what is supported by State practice and opinio iuris. It is quite clear that …” „… 190 the responsibility of that State for its activities, whether or not each of them was …” „… specifically imposed, requested or directed by the State“. (emphasis in the original)933 However, it should be …”

No attribution ultra vires S. 189-190

„… arising from Conduct of Non-State Actors”, 11 Buffalo Human Rights Law Review 21, at 61 (2005); Milanovic …” „… law, it cannot go beyond what is supported by State practice and opinio iuris. It is quite clear that …” „… provisions, namely Arts. 4-6. 930 The reasoning for this limitation is that the State “in giving lawful …”

Expected intervention: FW Oil v. Trinidad & Tobago S. 211-212

„… indicates a willingness to broaden the scope of State responsibility in investment law cases where …” „… Tribunal discussed the possible attribution of conduct of Petrotrin, a State enterprise in the oil and gas …” „… Petrotrin to be a ‘State Enterprise’ under the direct control of the Minister of Finance”. The entity also …”

Conclusions S. 226

„… 226 4. Conclusions It seems unlikely that Art. 9 would apply to State entities, as these are …” „… closely related to the State and would probably be similarly affected by the crisis that has lead to the …” „… be State owned enterprises providing a wide array of services to a local community, such as State …”

Introduction S. 221

„… conduct of a person or group of persons shall be considered an act of a State under international law if …” „… attribution provisions of the ILC ASR could, under certain circumstances, apply to the conduct of State …” „… official authorities, while Art. 11 covers cases where the State acknowledges and adopts private conduct as …”

State entities in other treaties S. 46-48

„… 46 D. State entities in other treaties Some treaties contain special provisions concerning entities …” „… with a special relationship to the State. However, treaty practice is far from coherent: On the one …” „… ” and “State enterprises”,152 followed in almost identical wording by both the US Model BIT 2004.153 …”

Intervention with de iure binding instructions: EDF v. Romania S. 212-214

„… intervention by State organs and the broad acceptance of this intervention by the affected State entities which …” „… indicated a general practice of wideranging State control of their operations.1031 Nonetheless, it should be …” „… attribution of conduct of a person or group of persons to the State as provided by Art. 8 is “exceptional …”

Terminology problems in distinguishing the sub-categories S. 155-157

„… Codification of Law of State Responsibility, 41 Archiv des Völkerrechts 62, 64 (2003). 742 Tehran Hostages …” „… 155 der the direction and control of the State within the meaning of ILC Article 8“.726 This shows …” „… be found in the Commentaries to the ILC ASR. Inter alia, the Commentaries note that States may “by …”

Conclusion S. 81-82

„… investment objectives. 6. Conclusion State entities are a challenging issue in investment law both due to the …” „… the State. This depends on the internal decision-making structures of SWFs. The governing bodies in …” „… of conduct of a State entity it is therefore essential to keep in mind these particular features and …”

The sub-categories under Art. 8 S. 152-155

„… between the State and a specific entity. 718 Although the provision uses three terms, the provision can …” „… actually be divided into two main separate cases, namely conduct on the instructions of a State and conduct …” „… under the direction or control of a State.719 1) Instructions Attribution due to instructions applies to …”

State entities in the ICSID Convention S. 44

„… of conduct of State entities under the law of State responsibility, which is centered on the …” „… 44 clude entities that have legal personality.144 Entities directed or controlled by the State or …” „… acting under its instructions have an evident link to the State that distinguishes them from other …”

Privatization agencies S. 75

„… comparatively difficult. D. Privatization agencies A category of State entities closely related to …” „… privatizing former State enterprises and restructuring a certain sector of the economy. Examples include cases …” „… entities clearly qualify as State entities, enjoying separate legal personality and a close relationship to …”

Conclusions S. 38

„… State responsibility under public international law are well established and have found their broadly …” „… determine, in substance, the relationship between a State and a State entity they rely on the same criteria …” „… , as the “State entity test” in Maffezini v. Spain demonstrates,122 Tribunals would have difficulty to …”

Conclusion S. 38

„… State responsibility under public international law are well established and have found their broadly …” „… determine, in substance, the relationship between a State and a State entity they rely on the same criteria …” „… , as the “State entity test” in Maffezini v. Spain demonstrates,122 Tribunals would have difficulty to …”

Aims and objectives: the drive to expand S. 69-70

„… expectations of political decision-makers who may have a strong influence on the State entity. If the desired …” „… from cases of actual political influence, State entities may also engage in unexpected and possibly …” „… expand the scale and scope of its operations. In such cases, managers or officials in State entities may …”

doi.org/10.5771/9783845236261

Martin Böse, Kay H. Schumann, Friedrich Toepel - Festschrift zum 70. Geburtstag von Professor Dr. Dr. h.c. mult. Urs Kindhäuser

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Martin Böse (ed.), Kay H. Schumann (ed.), Friedrich Toepel (ed.)

Festschrift zum 70. Geburtstag von Professor Dr. Dr. h.c. mult. Urs Kindhäuser

2019

Results in this title

Esteban Mizrahi Expanded Criminal Law and Crisis of the Democratic Constitutional State S. 311-322

„… democratic constitutional state, obedience means respect for the law. While respecting laws, individuals do …” „… Expanded Criminal Law and Crisis of the Democratic Constitutional State Esteban Mizrahi Drug …” „… theoretical stance, the criminal law of a democratic state is undoubtedly aimed to those who are normatively …”

Carsten Momsen, Sarah Lisa Washington Unternehmensstrafrecht vs. Conspiracy? Alternative Strafverfolgungsmodelle im Wirtschaftsstrafrecht S. 923-942

„… ein. Er umfasst alle Straftaten, die nach State- oder Federal Law strafbar sind. Obwohl sich RICO …” „… / Sarah Lisa Washington 926 Beispielhaft sei hier Article 105 New York State Penal Law, vorgestellt …” „… United States vs. Reynolds 919 F .2d 435 (7th Circuit 1990), vgl. LaFave, Criminal Law (6th Ed.), 2017 …”

Carl-Friedrich Stuckenberg Zum ontologischen Status mentaler Zustände S. 533-548

„… Kleinknecht, S. 191, 201. 85 Vgl. nur Allen & Pardo, The Myth of the Law-Fact-Distinction, 97 Nw.U.L.Rev. 1769 …” „… oder falsch.3 Daran können sich weitere I. 1 S. nur Shapira-Ettinger, The Conundrum of Mental States …” „… the Criminal Law, 2013, S. 148, 152 f., 170; Fletcher, Rethinking Criminal Law, 1978, S. 396 ff.; vgl …”

Konstantinos Vathiotis „Das Christbrot“: Eine „entgleiste Giftmordfalle“ griechischer Art S. 573-584

„… . Glazebrook (Hrsg.), Reshaping the Criminal Law. Essays in Honour of Glanville Williams, London 1978, S. 77 …” „… : Knobe’s Theory as a Rational Limit on Felony Murder, Louisiana Law Review Vol. 73 (2013), 1011, 1013, 1014 …” „… . Siehe ferner Binder, The Culpability of Felony Murder, Notre Dame Law Review, 83 (2008), 965, 974: „even …”

Héctor Hernández Basualto Verbandsstrafe bei Auflösung, Umwandlung und asset dealRechtsvergleichende Überlegungen S. 911-922

„… Emerging Federal Common Law, 49 Ark. L. Rev. 469 (1996–1997); jüngst (auf die Anwendung des FCPA …” „… konzentriert) Phillips, The Federal Common Law of Successor Liability and the Foreign Corrupt Practices Act, 6 …” „… Rechtsprechung, obwohl nach dem common law und dem Bundesrecht eine aufgelöste juristische Person ähnlich wie ein …”

Titelei/Inhaltsverzeichnis S. 1-18

„… Mitsch Expanded Criminal Law and Crisis of the Democratic Constitutional State 311 Esteban Mizrahi Drei …”

Sabine Gless, Wolfgang Wohlers Subsumtionsautomat 2.0 Künstliche Intelligenz statt menschlicher Richter? S. 147-166

„… Lawyers in the Delivery of Legal Services, Fordham Law Review 82 (2014), 3041 ff. 16 NZZ vom 19. November …” „… .), Autonomous Weapons Systems: Law, Ethics, Policy, Cambridge 2016. 3 Gless/Janal, Hochautomatisiertes und …” „… and Criminal Law, New Criminal Law Review 19 (2016), 412, 415 ff.; Seher, in: Beck (Fn. 1), S. 45 ff …”

Juan Pablo Mañalich R. Erfolg und Handlung S. 245-262

„… 3/2015, 288, 304 ff. 9 Hierzu Mourelatos, Events, Processes, and States, Linguistics and Philosophy 2 …” „… Ebenso Wright, Causation in Tort Law, California Law Review 73 (1985), 1735, 1777 f.; Puppe …”

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Ines Härtel - Nachhaltigkeit, Energiewende, Klimawandel, Welternährung

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Ines Härtel (ed.)

Nachhaltigkeit, Energiewende, Klimawandel, Welternährung

Series: Forum Umwelt-, Agrar- und Klimaschutzrecht

Volume 1 2014

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Gerrard Michael B. § 16 Climate Change Law and Politics in the United States S. 412-424

„… other side's lawyers does not normally inhibit the bringing of lawsuits.Common Law CasesThe …” „… Climate Change Law and Politics in the United StatesMichael B. GerrardOverviewIntroductionA. 412 …” „… casesI. 423Common Law CasesII. 423ConclusionE. 424IntroductionThe United States has an extensive system …”

Cao Mingde § 18 Klimaschutz in China: Summary of Experience from the Existing Environmental Law Relating to Climate Change and Suggestions for China’s Climate Change Legislation S. 440-450

„… development laws as the renewable energy resources law, such production and consumption mode laws as the …” „… Klimaschutz in China: Summary of Experience from theExisting Environmental Law Relating to Climate …” „… experiences from environmental law relating to climate change legislation and puts forward certain …”

Walker Benedikt § 17 Das Energieeffizienzrecht in Kalifornien S. 425-439

„… Reinvestment Act of 2009, Public Law 111-5-17.2.2009,123 Stat. 115.56 www.energy.ca.gov/recovery/ (21.11.2013 …” „… Change Mitigation through Energy Efficiency Law: from International Obligations to Domestic Regulation …” „… , Journal of Energy & Natural RessourcesLaw, Vol. 31 No. 3 2013, S. 313, 320 ff.425Europäischen Union …”

Titelei/Inhaltsverzeichnis S. 1-12

„… , Ruhr-Universität BochumClimate Change Law and Politics in the United States§ 16 412Prof. Michael B. Gerrard, Andrew …” „… Sabin Professor of Professional Practice, Director of the Center for Climate Change Law,Columbia Law …” „… Law Relating to Climate Change andSuggestions for China’s Climate Change Legislation§ 18440Prof. Dr …”

Monien Johanna § 34 Die „Freiwilligen Leitlinien für die verantwortungsvolle Verwaltung von Boden- und Landnutzungsrechten, Fischgründen und Wäldern im Kontext nationaler Ernährungssicherung“ der Vereinten Nationen in rechtlicher Perspektive S. 789-802

„… rechtlicherPerspektiveJohanna MonienÜbersichtEinführungA. 789Der Begriff des Soft LawsB. 790Rechtliche Wirkung von Soft LawC …” „… - und Nachteile von Soft Law am Beispiel der FreiwilligenLeitlinien.Der Begriff des Soft LawsSoft Law …” „… des Soft Laws.FazitDie rechtliche und faktische Bedeutung von Soft Law ist somit auch imBereich der …”

Härtel Ines § 1 Vom Klimawandel bis zur Welternährung – zentrale Weltprobleme, Rechtsintegration und Zukunftsgesellschaft S. 13-70

„… mit den ordnend-vertraglichen Bindungen (wie der WTO) und Soft Law-Entwicklungen sind von hoher …” „… einschließlich Soft Law undfreiwilliger Befolgung von Regeln durch Selbstbindung. Gleichzeitig besteht der …” „… , Normenkollisionen und Rule of Law in Kontextendies- und jenseits des Staates, 2009; Ipsen, Private Normenordnungen …”

Qaim Matin, Klümper Wilhelm § 27 Der Beitrag der Landwirtschaft zur Bekämpfung des Hungers – Zur aktuellen und zukünftigen Situation der Welternährung S. 666-684

„… . In vielen Ländern,§ 27A.1 FAO, The State of Food Insecurity in the World, Food and Agriculture …” „… Godfray/Beddington/Crite/Haddad/Lawrence/Muir/Pretty/Robinson/Thomas/Toulmin, Science 327, 2010, S. 812-818.§ 27 Der Beitrag der Landwirtschaft zur Bekämpfung des Hungers669 …”

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Peter Mankowski (ed.)

Commercial Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2018

Results in this title

Wolf Müller-Rostin Article 56 States with More than One System of Law S. 1245

„… System of Law 1. If a State has two or more territorial units in which different systems of law are …” „… Protocols); or 2. within the territory of any single State Party to this Convention by virtue of that State …” „… applying to international carriage by air in the relationship of the States Parties concerned. There is …”

Peter Mankowski Article 95 CISG S. 411-412

„… Contracting States in Art. 1 (1) (b) CISG and its reliance on private international law. It was introduced on …” „… as with Art. 1 (1) (b) CISG as part of the law of the forum state. Insofar not the conflictual, PIL …” „… applicable substantive law. Art. 1 (1) (b) is not applicable in Contractuing States who have declared the …”

Introduction Introduction LPC S. 418-421

„… only to the fact where their domestic PIL leads to the application of the law of a Contracting State …” „… States Adopts UNCITRAL’s Firstborn’, 28 International Lawyer 1071 (1994). Introduction The original …” „… : The United States Adopts UNCITRAL’s Firstborn’, 28 International Lawyer 1071, 1080 (1994). 22 Official …”

Peter Mankowski Article 3 S. 427-428

„… international law make the law of a Contracting State applicable to the contract of sale. (2) This Convention …” „… place of business in a Third State.4 Un- 4 Sumulong, ‘International Trade Law and the United Nations …” „… the PIL of Third States. If the PIL of the forum declares the substantive law of a Third State …”

Peter Mankowski Article 1 CISG S. 11-19

„… law lead to the application of the law of a Contracting State. (2) The fact that the parties have …” „… the line between different parts of the substantive law of the Member States, plus a hierarchical …” „… designed law for cross-border commercial sales contracts. Its Contracting States acknowledge this and abide …”

Article 29 Additional national provisions S. 1065-1067

„… provided for in this Convention, the contract of carriage is governed by the law of the State agreed by the …” „… Parties. 2. In the absence of such agreement, the law of the State with which the contract of carriage is …” „… place of delivery or the shipper’s principal place of business is also located in that State. 4. The law …”

Gilles Cuniberti Article 5 Interpretation and applicable law S. 1371-1372

„… any Contracting State: (a) under the law of which it is incorporated or formed; (b) where it has its …” „… private international law of the forum State. 4. Where a State comprises several territorial units, each …” „… indication of the relevant territorial unit, the law of that State decides which is the territorial unit …”

Martin Schauer, Magdalena Gruber Article 12 Transposition S. 1358-1360

„… Council and the Commission on better law-making18 encourages Member States to draw up tables for …” „… directly on the provisions of the directive against the state when the law is not applied properly in …” „… Council of the European Union and the European Commission of 13 April 2016 on Better Law-Making, O.J. L …”

Peter Csoklich Introduction S. 898-900

„… unless the parties agree on a choice of law-clause. Courts in EU-Member States determine the applicable …” „… are mandatory (→ Art. 41 CMR) and cannot be replaced by contractual choice of law-clauses. In all …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 III. CMR and national law …”

Peter Mankowski Article 96 CISG S. 413

„… governed by the law(s) which are applicable to issues of form under the PIL of the forum state.3 The …” „… substantive law of the state who has declared the reservation. In some forum state own legislative steps might …” „… law applicable to the contract is the law of a Contracting State who has declared the reservation. The …”

Peter Mankowski Article 92 CISG S. 407-408

„… ) (b) CISG,8 if the lex causae is the law of a Contracting state which has not declared the reservation …” „… remain applicable. This is binding upon courts and lawyers in other Contracting states, too,6 and gains …” „… remain open for signature by all States at the Headquarters of the United Nations, New York until 30 …”

Erik Evtimov, Tatyana Payosova Article 1 Scope S. 1128-1131

„… of the material law of a State cannot be replaced by a voluntary agreement of the parties. The …” „… will remain subject to national law, not to the CIM UR. Any State which is a party to a convention …” „… two different Member States, irrespective of the place of business and the nationality of the parties …”

Raimond Emde Introduction S. 1247-1264

„… agents and stipulates this law as mandatory over other European laws. The chosen law of another EU state …” „… may not fall below due to national regulations. It is the case law of the ECJ that the Member States …” „… of the circumstances except for the choice of law are connected with a Member State.133 In the action …”

Martin Schauer, Magdalena Gruber Article 2 Definitions S. 1311-1320

„… of European Union law in all Member States. II. Article 2 (1) – Commercial transactions A …” „… reimbursement obligation was set and published by decree of law. When the State of Italy failed to reimburse the …” „… Providing a Uniform Law for Cheques (Geneva, 1931). Said conventions have been ratified by 14 Member States …”

Peter Mankowski Article 12 CISG S. 52-53

„… than writing.6 This applies even if the applicable law is the law of a Contracting State of the CISG …” „… law of the state which has declared the declaration under → Art. 96 CISG.9 The Sovjet Union might have …” „… their own national law as to form,13 it is recommendable to comply with the requirements of those laws …”

Wolf Müller-Rostin Introduction S. 1179-1183

„… ratifications by 152 states2 represents the most widely accepted unification of private law.3 The Warsaw …” „… Ruckteschell and David Heffernan (eds), Cologne Compendium on Air Law in Europe (Carl Heymanns Verlag, 2013 …” „… (Kluwer Law International, looseleaf) (cited as “Giemulla/Schmid”). Introduction A. The Warsaw Convention …”

Gilles Cuniberti Article 43 Jurisdiction under Article 13 S. 1404-1405

„… Specific Bibliography: Kreuzer, ‘Jurisdiction and choice of law under the Cape Town Convention …” „… agreements (e.g., existence of consent) remain applicable. They are governed by the applicable national law …” „… , which will be different depending on the characterization of such requirement.3 The applicable law will …”

Gilles Cuniberti Article 39 Rights having priority without registration S. 1400-1401

„… ) which under that State’s law have priority over an interest in an object equivalent to that of the …” „… which enjoy a higher priority under their national law.2 Yet, Art 39 (2) allows Contracting States to …” „… provider of public services to arrest or detain an object under the laws of that State for payment of …”

Gilles Cuniberti Article 30 Effects of insolvency S. 1391-1394

„… avoidance rules. Such rules will typically be provided by the law of the State where the insolvency was …” „… prevented or suspended by law or State action”. The purpose of this provision is to make the remedy …” „… interest is effective under the applicable law. 3. Nothing in this Article affects: (a) any rules of law …”

Gilles Cuniberti Article 4 Where debtor is situated S. 1371

„… any Contracting State: (a) under the law of which it is incorporated or formed; (b) where it has its …” „… private international law of the forum State. 4. Where a State comprises several territorial units, each …” „… indication of the relevant territorial unit, the law of that State decides which is the territorial unit …”

Eckart J. Brödermann Preamble (Purpose of the Principles) S. 477-483

„… other laws of states which are not based on UNCITRAL Model Law, e.g. England) and Hague Lecture 2017, at …” „… applicable private international law of the arbitration – or state court – forum permits the choice of ‘rules …” „… alternative to the choice of a state law.10 In these cases, the application of the UNIDROIT Principles stems …”

Gilles Cuniberti Article 13 Relief pending final determination S. 1379-1380

„… for their exercise. The applicable law(s) may provide a variety of additional remedies. Pre-judgment …” „… Article 12 Additional remedies Any additional remedies permitted by the applicable law, including …” „… Convention supplement rather than replace the remedies which might be available under the applicable law. The …”

Martin Schauer, Magdalena Gruber Introduction Introduction Dir. 2011/7/EU S. 1305-1306

„… on a more coherent private law in the Member States, pursuing the harmonisation of substantive …” „… the Approximation of the Civil and Commercial Law of the Member States4 devoted its efforts to …” „… approximation of the civil and commercial law of the Member States of 13 June 2002, O.J. C 140 E, 538. 5 …”

Peter Mankowski Article 34 S. 455

„… in this Convention reference is made to the law of a State in which different systems of law apply …” „… States in particular contain several systems of law. Art. 32 establishes a tie-breaker rule to identify …” „… (1) allows federal States to amend, modify, alter, or withdraw their initial declaration at any …”

Peter Mankowski Article 33 S. 455

„… in this Convention reference is made to the law of a State in which different systems of law apply …” „… States in particular contain several systems of law. Art. 32 establishes a tie-breaker rule to identify …” „… (1) allows federal States to amend, modify, alter, or withdraw their initial declaration at any …”

Peter Mankowski Article 32 S. 455

„… in this Convention reference is made to the law of a State in which different systems of law apply …” „… States in particular contain several systems of law. Art. 32 establishes a tie-breaker rule to identify …” „… (1) allows federal States to amend, modify, alter, or withdraw their initial declaration at any …”

Martin Schauer, Magdalena Gruber Article 1 Subject matter and scope S. 1307-1310

„… private international law provides for application of the law of a Contracting State (Article 1 (1) lit b …” „… that Member States are obliged to give the law of the European Union precedence over the CISG.30 …” „… argumentation takes recourse to national laws in the individual Member States and determines that the Directive …”

Peter Mankowski Introduction S. 1-8

„… Guarantees: Transnational Law and How Nation States Lost the Monopoly of Legitimate Enforcement (2012) 3 …” „… also upon non-State “law” like the UNIDROIT Principles on International Commercial Contracts14 or the …” „… ., ‘Unifying and harmonizing substantive law and the role of conflict of laws’ Recueil des Cours de l’Académie …”

Klaus Ramming Article 2 Scope of application S. 1000-1002

„… , the definition of Article 1 No. 9 adds that the law of a particular state means the rules of law in …” „… force in that state to the exclusion of regulations on private international law. As a result, any …” „… regular mail. IX. “Applicable law” (Article 1 No. 9) If a contract of carriage is, in principle, subject …”

Martin Schauer, Magdalena Gruber Article 9 Retention of title S. 1351-1352

„… III. Measures initiated by Member States Several initiatives have been initialised in Member …” „… States to monitor payment behaviours and encourage timely payment. For instance, France, Italy and Spain …” „… (among other Member States) have initiated measures in the sense of Article 8, namely electronic …”

Peter Mankowski Article 6 CISG S. 33-36

„… applicable law objectively.7 If the contract parties choose the law of non-Contracting State of the CISG …” „… CISG, the choice of the law of a non-Contracting State or the choice of an expressly specified domestic …” „… Contracting State or the choice of the law of a territorial unit of a Contracting State.11 The CISG forms an …”

Christoph Brunner, Michael Schifferli Article 42 CISG S. 220-225

„… : a. under the law of the State where the goods will be resold or otherwise used, if it was …” „… used in that State; or b. in any other case, under the law of the State where the buyer has his place …” „… . Whether an IP right factually exists must be determined according to the relevant national law, which is …”

Gilles Cuniberti Introduction S. 1363-1366

„… XII. CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT (CAPE TOWN CONVENTION) THE STATES …” „… Engines’, (2004) 69 Journal of Air Law and Commerce 3; Cuming, ‘Overview of the Convention on …” „… international Congress of comparative law (2014) 269; Fresnedo de Aguirre, ‘Proyecto de Ley Modelo …”

Klaus Ramming Introduction S. 990-992

„… first time that an attempt to unify inland waterway transport law was successful. Also, CMNI concluded a …” „… 1 maining gap in the row of transport law conventions. One may consider multimodal carriage a …” „… separate mode of transport. In so far, there is no unified international law in place, as the Multimodal …”

Gilles Cuniberti Article 38 Subrogation S. 1400

„… ) which under that State’s law have priority over an interest in an object equivalent to that of the …” „… provider of public services to arrest or detain an object under the laws of that State for payment of …” „… the applicable law. Article 38 Subrogation 1. Subject to paragraph 2, nothing in this Convention …”

Peter Mankowski Introduction S. 9-10

„… , Documentary History of the Uniform Law for International Sales (Kluwer, Deventer 1989) General Bibliography …” „… Roth, BGB (3rd ed., Beck, Munich 2012); Bianca/Bonell, Commentary on the International Sales Law – The …” „… mercaderiás (Civitas, Madrid 1998); DiMatteo/Janssen/Magnus/Reiner Schulze (eds), International Sales Law …”

Erik Evtimov, Tetyana Payosova Article 5 Mandatory law S. 1089

„… For carriage performed between two Member States, passing through a State which is not a Member …” „… State, the States concerned may conclude agreements which derogate from these Uniform Rules. Article 4 …” „… § 2 addresses a situation, where the carriage is performed between two CO- TIF Member States, passing …”

Peter Mankowski Article 7 CISG S. 37-41

„… which extent they can do so effectively and validly, is to be answered by the private international law …” „… of the forum. In Member States of the Rome I Regulation, such opt-in amounts only to a …” „… from by agreement; that choice is not elevated to the higher rank of a proper conflictual choice of law …”

Gilles Cuniberti Article 40 Registrable non-consensual rights or interests S. 1402

„… related to those services. States may only declare rights existing under national law. Where the law of …” „… rights will be governed by the applicable national law. A significant number of Contracting States have …” „… Art 39(1)(b) empowers Contracting States to make a declaration preserving the right of the provider of …”

Eckart J. Brödermann Article 1.4 (Mandatory rules) S. 486-488

„… private international law’, the UNIDROIT Principles leaves it to the dispute resolving forum (a state …” „… international law of the forum, whereby state courts and arbitration tribunals, even if they are located in the …” „… same state, apply different private international law because, for arbitration tribunals, it is often …”

Raimond Emde Article 17 S. 1287-1295

„… intermediaries are thus left to the autonomous law of the Member States, as the Directive has no blocking effect …” „… application of Art. 17 of Council Directive on the co-ordination of the laws of the member states relating to …” „… co-ordination of the laws of the member states relating to self-employed commercial agents (86/653/EEC), (COM(96 …”

Klaus Ramming Article 1 Definitions S. 993-999

„… reference. 9. The law of a State applicable in accordance with this Convention means the rules of law in …” „… force in that State other than its rules of private international law. Introduction I. “Contract of …” „… part of the relevant state’s domestic law. Against payment of freight The undertaking to carry goods …”

Wolf Müller-Rostin Article 29 Basis of Claims S. 1225-1226

„… in the context of any accident pursuant to Article 17. The national law for the EU Member States …” „… . Preemption of State law causes of action In the United States, the Supreme Court ended a longstanding dispute …” „… between circuit courts as to whether the Warsaw Convention preempted state law causes of action completely …”

Raimond Emde Article 2 S. 1266-1271

„… considered secondary by the law of that Member State. Articles 1 and 2 regulate the subject matter (factual …” „… indicates that the definition should primarily be based on the prevailing opinion in the State whose law …” „… to the laws of the Member States governing the relations between commercial agents and their …”

Gilles Cuniberti Article 52 Territorial units S. 1411

„… ) Lloyd’s Maritime Commercial Law Quarterly 161; Köhler, ‘Heading towards Cape Town? Some remarks on the …” „… ’ (2017) 22 Uniform Law Review 507; Mooney Jr, ‘The MAC Protocol: some comments and a challenge’ (2015) 4 …” „… equipment. Article 52 Territorial units 1. If a Contracting State has territorial units in which different …”

Peter Mankowski Article 31 S. 454

„… not governed by Art. 305 but by the respective rules of the international procedural law of the State …” „… State A which have interrupting effect ceasing the limitation to run, in all other Contracting …” „… States. If these proceedings are terminated by the court seised declaring itself incompetent without …”

Erik Evtimov, Tetyana Payosova Article 2 Declaration concerning liability in case of death of, or personal injury to, passengers S. 1087

„… A State which has made a reservation in accordance with § 6 may withdraw it at any time by …” „… Depositary notifies it to the Member States. The declaration shall cease to have effect when the convention …” „… referred to in § 6, first sentence, ceases to be in force for that State. Article 1 § 7 contains a …”

Wolf Müller-Rostin Article 33 Jurisdiction S. 1230-1231

„… not required.6 The notice should clearly state the damages for which the carrier is sought to be held …” „… estate. This provision confirms the existing theory and practice under both civil and common law …” „… damages must be brought, at the option of the plaintiff, in the territory of one of the States Parties …”

Erik Evtimov, Tetyana Payosova Introduction S. 1076-1083

„… Transport Law, Reader Autumn Semester 2017, University of Berne, Berne 2017; Erik Evtimov, ‘Entwicklung des …” „… Entwicklungslinien’, 2 Rechts der Transportwirtschaft (2013), SS. 41-49; Marian Hoeks, Multimodal Transport Law: The …” „… Law Applicable to the Multimodal Contract for the Carriage of Goods (Kluwer Law International, 2010 …”

Peter Mankowski Article 101 CISG S. 416-417

„… regulates denounciation in a maner typical for international law. It permits every Contracting State to …” „… (3) to (6) deal with the relation between the CISG and its predecessor, the Uniform Hague Sales Law …” „… (ULIS). In principle, the CISG urges a state to decide whether it enters the CISG system wholeheartedly …”

Erik Evtimov, Tatyana Payosova Article 6 Contract of carriage S. 1134-1138

„… inform the Member States and interested undertakings of these notifications. Article 4 § 3 clarifies the …” „… inform the Member States and interested undertakings of such derogations in reliance that notified …” „… the identical provision contained in the CIV UR (see Article 4 § 4 CIV UR). Article 5 Mandatory law …”

Wolf Müller-Rostin Article 53 Signature, Ratification and Entry into Force S. 1243

„… . Calculating time limits is a procedural matter subject to the law of the court seized. If German law is …” „… for signature in Montreal on 28 May 1999 by States participating in the International Conference on …” „… Air Law held at Montreal from 10 to 28 May 1999. After 28 May 1999, the Convention shall be open to …”

Wolf Müller-Rostin Article 52 Definition of Days S. 1243

„… . Calculating time limits is a procedural matter subject to the law of the court seized. If German law is …” „… for signature in Montreal on 28 May 1999 by States participating in the International Conference on …” „… Air Law held at Montreal from 10 to 28 May 1999. After 28 May 1999, the Convention shall be open to …”

Peter Csoklich Article 1 S. 901-905

„… are not met, the law of the state where the place of delivery as agreed by the parties is situated …” „… clause (Art. 3 Rome-I-Regulation), the law applicable to contracts of carriage shall be the law of …” „… carriage coming within its scope is carried out by States or by governmental institutions or organizations …”

Gilles Cuniberti Article 37 Effects of assignor’s insolvency S. 1397-1399

„… associated rights arise states that they are secured by or associated with the object; and (b) to the extent …” „… be determined by the applicable law. Article 37 Effects of assignor’s insolvency The provisions of …” „… , therefore, to any kind of transfer by operation of the law. They do not apply to subrogation, whether …”

Gilles Cuniberti Article 1 Definitions S. 1367-1368

„… ) “non-consensual right or interest” means a right or interest conferred under the law of a Contracting State which …” „… conditional upon declarations of the Contracting States. In the context of the Aviation Protocol, the …” „… promoters of the Convention have often been successful in getting many or most Contracting States making the …”

Peter Mankowski Article 99 CISG S. 415

„… an instrument which contains a declaration made under article 92. (2) When a State ratifies, accepts …” „… force in respect of that State, subject to the provisions of paragraph (6) of this article, on the first …” „… instrument of ratification, acceptance, approval or accession. (3) A State which ratifies, accepts, approves …”

Peter Mankowski Article 20 S. 445

„… protects the debtor’s faith in the application of his home law. Any forum in another State cannot have …” „… States which feature parallel notions in their national laws. “Writing” carries the same meaning as in …” „… limitation period and uniform law. It has to be complemented with the relevant national legislation.1 Art. 19 …”

Petra Butler Article 58 CISG S. 285-287

„… CISG is to unify international sales law, which would be jeopardised if the EU Member States, which are …” „… Performance Under the CISG: Arts 53-60 Trends in Decisions’, 25 Journal of Law and Commerce (2005-2006) 273 …” „… simultaneously also CISG Contracting States,7 followed the regime of the Directive and outside the EU the CISG …”

Lisa Spagnolo Article 18 CISG S. 81-92

„… , CISG-online 574 (http://cisgw3.law.pace.edu/ca ses/991021f1.html) (silence plus previous practice of always …” „… Resurrected: Contract Formation: Common Law UCC CISG’ (2015) 40(2) North Carolina Journal of International Law …” „… letters of confirmation is also a matter for the CISG, not domestic law, and may be affected by …”

Article 30 Carriage by way of specific inland waterways S. 1068

„… . Article 29.4 specifies that the carrier’s lien on the goods is subject to the law of the state where the …” „… goods are located. Normally, this would be the law of the state where the goods are delivered or, in …” „… case a carriage is abandoned, where they are returned to the shipper. The law identified by Article …”

Raimond Emde Article 22 S. 1301

„… national law, such as criminal law provisions.1 Article 22 1. Member States shall bring into force the …” „… of this Directive, Member States shall communicate to the Commission the main laws, regulations and …” „… clause. Due to the different transpositions of the Member States (e.g. no waiting allowance is provided …”

Raimond Emde Article 21 S. 1301

„… national law, such as criminal law provisions.1 Article 22 1. Member States shall bring into force the …” „… of this Directive, Member States shall communicate to the Commission the main laws, regulations and …” „… clause. Due to the different transpositions of the Member States (e.g. no waiting allowance is provided …”

Wolf Müller-Rostin Article 1 Scope of Application S. 1184-1187

„… State action for further harmonization and codification of certain rules governing international …” „… . While it does not have the force of law, it reveals the design and purpose of the Convention and is thus …” „… unification of private international air law through a new Convention. The Montreal Convention accordingly …”

Article 28 Unit of account S. 1065

„… provided for in this Convention, the contract of carriage is governed by the law of the State agreed by the …” „… Parties. 2. In the absence of such agreement, the law of the State with which the contract of carriage is …” „… conventions or national law may provide that in case of a nuclear incident either the operator of a nuclear …”

Peter Mankowski Article 90 CISG S. 405-406

„… , UN-Kaufrecht und Europäisches Gemeinschaftsrecht (2005); Torsello, ‘Reservations to international uniform law …” „… conventions’, Uniform Law Review 2000, 85; Wartenberg, CISG und deutsches Verbraucherschutzrecht: Das …” „… depositary for communicatory purposes. The depositary is the very person to which the Contracting States may …”

Peter Mankowski Article 40 S. 458

„… promulgating the CISG. Art. 38 has never exacted any effect since no Contracting State of the ULIS has become a …” „… Contracting State of the Limitation Convention and none of the remaining Contracting States of the ULIS have …” „… reservations or declarations. If, however, a Contracting States made a reservation not envisaged by Arts. 34 to …”

Peter Mankowski Article 39 S. 458

„… promulgating the CISG. Art. 38 has never exacted any effect since no Contracting State of the ULIS has become a …” „… Contracting State of the Limitation Convention and none of the remaining Contracting States of the ULIS have …” „… reservations or declarations. If, however, a Contracting States made a reservation not envisaged by Arts. 34 to …”

Martin Schauer, Magdalena Gruber Article 10 Recovery procedures for unchallenged claims S. 1353-1356

„… account of the individual rules in the Member States, which, inevitably, raises transaction costs for the …” „… versés’) is not a specified legal term in European Union law, which results in an uncertainty about its …” „… interpreted in the light of national law. Article 10 Recovery procedures for unchallenged claims 1. Member …”

Raimond Emde Article 7 S. 1277-1278

„… derogating. The parties may, subject to differing Member State law, enter into deviating agreements as well.2 …” „… the view taken for the Member State law, where any (economic) relationship between the initial and …” „… States have a discretionary option in transposing into national law. The national legislature may …”

Gilles Cuniberti Article 49 Entry into force S. 1409

„… 2. This Convention shall be subject to ratification, acceptance or approval by States which have …” „… signed it. 3. Any State which does not sign this Convention may accede to it at any time. 4. Ratification …” „… Organisation which is constituted by sovereign States and has competence over certain matters governed by this …”

Gilles Cuniberti Article 48 Regional Economic Integration Organisations S. 1409

„… 2. This Convention shall be subject to ratification, acceptance or approval by States which have …” „… signed it. 3. Any State which does not sign this Convention may accede to it at any time. 4. Ratification …” „… Organisation which is constituted by sovereign States and has competence over certain matters governed by this …”

Wolf Müller-Rostin Article 51 Carriage Performed in Extraordinary Circumstances S. 1242

„… requirements for air carriers were governed by national law. Article 50 obligates State Parties to …” „… place of business in a State Party or operate under the law of said State Party.1 Thus the term can also …” „… enables a State Party to require a carrier operating into its territory to furnish evidence of adequate …”

Peter Mankowski Article 98 CISG S. 414

„… simultaneously with the entry into force of this Convention in respect of the State concerned. However, a …” „… ) Any State which makes a declaration under this Convention may withdraw it at any time by a formal …” „… which the withdrawal takes effect, any reciprocal declaration made by another State under that article …”

Peter Mankowski Article 97 CISG S. 414

„… simultaneously with the entry into force of this Convention in respect of the State concerned. However, a …” „… ) Any State which makes a declaration under this Convention may withdraw it at any time by a formal …” „… which the withdrawal takes effect, any reciprocal declaration made by another State under that article …”

Peter Mankowski Article 93 CISG S. 409

„… Article 93 CISG (1) If a Contracting State has two or more territorial units in which, according to …” „… its constitution, different systems of law are applicable in relation to the matters dealt with in …” „… be notified to the depositary and are to state expressly the territorial units to which the …”

Titelei/Inhaltsverzeichnis

„… (MONTREAL CONVENTION) . . IX. 1179 Directive 86/653/EEC on the coordination of the laws of the Member States …” „… Mankowski Commercial Law BUT_Mankowski_3315-6.indd 1 30.10.18 09:21 International and European …” „… Business Law by Schulze / Lehmann Commercial Law Article-by-Article Commentary edited by Peter Mankowski …”

Sebastian Omlor Article 28 CISG S. 150-152

„… analogy to arbitral tribunals. The “own law” of an arbitral tribunal is the substantive law of the state …” „… is located in a contracting or non-contracting state.19 III. Effects Applicable law There is a …” „… ), 19 October 2006 – 6 U 113/06 = http://cisgw3.law.pace.edu/c ases/061019g2.html. 29 Achilles …”

Lisa Spagnolo Article 14 CISG S. 58-69

„… States, 9 May 2008 (http://cisgw 3.law.pace.edu/cases/080509u1.html) (‘up to 250,000 pounds’ of soy …” „… (www.unilex.info/case.cfm?id=190); OLG Frankfurt 30 August 2000, CISG-online 594 (http://cisgw3.law.pace.edu/cases/000830g1 …” „… .html); OGH 10 November 1994, (http://cisgw3.law.pace.edu/cases/941110a3.html). See also Ferrari, Art …”

Raimond Emde Article 19 S. 1299

„… the question in 2013 of whether in the event of the choice of the law of a Member State (Bulgaria …” „… indemnity claim. Ultimately, here too there is much that remains up to national law, though. A derogation of …” „… especially covers private international law contractual arrangements. A choice of law agreement between a …”

Peter Mankowski Article 100 CISG S. 416

„… regulates denounciation in a maner typical for international law. It permits every Contracting State to …” „… (3) to (6) deal with the relation between the CISG and its predecessor, the Uniform Hague Sales Law …” „… (ULIS). In principle, the CISG urges a state to decide whether it enters the CISG system wholeheartedly …”

Lisa Spagnolo Article 19 CISG S. 93-101

„… January 2012, CISG-online 651 (http://cisgw3.law.pace.edu/cases/020109g1.htm l); OLG Frankfurt 26 June …” „… July 1998, CISG-online 344 (http://cisgw3.law.pace.edu/cases/980716f1.html); AG Kehl 6 October 1995 …” „… , CISG-online 162 (http://cisgw3.law.pace.edu/cases/951006g1.html); OLG Düsseldorf 25 July 2003, CISG-online 919 …”

Eckart J. Brödermann Article 7.4.9 (Interest for failure to pay money) S. 689-692

„… the rate of interest shall be the appropriate rate fixed by the law of the State of the currency of …” „… para. 2 sentence 2 refers to ‘the law of the State of the currency of payment’ to determine the …” „… the same rate in the State of the currency of payment. In the absence of such a rate at either place …”

Peter Mankowski Article 2 CISG S. 20-23

„… . 1 CISG if the lex causae identified in the first two steps is the law of a Contracting State of the …” „… rules to the eventual result which substantive law is applicable. Third, it has to operationalize → Art …” „… auction; (c) on execution or otherwise by authority of law; (d) of stocks, shares, investment securities …”

Raimond Emde Article 16 S. 1286

„… cause for termination in the law of the Member States beyond the reasons set out in Article 16.2 …” „… Nevertheless, it remains unclear what the legal consequences should be if the Member State's law defines other …” „… autonomous law.2 Article 16 Nothing in this Directive shall affect the application of the law of the Member …”

Raimond Emde Article 20 S. 1300

„… Member States either deny the effectiveness of arbitration clauses in favor of a third country which do …” „… national law which impose other restrictions on the validity or enforceability of restraint of trade …” „… rejected by most Member States1 and was therefore not incorporated as a fourth requirement for …”

Peter Mankowski Article 38 S. 457

„… reservation declared by either of these States and apply the domestic law accordingly.2 Article 37*, ** This …” „… mirrors Art. 95 CISG. It relates to Art. 3 (1) (b). Two Contracting States have made use of the …” „… reservation, namely the Czech Republic and the USA.1 Hence, before the courts of these two States the …”

Peter Mankowski Article 37 S. 457

„… reservation declared by either of these States and apply the domestic law accordingly.2 Article 37*, ** This …” „… mirrors Art. 95 CISG. It relates to Art. 3 (1) (b). Two Contracting States have made use of the …” „… reservation, namely the Czech Republic and the USA.1 Hence, before the courts of these two States the …”

Peter Mankowski Article 2 S. 425-426

„… way as parties organised in forms provided by private law.18 The notion of public entities extends …” „… beyond governmental agencies to the State as such, without addressing the issue of immunity.19 (3) (g …” „… part of an ambition to go beyond the West to States not adhering to the Gregorian calendar. (3) (h …”

Martin Schauer, Magdalena Gruber Article 3 Transactions between undertakings S. 1321-1333

„… due Member States had different appreciations in national law as to what is deemed to be a timely …” „… execution. Article 3 Transactions between undertakings 1. Member States shall ensure that, in commercial …” „… debtor is not responsible for the delay. 2. Member States shall ensure that the applicable reference rate …”

Martin Schauer, Magdalena Gruber Article 7 Unfair contractual terms and practices S. 1342-1349

„… many cases incur very little cost. Member States can provide for fixed sums as compensation of recovery …” „… amounts in order to keep pace with inflation.13 Accordingly, Member States may also define ceilings for …” „… States shall provide that a contractual term or a practice relating to the date or period for payment …”

Erik Evtimov, Tetyana Payosova Article 1 Scope S. 1084-1086

„… respective national law. Any State which is a party to a convention concerning international through carriage …” „… departure and the place of destination are situated in two different Member States, irrespective of the …” „… located in different COTIF Member States (however, see also Article 1 § 5 below). A number of derogations …”

Peter Csoklich Article 2 S. 906-909

„… . Whereas the Dutch Hoge Rat23 applied the law of the state of the port of departure, the opinion under …” „… prescribed by law for the carriage of goods by that means of transport. If, however, there are no such …” „… multi-modal transport contracts have to be judged under the applicable national law. Only the Rotterdam Rules …”

Eckart J. Brödermann Article 6.1.13 (Imputation of non-monetary obligations) S. 615

„… 6.1.14 (Application for public permission) Where the law of a State requires a public permission …” „… as a change of control) it may be recommendable to explicitly state in the more recent contract …” „… and the written law or the jurisprudence in the jurisdictions where this issue is discussed.5 Article …”

Wolf Müller-Rostin Article 24 Review of Limits S. 1222

„… States which are not Members of the International Monetary Fund and whose law does not permit the …” „… the law of the State concerned. 3. The calculation mentioned in the last sentence of paragraph I of …” „… the Special Drawing Right, of a State Party which is a Member of the International Monetary Fund …”

Peter Mankowski Article 84 CISG S. 388-391

„… law declared to be applicable by the private international law of the forum state.11 To resort …” „… for the rate of interest for the law of the state the currency of which is the one of the price.14 The …” „… Contracting States could not agree on the rate of interest.10 That rate is to be determined according to the …”

Eckart J. Brödermann Article 6.1.14 (Application for public permission) S. 615-616

„… 6.1.14 (Application for public permission) Where the law of a State requires a public permission …” „… as a change of control) it may be recommendable to explicitly state in the more recent contract …” „… and the written law or the jurisprudence in the jurisdictions where this issue is discussed.5 Article …”

Raimond Emde Article 13 S. 1283

„… observed in the course of implementation into national law. Apart from this, the Member States are free to …” „… conflict with the internal provisions of Member States which recognize the right of a commercial agent to …” „… draft the relevant law as regards the form of the information or the extract from the books or the legal …”

Lisa Spagnolo Article 16 CISG S. 74-78

„… ’ in J. Herbots and R. Blanpain (eds), International Encyclopaedia of Laws – Contracts (Kluwer Law …” „… However, offers can also end by operation of law and the passage of time. An offer which sets a …” „… determined by the applicable domestic law rather.36 Article 16 CISG (1) Until a contract is concluded an …”

Erik Evtimov, Tatyana Payosova Article 47 Extinction of right of action S. 1174

„… agreements between States or in concessions. The criteria concerning the applicable law, of letters a) and b …” „… ” (“Zweigniederlassung oder Geschäftsstelle”) correspond to the criteria concerning applicable law used in Article 5, No …” „… case brought in front of the court in the COTIF Member State will be assessed based on the CIM UR …”

Peter Mankowski Article 21 S. 446

„… uniform law, Art. 21 is to be applied only with extreme caution and very reluctantly. It ought to be …” „… reserved for extreme cases.2 Regularly, States offer their court systems to “customers” looking for justice …” „… . Yet this may not happen in the event of a war,3 a civil war, a regional riot, a State becoming a …”

Peter Mankowski Article 1 S. 422-424

„… (which might not be trite for such Contracting States whose national law does not regularly allow for …” „… PREAMBLE The States Parties to the present Convention, Considering that international trade is an …” „… important factor in the promotion of friendly relations amongst States, Believing that the adoption of …”

Marco Torsello Article 30 CISG S. 156-162

„… September 2008 – 11 07 4 = http://cisgw3.law.pace.edu/cases/0 80912s1.html. 30 Gruber, ‘Art. 29 CISG’, in …” „… translation available at: http://cisgw3.law.pace.edu/cases/08071 5sb.html. 7 On the seller’s burden of proof …” „… ), September 2000 (date unknown), English translation available at: http://cisgw3.law.pace.edu/cases/060900c4 …”

Stefan Kröll Article 4 Credits v. Contracts S. 1430-1432

„… ) (re-)states some of the most important aspects of this independence and the legal consequences following …” „… which states that the banks under letters of credit are only concerned with the documents but not the …” „… , it is anyway the applicable national law which forms the legal basis for the independence doctrine …”

Raimond Emde Article 1 S. 1265

„… Directive shall apply to the laws, regulations and administrative provisions of the Member States governing …” „… non-application of European indemnity law by a foreign court is certain.179 Should actual certainty about the …” „… country law economically compensates for the missing indemnity claim, for example by higher commissions …”

Gilles Cuniberti Article 8 Remedies of chargee S. 1374

„… , but there is no need to state an exact or a maximum sum. There is no requirement that the secured …” „… interests in different States, or that the object be located in a different State, unless the Contracting …” „… State where all parties are based and the object was located has declared that it would not apply the …”

Erik Evtimov, Tatyana Payosova Article 8 Responsibility for particulars entered on the consignment note S. 1140

„… is prohibited by public order or mandatory provisions of the national law of the State in question …” „… ) law by the parties to the contract of international carriage of goods, which is especially important …” „… in case the court proceedings are taking place in the States which are not Member States of OTIF …”

Christoph Brunner, Michael Schifferli Article 35 CISG S. 190-196

„… relationships in that State, courts have assumed that the seller should have known about the public law …” „… (defects in title) or 42 (IP rights), for instance public law regulations,17 or compliance with …” „… . 33; Cesare M. Bianca, ‘Art. 35’, Commentary on the international sales law: The 1980 Vienna Sales …”

Petra Butler Introduction to Articles 45–65 CISG S. 232-237

„… accordance with Article 7 instead of resorting to domestic law. The CISG Advisory Council states that …” „… . 4 See Barbara Berry SA de CV v Ken M Spooner Farms Inc (9th Cir) (8 Nov 2007) http://cisgw3.law.pace …” „… .34 However, in systems where the law does not have to be pleaded, courts will ex offico take into …”

Tobias Eckardt Article 23 S. 951-954

„… to the law of the State concerned. (9) The calculation mentioned in the last sentence of paragraph 7 …” „… in paragraph 3 of this article shall be converted into the national currency of the State of the …” „… Right, of a State which is a member of the International Monetary Fund, shall be calculated in …”

Gilles Cuniberti Article 12 Additional remedies S. 1379

„… for their exercise. The applicable law(s) may provide a variety of additional remedies. Pre-judgment …” „… Article 12 Additional remedies Any additional remedies permitted by the applicable law, including …” „… Convention supplement rather than replace the remedies which might be available under the applicable law. The …”

Raimond Emde Article 6 S. 1275-1276

„… legal romanticism. Private international law affords the parties some options to influence the …” „… applicable substantive law3 – but evasive transactions are not to be recognized. The survival of the contract …” „… provisions of the Member States concerning the level of remuneration, a commercial agent shall be entitled to …”

Eckart J. Brödermann Article 9.1.2 (Exclusions) S. 718

„… provide uniform international treaty law which member states are obliged to apply as a matter of public …” „… arbitration and state court proceedings). (iii) To the extent that the domestic law permits ‘normal …” „… international law).5 (ii) Further, the applicable private international law of the court (→ Art. 1.11 1st hyphen …”

Wolf Müller-Rostin Article 32 Death of Person Liable S. 1230

„… not required.6 The notice should clearly state the damages for which the carrier is sought to be held …” „… estate. This provision confirms the existing theory and practice under both civil and common law …” „… damages must be brought, at the option of the plaintiff, in the territory of one of the States Parties …”

Stefan Kröll Article 16 Discrepant Documents, Waiver and Notice S. 1457-1463

„… honour or negotiate, it must give a single notice to that effect to the presenter. The notice must state …” „… . As becomes clear from the wording (“must give/must state”) the requirements are mandatory. A timely …” „… Under Sub-Article 16 (c) (iii) (b)’, 2016 Annual Review of International Banking Law and Practice, 53 et …”

Gilles Cuniberti Article 3 Sphere of application S. 1370

„… 4. The applicable law determines whether an interest to which paragraph 2 applies falls within …” „… applicable national law, but it allows all three categories of creditors to constitute an international …” „… by reference to the applicable national law. This is subject to any autonomous definition provided by …”

Raimond Emde Article 14 S. 1284

„… The requirement laid down in Article 13 para. 1 for Member States to implement a nonwaivable right …” „… substantially to the parallel regulation already introduced in 1953 under German law in Section 85 HGB and which …” „… the structure of rights and obligations may arise.1 Article 13 para. 2 gives Member States the option …”

Erik Evtimov, Tatyana Payosova Article 3 Definitions S. 1132

„… ing this special regulation (i.e. COTIF) ceases to be in force in respect of the State in question …” „… . Article 2 Prescriptions of public law Carriage to which these Uniform Rules apply shall remain subject to …” „… the prescriptions of public law, in particular the prescriptions relating to the carriage of dangerous …”

Erik Evtimov, Tatyana Payosova Article 2 Prescriptions of public law S. 1132

„… ing this special regulation (i.e. COTIF) ceases to be in force in respect of the State in question …” „… . Article 2 Prescriptions of public law Carriage to which these Uniform Rules apply shall remain subject to …” „… the prescriptions of public law, in particular the prescriptions relating to the carriage of dangerous …”

Raimond Emde Article 15 S. 1284-1285

„… The requirement laid down in Article 13 para. 1 for Member States to implement a nonwaivable right …” „… substantially to the parallel regulation already introduced in 1953 under German law in Section 85 HGB and which …” „… the structure of rights and obligations may arise.1 Article 13 para. 2 gives Member States the option …”

Klaus Ramming Article 11 Nature and content S. 1022-1026

„… law of the State where the transport document was issued. 3. The transport document shall be prima …” „… under CMNI may also be issued in electronic form. However, CMNI in so far refers to the law of the state …” „… not prohibited by the law of the state where the transport document was issued. It is submitted that …”

Raimond Emde Article 18 S. 1296-1298

„… indemnity or to compensation for damage is to be configured as inheritable in the law of the Member States …” „… in accordance with the law of the Member States. Nevertheless, even here the evaluation of the …” „… agent which would justify immediate termination of the agency contract under national law; 1 Semler …”

Klaus Ramming Article 7 Dangerous and polluting goods S. 1013-1015

„… ble to the contract of carriage (Article 29.1 through 29.3).4 Under Dutch law, the consignee is …” „… responsible for discharging the goods,5 whilst under German law this would remain the shipper’s duty (who may …” „… neither subject the national law otherwise applicable to the contract of carriage. As a result, only …”

Gilles Cuniberti Article 44 Jurisdiction to make orders against the Registrar S. 1406

„… debtor. Where the debtor will be domiciled in the European Union, the Member States ought to follow the …” „… court of the place of the object) will only be available in the courts of the Member States where the …” „… court agreement by the parties, the law of the forum will determine whether the jurisdiction on the …”

Gilles Cuniberti Article 14 Procedural requirements S. 1381

„… conformity with the procedure prescribed by the law of the place where the remedy is to be exercised …” „… remedies and local procedural law: A civil law study’ (2015) 4 Cape Town Convention Journal 17. The scope …” „… restriction in the language of the provision, which does not provide for the application of the law of the …”

Wolf Müller-Rostin Article 17 Death and Injury of Passengers – Damage to Baggage S. 1198-1205

„… instrument under national law in the same way as a bill of lading in maritime practice. Furthermore, thanks …” „… . In the case Air France v Saks1 the Supreme Court of the United States conducted a thorough analysis …” „… Plonka v US Airways No. 13-7560, 37 Avi Law Rep (CCH) 37. 308 (ED Pa 2015): ‘it is the cause of the …”

Peter Mankowski Article 36bis (Article XII of the Protocol) S. 456

„… application of such national law. None of the Contracting States have declared a reservation under Art. 35 yet …” „… parties have their places of business in those States. (3) If a State which is the object of a declaration …” „… under paragraph 2 of this article subsequently becomes a Contracting State, the declaration made shall …”

Peter Mankowski Article 36 S. 456

„… application of such national law. None of the Contracting States have declared a reservation under Art. 35 yet …” „… parties have their places of business in those States. (3) If a State which is the object of a declaration …” „… under paragraph 2 of this article subsequently becomes a Contracting State, the declaration made shall …”

Peter Mankowski Article 35 S. 456

„… application of such national law. None of the Contracting States have declared a reservation under Art. 35 yet …” „… parties have their places of business in those States. (3) If a State which is the object of a declaration …” „… under paragraph 2 of this article subsequently becomes a Contracting State, the declaration made shall …”

Erik Evtimov, Tatyana Payosova Article 4 Derogations S. 1133

„… national law. However, not all Member States have such a requirement. Article 4 Derogations Member States …” „… letter (a) states that the term “carrier” always refers the contractual carrier, including successive …” „… auxiliaries in the sense of → Art. 40 of the CIM UR. The expression “legally in force in each Member State” in …”

Gilles Cuniberti Article 42 Choice of forum S. 1403

„… parties have chosen the court of a Contracting State. In cases where the parties have not made such choice …” „… rules of jurisdiction, including, as the case may be, regional rules such as the European law of …” „… jurisdiction.2 Article 42 Choice of forum 1. Subject to Articles 43 and 44, the courts of a Contracting State …”

Gilles Cuniberti Article 41 Sale and prospective sale S. 1403

„… parties have chosen the court of a Contracting State. In cases where the parties have not made such choice …” „… rules of jurisdiction, including, as the case may be, regional rules such as the European law of …” „… jurisdiction.2 Article 42 Choice of forum 1. Subject to Articles 43 and 44, the courts of a Contracting State …”

Gilles Cuniberti Article 10 Remedies of conditional seller or lessor S. 1375-1377

„… Convention Gilles Cuniberti 1375 (a) subject to any declaration that may be made by a Contracting State under …” „… Transactions’ (2015) 40 Air & Space Law 377; Rosen, ‘Public service and the Cape Town Convention’, (2013) 2 …” „… one or the other. Such characterization is made pursuant to the applicable law, subject to any …”

Tobias Eckardt Article 39 S. 981-983

„… underlying national law and the procedural rules of the forum state. Art. 37 lit. c CMR Lit. c acts as a …” „… aspects are proven is to be determined according to the applicable procedural law of the relevant forum …” „… state.4 According to Art. 39 para. 1 CMR the carrier against whom recourse is taken, is estopped from …”

Peter Mankowski Article 30 S. 453

„… certain State.2 Creditors and claimants cannot avail themselves of the fact that in a certain State a …” „… State where that day is neither a holiday nor a dies non iuridicus.3 In this other State, nothing but …” „… Contracting State shall have effect for the purposes of this Convention in another Contracting State, provided …”

Peter Mankowski Article 94 CISG S. 410

„… Article 94 CISG (1) Two or more Contracting States which have the same or closely related legal …” „… States. Such declarations may be made jointly or by reciprocal unilateral declarations. (2) A Contracting …” „… State which has the same or closely related legal rules on matters governed by this Convention as one or …”

Klaus Ramming Article 24 Limitation of actions S. 1056-1060

„… declarations. 3. The suspension and interruption of the limitation period are governed by the law of the State …” „… period if the law of the state where proceedings are instituted provides so. The proceedings referred to …” „… otherwise applicable (see → Art. 29). The national law’s principles on limitations of actions are only …”

Tobias Eckardt Article 31 S. 968-971

„… left to the judicial authorities to assess the consequences within the scope of their national law.53 …” „… shall also become enforceable in each of the other contracting States, as soon as the formalities …” „… tribunals of the contracting states as well as certain non-contracting countries. Para. 2 sets rules for lis …”

Eckart J. Brödermann Article 2.2.1 (Scope of the Section) S. 525

„… to the otherwise applicable law4 (including e.g. in the EU member states national law based on the …” „… Council Directive 86/653/EEC on the co-ordination of laws of the Member States relating to self-employed …” „… authority conferred by law or the authority of an agent appointed by a public or judicial authority. A …”

Article 34 Entry into force S. 1071

„… later stage, that the error in navigation defence applies by law, i.e. irrespective of an agreement …” „… 25.2 (a) and not to the further defences of Article 25.2 (b) and (c). The respective contracting state …” „… states if both of them have filed a declaration in accordance with Article 32.1. The further provisions …”

Article 33 Signature, ratification, acceptance, approval, accession S. 1071

„… later stage, that the error in navigation defence applies by law, i.e. irrespective of an agreement …” „… 25.2 (a) and not to the further defences of Article 25.2 (b) and (c). The respective contracting state …” „… states if both of them have filed a declaration in accordance with Article 32.1. The further provisions …”

Wolf Müller-Rostin Article 38 Combined Carriage S. 1236

„… action can only be based on the relevant national law, and where such national law excludes contribution …” „… or even full recourse against a third negligent party, as is the case in many states of the United …” „… States,1 it is hard to envision how Article 37 can overcome such a legal barrier. Chapter IV Combined …”

Erik Evtimov, Tatyana Payosova Article 39 Liability in case of nuclear incidents S. 1169

„… over from Article 49 of the CIM UR 1980 with reference to the national law of the State applicable to …” „… prescriptions of a State governing liability in the field of nuclear energy. The wording of Article 39 was taken …” „… according to the national law. Thus, even where the damage is caused by the infrastructure manager, it is …”

Erik Evtimov, Tatyana Payosova Article 40 Persons for whom the carrier is liable S. 1169

„… over from Article 49 of the CIM UR 1980 with reference to the national law of the State applicable to …” „… prescriptions of a State governing liability in the field of nuclear energy. The wording of Article 39 was taken …” „… according to the national law. Thus, even where the damage is caused by the infrastructure manager, it is …”

Martin Schauer, Magdalena Gruber Article 15 Addressees S. 1362

„… national law of one Member State (transposing the Directive) can be agreed upon.1 The provisions of the …” „… Article 15 Addressees This Directive is addressed to the Member States. The Directive is addressed …” „… to the Member States and applicable only in those States; nonetheless, under certain circumstances …”

Peter Mankowski Article 4 S. 429-430

„… contract” might exclude both Conventions.13 Choosing the law of a non- Contracting State as the law …” „… governing the contract amounts to an exclusion14 whereas the mere choice of the law of a Contracting State …” „… rate instruments.12 On the other hand, anything like “The Uniform Sales Law does not apply to this …”

Wolf Müller-Rostin Article 2 Carriage Performed by State and Carriage of Postal Items S. 1188

„… single ticket.12 A number of States Parties extend the provisions of the Convention to also encompass …” „… domestic carriage, for instance the EU Member States by virtue of Regulation (EC) No. 2027/97 as amended by …” „… Community air carriers. Article 2 Carriage Performed by State and Carriage of Postal Items 1. This …”

Raimond Emde Article 4 S. 1272-1273

„… principle of EU law, it prescribes a minimum standard of lawful conduct. The practical need results from the …” „… faith has developed that is detached from national laws.2 What the ECJ case law provides on the content …” „… the case law”.1 Good faith is crucial for the model of the commercial agency contract. As a general …”

Martin Schauer, Magdalena Gruber Article 8 Transparency and awareness raising S. 1350

„… States shall ensure transparency regarding the rights and obligations stemming from this Directive …” „… which apply in all the Member States in the event of late payment in commercial transactions. 3. Member …” „… States shall, where appropriate, use professional publications, promotion campaigns or any other …”

Gilles Cuniberti Article 51 Future Protocols S. 1410

„… Article 50 Internal transactions 1. A Contracting State may, at the time of ratification …” „… transaction which is an internal transaction in relation to that State with regard to all types of objects or …” „… applicable law. Declarations made under Art 50(1) trigger the registrability of national interests which, by …”

Gilles Cuniberti Article 50 Internal transactions S. 1410

„… Article 50 Internal transactions 1. A Contracting State may, at the time of ratification …” „… transaction which is an internal transaction in relation to that State with regard to all types of objects or …” „… applicable law. Declarations made under Art 50(1) trigger the registrability of national interests which, by …”

Martin Schauer, Magdalena Gruber Article 11 Report S. 1357

„… Regulation.27 Moreover, the Directive only stipulates non-mandatory provisions of law, which the parties to …” „… the Implementation of the Directive in the Member States. The report was published on 26 August 2016 …” „… creditor; see, for instance, → Art 3 no. 34). Moreover, Member States under economic adjustment programmes …”

Raimond Emde Article 12 S. 1282

„… may not be constrained by restrictive Member State regulations. The principal is therefore responsible …” „… separate contractual restitution claim in favor of the principal. Therefore, the respective Member State …” „… particularities of the law of unjust enrichment do not apply to its implementation into national law. The separate …”

Raimond Emde Article 11 S. 1282

„… may not be constrained by restrictive Member State regulations. The principal is therefore responsible …” „… separate contractual restitution claim in favor of the principal. Therefore, the respective Member State …” „… particularities of the law of unjust enrichment do not apply to its implementation into national law. The separate …”

Christoph Oertel IV. INCOTERMS® 2010 S. 828-897

„… law applicable to the contract of sales. Many laws, including CISG, may provide for justification, but …” „… , ‘Application of FOB and CIF Sales in Common Law Countries’ [1981] European Transport Law 50, 51-52; D. M …” „… international treaty. Their application does not require that the parties are related to a state that has …”

Eckart J. Brödermann Article 7.2.4 (Judicial penalty) S. 653-654

„… Schwenzer European Journal of Law Reform 1999, 289, 301. 13 Vogenauer/Schelhaas Art. 7.2.3 no. 3. 14 …” „… be paid to the aggrieved party unless mandatory provisions of the law of the forum provide otherwise …” „… policy if a judicial penalty is paid to the other contract party12 (and not to the state).13 Pursuant to …”

Gilles Cuniberti Article 29 Priority of competing interests S. 1389-1390

„… ’, (2007) 12 Uniform Law Review 559. Chapter VIII Effects of an international interest as against third …” „… an object, held prior to its installation on an object if under the applicable law those rights …” „… than an object, which has previously been installed on an object where under the applicable law those …”

Peter Mankowski Article 19 S. 444

„… , other than the acts described in Articles 13, 14, 15 and 16, which under the law of that State has the …” „… procedural law, a Streitverkündung). Art. 18 (2) facilitates life for the buyer and obliges the buyer only to …” „… its alleged claim by way of set-off.6 Article 19 Where the creditor performs, in the State in which …”

Wolf Müller-Rostin Article 3 Passengers and Baggage S. 1188-1189

„… single ticket.12 A number of States Parties extend the provisions of the Convention to also encompass …” „… domestic carriage, for instance the EU Member States by virtue of Regulation (EC) No. 2027/97 as amended by …” „… Community air carriers. Article 2 Carriage Performed by State and Carriage of Postal Items 1. This …”

Peter Mankowski Article 8 CISG S. 42-46

„… . Neither are there special conflict rules for uniform sales law cases,43 nor does a direct recourse to the …” „… substantive law of the lex fori prevail.44 The most prominent external gap is prescription and limitation.45 …” „… employs a different technique.46 The proper way to fill the gap is (1) for courts in Contracting States of …”

Peter Mankowski Article 9 CISG S. 47-50

„… dealings with each other. Usages and practices must both in turn be distinguished from customary law or any …” „… concept of “usage” is an autonomous concept2 independent from any preconceived notions of domestic law.3 …” „… Contracts for the International Sale of Goods’, 25 Journal of Law and Commerce 107, 111 (2005). Chapter II …”

Wolf Müller-Rostin Article 50 Insurance S. 1241

„… down by this Convention, whether by deciding the law to be applied, or by altering the rules as to …” „… order to resolve the dispute. Article 50 Insurance States Parties shall require their carriers to …” „… the State Party into which it operates to furnish evidence that it maintains adequate insurance …”

Wolf Müller-Rostin Article 49 Mandatory Application S. 1241

„… down by this Convention, whether by deciding the law to be applied, or by altering the rules as to …” „… order to resolve the dispute. Article 50 Insurance States Parties shall require their carriers to …” „… the State Party into which it operates to furnish evidence that it maintains adequate insurance …”

Wolf Müller-Rostin Article 48 Mutual Relations of Contracting and Actual Carriers S. 1241

„… down by this Convention, whether by deciding the law to be applied, or by altering the rules as to …” „… order to resolve the dispute. Article 50 Insurance States Parties shall require their carriers to …” „… the State Party into which it operates to furnish evidence that it maintains adequate insurance …”

Gilles Cuniberti Article 17 The Supervisory Authority and the Registrar S. 1382

„… of non judicial remedies in the laws of the relevant States. Art 14 does not indirectly reintroduce …” „… the prohibition. By definition, the law of the place of the remedy will be silent on the applicable …” „… subrogations under the applicable law; (d) notices of national interests; and (e) subordinations of interests …”

Gilles Cuniberti Article 16 The International Registry S. 1382

„… of non judicial remedies in the laws of the relevant States. Art 14 does not indirectly reintroduce …” „… the prohibition. By definition, the law of the place of the remedy will be silent on the applicable …” „… subrogations under the applicable law; (d) notices of national interests; and (e) subordinations of interests …”

Gilles Cuniberti Article 15 Derogation S. 1382

„… of non judicial remedies in the laws of the relevant States. Art 14 does not indirectly reintroduce …” „… the prohibition. By definition, the law of the place of the remedy will be silent on the applicable …” „… subrogations under the applicable law; (d) notices of national interests; and (e) subordinations of interests …”

Eckart J. Brödermann Article 11.1.8 (Effect of judgment) S. 800-801

„… initiate legal proceedings against only one obligor to save costs (e.g. an increase of arbitration or state …” „… case para.1 clarifies that the arbitration award or state court judgement does not affect (i) the …” „… on such law suit,10 subject to a possible defence under para. 2 in case of a law suit against the …”

Gilles Cuniberti Article 57 Subsequent declarations S. 1413

„… Article 57 Subsequent declarations 1. A State Party may make a subsequent declaration, other than a …” „… Withdrawal of declarations 1. Any State Party having made a declaration under this Convention, other than a …” „… 1. Any State Party may denounce this Convention by notification in writing to the Depositary. 2. Any …”

Gilles Cuniberti Article 60 Transitional provisions S. 1413

„… Article 57 Subsequent declarations 1. A State Party may make a subsequent declaration, other than a …” „… Withdrawal of declarations 1. Any State Party having made a declaration under this Convention, other than a …” „… 1. Any State Party may denounce this Convention by notification in writing to the Depositary. 2. Any …”

Gilles Cuniberti Article 59 Denunciations S. 1413

„… Article 57 Subsequent declarations 1. A State Party may make a subsequent declaration, other than a …” „… Withdrawal of declarations 1. Any State Party having made a declaration under this Convention, other than a …” „… 1. Any State Party may denounce this Convention by notification in writing to the Depositary. 2. Any …”

Gilles Cuniberti Article 58 Withdrawal of declarations S. 1413

„… Article 57 Subsequent declarations 1. A State Party may make a subsequent declaration, other than a …” „… Withdrawal of declarations 1. Any State Party having made a declaration under this Convention, other than a …” „… 1. Any State Party may denounce this Convention by notification in writing to the Depositary. 2. Any …”

Erik Evtimov, Tatyana Payosova Article 5 Mandatory law S. 1134

„… inform the Member States and interested undertakings of these notifications. Article 4 § 3 clarifies the …” „… inform the Member States and interested undertakings of such derogations in reliance that notified …” „… the identical provision contained in the CIV UR (see Article 4 § 4 CIV UR). Article 5 Mandatory law …”

Peter Mankowski Article 25 S. 449

„… invocation are governed by the respective lex fori processus.3 This law also decides whether the defence can …” „… drop his defence by simply not raising and invoking it. Insofar as a State regards limitation as a …” „… State to make a declaration with the aim of suspending Art. 24.5 Article 25 (1) Subject to the …”

Eckart J. Brödermann Article 4.7 (Linguistic discrepancies) S. 568

„… an expression of the modern lex mercatoria (→ Preamble, para. 3) and in line with Roman law,1 Art …” „… Vogenauer/Vogenauer Art. 4.6 no. 1 note 221 (referring to Celsus, Digest 34, 5, 26 who states: “ambiguitas contra …” „… stipulatorem est”). 2 E.g. German and Italian law, Vogenauer/Vogenauer Art. 4.6 no. 6 and note 235. 3 See for …”

Eckart J. Brödermann Article 4.6 (Contra proferentem rule) S. 568

„… an expression of the modern lex mercatoria (→ Preamble, para. 3) and in line with Roman law,1 Art …” „… Vogenauer/Vogenauer Art. 4.6 no. 1 note 221 (referring to Celsus, Digest 34, 5, 26 who states: “ambiguitas contra …” „… stipulatorem est”). 2 E.g. German and Italian law, Vogenauer/Vogenauer Art. 4.6 no. 6 and note 235. 3 See for …”

Martin Schauer, Magdalena Gruber Article 6 Compensation for recovery costs S. 1340-1341

„… lawyer is employed.6 This is due to the German transposition law,7 which has to be regarded as …” „… 6 Compensation for recovery costs 1. Member States shall ensure that, where interest for late …” „… entitled to obtain from the debtor, as a minimum, a fixed sum of EUR 40. 2. Member States shall ensure that …”

Stefan Kröll Article 13 Bank-to-Bank Reimbursement Arrangements S. 1449-1450

„… credit states that reimbursement is to be obtained by a nominated bank (claiming bank) claiming on …” „… another party (reimbursing bank), the credit must state if the reimbursement is subject to the ICC rules …” „… not state that reimbursement is subject to the ICC rules for bankto-bank reimbursements, the following …”

Eckart J. Brödermann Article 4.8 (Supplying an omitted term) S. 569-570

„… applicable procedural law). In case of reference to a multi-lingual document like the Incoterms …” „… analogy the principle in Art. 33(4) of the Vienna Convention on the Law of Treaties7 which refers to “the …” „… practice in a state contract negotiated with an Arabic State). 2 Also: Vogenauer/Vogenauer Art. 4.7 no. 3 …”

Christoph Brunner, Michael Schifferli Article 43 CISG S. 226-228

„… the state in question had been contemplated for use of the goods. The seller must prove that the …” „… parties contemplated a different state of use than the one relied on by the buyer. If the buyer solely …” „… or claim.1 Art. 43 merely states an incumbency of the buyer, not a contractual duty. Consequently …”

Tim W. Dornis Article 66 CISG S. 298-302

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3. Handing-over approach; comparative law …” „… , e.g., P. M. Roth, ‘The Passing of Risk’, 27 American Journal of Comparative Law 291, 291, 296, and 299 …” „… on the International Sales Law (Giuffrè 1987) (on policies underlying specific rules on passing of …”

Martin Schauer, Magdalena Gruber Article 4 Transactions between undertakings and public authorities S. 1334-1338

„… interpreted restrictively; European Union law demands an autonomous interpretation of the Directive, and any …” „… contract, is governed by Article 3 (5) too. Article 3 (5) states that payment periods fixed in the contract …” „… Transactions between undertakings and public authorities 1. Member States shall ensure that, in commercial …”

Erik Evtimov, Tetyana Payosova Article 4 Derogations S. 1088

„… conditions or tariffs legally in force in each Member State and which have become, by the conclusion of the …” „… with Article 40 of the CIM UR). Article 4 Derogations The Member States may conclude agreements which …” „… be agreed upon in agreements between the COTIF Member States. For instance, the Channel Agreement of …”

Erik Evtimov, Tetyana Payosova Article 3 Definitions S. 1088

„… conditions or tariffs legally in force in each Member State and which have become, by the conclusion of the …” „… with Article 40 of the CIM UR). Article 4 Derogations The Member States may conclude agreements which …” „… be agreed upon in agreements between the COTIF Member States. For instance, the Channel Agreement of …”

Klaus Ramming Article 3 Taking over, carriage and delivery of the goods S. 1003-1006

„… remain subject to maritime law. However, whether the relevant document is a maritime Bill of Lading …” „… , the relevant maritime law prevails. If the distance to be covered on inland waterways is the …” „… contract of carriage, the distance over maritime waters is the greater, maritime law applies and not CMNI …”

Christoph Brunner, Michael Schifferli Article 44 CISG S. 229-231

„… delivery of substitute goods. 1 Cesare M. Bianca, ‘Art 35’, Commentary on the international sales law: The …” „… communication, etc.) in the buyer’s state or delays caused by inefficient or corrupt government authorities …” „… notification duty (especially if there is no comparable duty under his national law)10 or his understandable …”

Eckart J. Brödermann Article 1.1 (Freedom of contract) S. 484

„… contract partner why a certain clause, deviating from the otherwise agreed national law, should be …” „… law by agreeing that the national law shall be interpreted by an international arbitration tribunal …” „… her own national law. Chapter 1 General Provisions Article 1.1 (Freedom of contract) The parties are …”

Gilles Cuniberti Article 62 Depositary and its functions S. 1415

„… accession shall be deposited with the International Institute for the Unification of Private Law (UNIDROIT …” „… ), which is hereby designated the Depositary. 2. The Depositary shall: (a) inform all Contracting States of …” „… certified true copies of this Convention to all Contracting States; (c) provide the Supervisory Authority …”

Petra Butler Article 51 CISG S. 269-273

„… sentence)). 1. 1 Peter Schlechtriem/Petra Butler, UN Law on International Sales (Springer, Heidelberg 2009 …” „… decided to expressly state the availability of avoidance due to partial non-performance in Article …” „… , para. 1. 3 Peter Schlechtriem/Petra Butler, UN Law on International Sales (Springer, Heidelberg 2009 …”

Tim W. Dornis Article 69 CISG S. 312-316

„… claimed and proven by the buyer.23 Yet, the forum state’s procedural doctrine may provide for an ancillary …” „… & Michael J. Bonell, Commentary on the International Sales Law (Giuffrè 1987); Harry M. Flechtner, ‘Article …” „… 68’ para. 372.2, in John O. Honnold, Uniform Law for International Sales under the 1980 United …”

Stefan Kröll Article 6 Availability, Expiry Date and Place for Presentation S. 1433-1435

„… Availability, Expiry Date and Place for Presentation a. A credit must state the bank with which it is available …” „… with the issuing bank. b. A credit must state whether it is available by sight payment, deferred …” „… applicant. d. i. A credit must state an expiry date for presentation. An expiry date stated for honour or …”

Peter Mankowski Article 14 S. 440

„… The law of the court possibly seised is to determine which requirements the claimant has to fulfil …” „… . Furthermore, the said law is to ascertain the point of time as to which proceedings are deemed pending and the …” „… for in the arbitration agreement or by the law applicable to such proceedings. (2) In the absence of …”

Eckart J. Brödermann Article 1.2 (No form required) S. 485

„… . Limits The limits to the freedom of contract deriving from mandatory law (→ Art. 1.4) or mandatory …” „… Art. 1.2 (inspired inter alia by Art. 11 CISG)1 states freedom from form as a fundamental principle of …” „… no. 15-16), it is possible that domestically mandatory law imposes a certain form.5 Further, as the …”

Gilles Cuniberti Article 47 Signature, ratification, acceptance, approval or accession S. 1408

„… accession 1. This Convention shall be open for signature in Cape Town on 16 November 2001 by States …” „… open to all States for signature at the Headquarters of the International Institute for the Unification …” „… of Private Law (UNIDROIT) in Rome until it enters into force in accordance with Article 49. 1 …”

Gilles Cuniberti Article 46 Relationship with the UNIDROIT Convention on International Financial Leasing S. 1408

„… accession 1. This Convention shall be open for signature in Cape Town on 16 November 2001 by States …” „… open to all States for signature at the Headquarters of the International Institute for the Unification …” „… of Private Law (UNIDROIT) in Rome until it enters into force in accordance with Article 49. 1 …”

Gilles Cuniberti Article 45 bisRelationship with the United Nations Convention on the Assignment of Receivables in International Trade S. 1408

„… accession 1. This Convention shall be open for signature in Cape Town on 16 November 2001 by States …” „… open to all States for signature at the Headquarters of the International Institute for the Unification …” „… of Private Law (UNIDROIT) in Rome until it enters into force in accordance with Article 49. 1 …”

Martin Schauer, Magdalena Gruber Article 14 Entry into force S. 1361

„… , without prejudice to the obligations of the Member States relating to the time limit for its transposition …” „… into national law and its application. However, it shall remain applicable to contracts concluded …” „… Recast Directive should also be without prejudice to the obligations of the Member States relating to the …”

Martin Schauer, Magdalena Gruber Article 13 Repeal S. 1361

„… , without prejudice to the obligations of the Member States relating to the time limit for its transposition …” „… into national law and its application. However, it shall remain applicable to contracts concluded …” „… Recast Directive should also be without prejudice to the obligations of the Member States relating to the …”

Eckart J. Brödermann Article 3.3.1 (Contracts infringing mandatory rules) S. 558-559

„… arbitration law stepping in to limit this freedom (because, for example, all arbitration laws based on the …” „… the consequences of applying mandatory law pursuant to Art. 1.4. Arts. 3.3.1–3.3.2 apply only if and …” „… to the extent that Art. 1.4 leads to the application of mandatory law1 whereby Art. 1.4 in turn …”

Stefan Kröll Article 14 Standard for Examination of Documents S. 1451-1455

„… Law and Practice, p. 348. Art. 14 UCP 1452 Stefan Kröll 1 2 3 4 5 Article 14 (b) Article 14 (b …” „… Ltd v. BNP Paribas [2014] SGHC 111 [Singapore], in: 2015 Annual Review of International Banking Law …” „… : 2012 Annual Review of International Banking Law and Practice, p. 399. 8 See ISBP (2013) A18bii. 9 …”

Eckart J. Brödermann Article 3.1.1 (Matters not covered) S. 535

„… qualified otherwise by the applicable private international law (of the competent state court or arbitration …” „… the contract itself, subject to additionally or alternatively applicable mandatory law (Art. 1.4 …” „… international law2 and/or the applicable arbitration law and/or the applicable arbitration rules will 2 Official …”

Tim W. Dornis Article 78 CISG S. 360-366

„… accordance with the applicable national law by virtue of the forum state’s choice-of-law rules (Article 7(2 …” „… , in C. Massimo Bianca & Michael J. Bonell, Commentary on the International Sales Law (Giuffrè 1987 …” „… Law 467, 473 (1995). 2 Alan F Zoccolillo, ‘Determination of the Interest Rate Under the 1980 United …”

Wolf Müller-Rostin Article 35 Limitation of Actions S. 1233

„… . The method of calculating that period shall be determined by the law of the court seized of the case …” „… limitation, the European Court of Justice3 has held that in the absence of provisions of EU law on the matter …” „… , the time limits for bringing actions for compensation for flight cancellation under EU law shall be …”

Gilles Cuniberti Article 7 Formal requirements S. 1373

„… scope of Art 7 is limited, and that some requirements will be provided by the applicable national law(s …” „… agreement, enables the secured obligations to be determined, but without the need to state a sum or maximum …” „… dispose is determined by the applicable national law.3 It should typically be the law governing property …”

Gilles Cuniberti Article 6 Relationship between the Convention and the Protocol S. 1373

„… scope of Art 7 is limited, and that some requirements will be provided by the applicable national law(s …” „… agreement, enables the secured obligations to be determined, but without the need to state a sum or maximum …” „… dispose is determined by the applicable national law.3 It should typically be the law governing property …”

Klaus Ramming Article 27 Other applicable provisions and nuclear damage S. 1064

„… or other authorized person is liable for such damage pursuant to the laws and regulations of a State …” „… the application of provisions in the contract of carriage or national law regarding the calculation of …” „… that any provisions in any applicable national law or in the contract of carriage in relation to …”

Klaus Ramming Article 26 General average S. 1064

„… or other authorized person is liable for such damage pursuant to the laws and regulations of a State …” „… the application of provisions in the contract of carriage or national law regarding the calculation of …” „… that any provisions in any applicable national law or in the contract of carriage in relation to …”

Peter Mankowski Article 11 CISG S. 52

„… precedence over national law to the contrary, for instance sec. 2-201 UCC1 or Art. 1341 Code civil. The …” „… political compromise.3 Attempts to introduce the parol evidence rule of the Common Law4 failed, though.5 The …” „… party has his place of business in a Contracting State which has made a declaration under article 96 of …”

Wolf Müller-Rostin Article 6 Document Relating to the Nature of the Cargo S. 1191

„… departure and destination are within the territory of a single State Party, one or more agreed stopping …” „… places being within the territory of another State, an indication of at least one such stopping place …” „… 1998, 343 1 International Conference on Air Law, Montreal, 10-28 May 1999, ICAO Doc 9775-DC/2, Volume I …”

Wolf Müller-Rostin Article 5 Contents of Air Waybill or Cargo Receipt S. 1191

„… departure and destination are within the territory of a single State Party, one or more agreed stopping …” „… places being within the territory of another State, an indication of at least one such stopping place …” „… 1998, 343 1 International Conference on Air Law, Montreal, 10-28 May 1999, ICAO Doc 9775-DC/2, Volume I …”

Erik Evtimov, Tetyana Payosova Article 56 Carriers against whom an action may be brought S. 1121

„… entitled to submit claims – this is subject to national law. The active legitimation differ in the case of …” „… to a carrier whose main office is located in the State of habitual domicile or residence of the …” „… State, clearly reflects the general understanding that the act of “agency” must be an act by the …”

Peter Mankowski Article 15 S. 441

„… or incapacity of the debtor, b) the bankruptcy or any state of insolvency affecting the whole of the …” „… claim, subject to the law governing the proceedings. Whereas Arts. 13 and 14 are addressing ordinary …” „… corporate debtor by means of corporate law or by administrative or court order (c), In any of these events …”

Peter Mankowski Article 5 S. 431-432

„… to the law of the state where enforcement is sought. Such documentary claims are put on equal footing …” „… execution can be obtained in accordance with the law of the place where such enforcement or execution is …” „… Working Group, UNCITRAL Yb. III (1972) supp. 50-54; Sumulong, ‘International Trade Law and the United …”

Eckart J. Brödermann Article 8.1 (Conditions of set-off) S. 698-705

„… Principles before a national court,36 national mandatory law (to be respected pursuant to Art. 1.4) may go …” „… expected harm (‘liquidated damages’ in the common law sense and/or an agreed ‘symbolic’ sum as an incentive …” „… / McKendrick Art. 7.4.13 no. 13. 36 See Vogenauer/McKendrick Art. 7.4.13 no. 10 (and note 192 on English law …”

Eckart J. Brödermann Article 10.7 (Alternative dispute resolution) S. 777-778

„… (arbitration) award on agreed terms.12 It is again for the law of the arbitral tribunal to decide ”whether or …” „… ) limitation period for the execution of the binding award is a matter of the law of the court, i.e. the lex …” „… preparatory work for the UNCITRAL Model Law on International Commercial Conciliation):5 (i) Upon the parties …”

Eckart J. Brödermann Article 10.6 (Suspension by arbitral proceedings) S. 775-776

„… recognised by the law of the arbitral tribunal as asserting the obligee’s right against the obligor. In the …” „… . 4 (pointing e.g. to German law). 22 Vogenauer/Wintgen Art. 10.7 no. 4. 23 See on the author’s …” „… . Law Rev. 2011, pp. 589-612 (Spanish Translation Fernández p. 183-216.); Diritto del Commercio …”

Tobias Eckardt Article 29 S. 961-962

„… default on his part as, in accordance with the law of the court or tribunal seized of the case, is …” „… loss/incorrect use of documents as per Art. 11 para. 3 CMR and claims under national law, otherwise limited by …” „… Chapter IV (such as the notice period in → Art. 30 para. 3 CMR) or as per the underlying national law are …”

Raimond Emde Article 9 S. 1280

„… State's autonomous law. However, in the absence of a corresponding national regulation, the principal …” „… letter a to interpret the autonomous law such that every contributing commercial agent initially acquires …” „… be applied by analogy to this situation is at any rate a question of transposition into national law …”

Tobias Eckardt Article 33 S. 974

„… the period of limitation as well as a restart of such period to national law of the forum state. The …” „… the CMR.4 It is insufficient that reference is only made to the national law of which the CMR is a …” „… and 12.2 with reference to case law. 4 OGH, 20 March 2007, 10 Ob 20/07 z, TranspR 2007, 326; OLG …”

Peter Mankowski Article 13 S. 439

„… limitation period shall cease to run when the creditor performs any act which, under the law of the court …” „… overall structure of the Limitation Convention:1 Whereas Art. 8 states the length of the regular …” „… regarded as commencing judicial proceedings and ought to be judged pursuant to the law of the court …”

Eckart J. Brödermann Introduction to the UNIDROIT Principles of International Commercial Contracts (“PICC”) S. 462-476

„… Unification of Private Law). Today, it is an international organisation with 64 Member States acting on the …” „… Contract and Arbitration Practice – the Experience of a German Lawyer, Uniform Law Review (2011), p. 589 …” „… Limitations and the Conflict of Laws, The Yale Law Journal, Vol. 28, No. 5 (Mar., 1919), p. 492, available at …”

Stefan Kröll Article 39 Assignment of Proceeds S. 1504-1531

„… applicable law are met such assignment of proceeds are possible even if the credit does not state that it is …” „… become entitled under the credit, in accordance with the provisions of applicable law. This article …” „… for an assignment of proceeds are to be derived solely from the applicable law and the credit but …”

Peter Mankowski Article 10 S. 435-436

„… reference to the applicable national law, i.e. the lex causae, in order to ascertain as to when certain …” „… Limitation Convention for International Sale of Goods’, 19 Journal of World Trade Law 343, 352, 353 (1985 …” „… International Law Rev. 147. 158 (2004). 1 Official Commentary Sono Art. 9 note 2. 2 Official Commentary Sono Art …”

Klaus Ramming Article 16 Liability for loss S. 1035-1039

„… or the time after they have been discharged from the vessel shall be governed by the law of the State …” „… CMNI liability regime by ordering that liability for shore damage is subject to the law of the state …” „… international transport law conventions. The carrier is responsible for loss of or damage to the goods occurring …”

Stefan Kröll Article 18 Commercial Invoice S. 1466-1468

„… , the invoice must state the amount due to the currency of the letter of credit.10 While there is no …” „… require that the invoice states and reflects what actually has been shipped.14 Concerning the description …” „… of the goods it can be deduced from the function of an invoice which is to state not only the amount …”

Sebastian Omlor Article 29 CISG S. 153-155

„… the common law doctrine, but treats equally the peculiarities of all contracting states with respect …” „… ) = http://cisgw3.law.pace.edu/cases/011217u1.html; Perales Viscasillas, ‘Modification and Termination of the …” „… .law.pace.edu/cas es/071127g1.html. 6 Oberster Gerichtshof (Austria), 6 February 1996 – 10 Ob 518/95 = ZfRV (1996 …”

Wolf Müller-Rostin Article 47 Invalidity of Contractual Provisions S. 1240

„… and effects being governed by the law of the court seized of the case. The claimant is permitted to …” „… proceedings. The applicable local law governs the procedural issues in such a case.1 Article 46 Additional …” „… , in the territory of one of the States Parties, either before a court in which an action may be …”

Wolf Müller-Rostin Article 46 Additional Jurisdiction S. 1240

„… and effects being governed by the law of the court seized of the case. The claimant is permitted to …” „… proceedings. The applicable local law governs the procedural issues in such a case.1 Article 46 Additional …” „… , in the territory of one of the States Parties, either before a court in which an action may be …”

Wolf Müller-Rostin Article 45 Addressee of Claims S. 1240

„… and effects being governed by the law of the court seized of the case. The claimant is permitted to …” „… proceedings. The applicable local law governs the procedural issues in such a case.1 Article 46 Additional …” „… , in the territory of one of the States Parties, either before a court in which an action may be …”

Peter Mankowski Article 7 S. 433

„… national law. The Convention does not dare dictating any resolution for this.2 Article 7 In the …” „… respective home law. As far as possible, regard should also be given to judgments from other Contracting …” „… States and to writings by academics or practitioners. Admittedly, the accessibility to such material had …”

Peter Mankowski Article 6 S. 433

„… national law. The Convention does not dare dictating any resolution for this.2 Article 7 In the …” „… respective home law. As far as possible, regard should also be given to judgments from other Contracting …” „… States and to writings by academics or practitioners. Admittedly, the accessibility to such material had …”

Erik Evtimov, Tatyana Payosova Article 42 Ascertainment of partial loss or damage S. 1170

„… by the laws and prescriptions of the State in which such ascertainment takes place. Art. 42 COTIF/CIM …” „… dealt with under the CIM UR and is subject to the respective contracts as well as national law. Article …” „… . The extra-contractual proceeding is still possible based on national law in the case of third party …”

Erik Evtimov, Tatyana Payosova Article 41 Other actions S. 1170

„… by the laws and prescriptions of the State in which such ascertainment takes place. Art. 42 COTIF/CIM …” „… dealt with under the CIM UR and is subject to the respective contracts as well as national law. Article …” „… . The extra-contractual proceeding is still possible based on national law in the case of third party …”

Erik Evtimov, Tetyana Payosova Article 7 Ticket S. 1091-1092

„… protection provisions under European and Belgian national law which are based on that contractual …” „… prevents national law to lay down that a person making a train journey while not in possession of a ticket …” „… that it is the national law that governs the conditions for the formation of a contract of carriage …”

Eckart J. Brödermann Article 1.3 (Binding character of contract) S. 486

„… to ‘act’ of state (notably an ‘omission’ to grant in time a public permission (Art. 6.1.16(1 …” „… accordance with the relevant rules of private international law. 1 Official Comments, Art. 1.3 no. 1, pp …” „… approach to “Fa” – 法 (law). 4 Official Comments, Art. 1.3 no. 2, p. 10. 5 Vogenauer/Vogenauer Art. 1.3 no …”

Eckart J. Brödermann Article 10.3 (Modification of limitation periods by the parties) S. 768-770

„… limitation periods because in their domestic law modification of limitation periods may be forbidden …” „… extension,7 provided that the restrictions of Art. 10.3(2) (and of any mandatory domestic law,8 Art. 1.4 …” „… . 10.3 no. 6. 7 Vogenauer/Wintgen Art. 10.3 no. 6. 8 E.g. company law restrictions such as Art. 133 para …”

Tobias Eckardt Article 40 S. 984

„… limits set by the underlying national law.2 Chapter VII Nullity of stipulation to the Convention Article …” „… . 41 para. 1 CMR quite clearly states that any derogation from the provisions of the convention is null …” „… to a contract subject to Italian law as per Art. 5 para. 1 2nd sentence Rome I-Regulation, the …”

Lisa Spagnolo Introduction to Articles 14–24 CISG S. 55-57

„… , 15 May 2002, CISG-online 746 (http://cisgw3.law.pace.edu/c ases/020515b1.html) (formation can occur …” „… , CISG-online 145 (http://cisgw3.law.pace.edu/cases/950308g1.h tml); Michael Joachim Bonell …” „… Standford Law Review (cited as “Craswell”); T. Dornis, in H. Honsell (ed), Kommentar zum UN-Kaufrecht …”

Peter Csoklich Article 6 S. 914-915

„… permitted by law of the country in which the electronic consignment note has been made out (Art. 3 e-CMR …” „… ). E-CMR entered into force on June 5, 2011 and is applicable on transports between states already having …” „… ratified this Protocol; as of August 31, 2018, 17 states (Bulgaria, Czech Republic, Denmark, Estonia …”

Eckart J. Brödermann Article 5.1.4 (Duty to achieve a specific result. Duty of best efforts) S. 575-576

„… the obligee the risk of a state of the art and timely performance of the first obligor (which in turn …” „… circumstances. A. A Cultural Bridge to the French Law Family Para. 1 provides a bridge between common and civil …” „… law (→ Art. 5.1.1 no. 1) by pointing at a distinction between obligations which require, as a matter …”

Wolf Müller-Rostin Article 20 Exoneration S. 1215

„… is not able to make claims under national law if the same matter is regulated by the Convention.12 …” „… the Exclusivity of the Warsaw Convention’ (2006) 31 Air & Space Law 133; for discussion concerning …” „… Regulation to the courts of EU Member States and does not provide a private right of action outside those …”

Eckart J. Brödermann Article 5.1.1 (Express and implied obligations) S. 571

„… . 5.1.2.16 If the reasoning of the decision maker, usually an arbitration tribunal or a state court, is …” „… the parties may be express or implied. A. A Cultural Bridge to Common Law Art. 5.1.1 recognizes the …” „… any given contract in addition to ‘express’ obligations. The concept originates in common law2 (it was …”

Peter Mankowski Article 8 S. 434

„… four years. Art. 8, pivot of the entire Limitation Convention, states the basic duration or the …” „… limitation period as four years. It bars any recourse to be made to national law, should that national law …”

Lisa Spagnolo Article 21 CISG S. 105-111

„… should be treated with caution in relation to Art. 21(1), as it incorrectly states ‘written’ notice is …” „… ; Art. 5 bis MLEC, UNCITRAL Model Law on Electronic Commerce (1996), GA Res. 51/162, UN Doc. A/51/162 …” „… . 19(1) Convention relating to a Uniform Law on the Formation of Contracts for the International Sale of …”

Lisa Spagnolo Article 17 CISG S. 79-80

„… , and has itself not been relied upon.49 Effect of revocation and consequences at domestic law An …” „… offer cannot lead to damages or other remedies such as an injunction at domestic law. This is because …” „… Laboratories, Inc., 201 F Supp 2 d 236, 286-7, US District Court SD NY, United States, 10 May 2002, CISG-online …”

Erik Evtimov, Tatyana Payosova Article 12 Evidential value of the consignment note S. 1143-1144

„… otherwise subject to the national law of the State in which examination is carried out. In any event, the …” „… otherwise applicable rules of public law, for instance with respect to operational safety. The difference …” „… of the carrier in conjunction with the respective national law. Unlike in the CMR, the CIM UR do not …”

Peter Csoklich Article 11 S. 924-925

„… Moreover, Art. 11 para. (2) CMR clearly states that the carrier neither is obliged to check the accuracy …” „… persons against the sender are governed by the applicable national law. As follows from → Art. 17 (2) CMR …” „… of the carrier has to be assessed according to the applicable national law,10 the basis of liability …”

Eckart J. Brödermann Article 11.1.4 (Availability of defences and rights of set-off) S. 791-793

„… Common Frame of Reference,1 and inspired by the Roman-French law based legal family2 (as opposed to the …” „… (Roman law influenced) German law based legal family),3 the UNIDROIT Principles provide a straightforward …” „… ) Swiss Code of Obligations (whereby the law of Switzerland has a ‘character’ of its own often providing …”

Wolf Müller-Rostin Article 36 Successive Carriage S. 1234

„… the Montreal Convention shall be superseded by national law.4 III. Application of Article 35 to …” „… States Court of Appeals for the Ninth Circuit, which held that because an action between carriers for …” „… national law. Claims by the carrier against the consignor (→ Art. 10), on the other hand, are based on a …”

Tim W. Dornis Article 79 CISG S. 367-376

„… creditor.55 If the tribunal under the forum’s procedural-law rules, however, investigates issues of law ex …” „… ), note 3.8; see also Harry M. Flechtner, ‘Art 78’ para. 420, in John O. Honnold, Uniform Law for …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 e) Examples (case law and commentary …”

Wolf Müller-Rostin Article 31 Timely Notice of Complaints S. 1228-1229

„… not be applicable; national law will apply instead. In respect of carriage of cargo – in contrast to …” „… about its po- 1 Courts in the United States have held that theft of baggage or cargo by servants or …” „… & Space Law 91-102. 2 BGH, 14 Mar 1985 – I ZR 183/82, TranspR 1986, 22 = 1986 Air Law 100. 3 See for …”

Petra Butler Article 46 CISG S. 239-242

„… avoidance (Article 81(2)) leads to liability under Article 74.6 Importantly, Article 45(2) states that …” „… discussed under I. 3, Art. 45(3) clarifies that domestic law which would grant the seller an extension of …” „… points out, the CISG does not exclude the application of (applicable) domestic law, which is outside the …”

Eckart J. Brödermann Article 3.2.2 (Relevant mistake) S. 540-541

„… not have concluded it at all if the true state of affairs had been known, and (a) the other party made …” „… and Dutch law and also contain some components of e.g. French and US law.2 Para. 1 provides for a …” „… the applicable (mandatory) law (Art. 1.4) due to an omission of research can be both grossly negligent …”

Eckart J. Brödermann Article 3.2.15 (Restitution) S. 554-556

„… separately by the applicable private international law (of the competent state court or arbitration tribunal …” „… ).3 Thereby, the retroactive effect does usually not affect dispute resolution, choice of law or …” „… contractual regime of the UNIDROIT Principles)5 there will be rarely room for the application of the law of …”

Eckart J. Brödermann Article 9.1.13 (Defences and rights of set-off) S. 734-737

„… founded is not covered by para. 1 and must be decided according to the applicable substantive law as …” „… determined by the applicable choice of law rules12 (e.g. the applicable private international capacity …” „… , contract, form, representation or company law, → Introduction no. 17 at H).13 1. 1 Vogenauer/Mazza Art …”

Stefan Kröll Introduction S. 1416-1419

„… Guarantess under International Trade Law (2nd edn, 2008) p. 32 et seq.; Sindberg, UCP 600 Transport Documents …” „… , Letters of Credit and Bank Guarantess under International Trade Law (2nd edn, 2008) p. 1 et seq., 24 et …” „… ) paras. 64 et seq see also English Supreme Court Taurus Petroleum Lt. vs State Oil Marketing Company of …”

Eckart J. Brödermann Article 10.1 (Scope of the Chapter) S. 761-764

„… details), with various national laws5 and international instruments, i.e. European law6 and the UN …” „… light of the different training of lawyers in civil and common law countries the issue of limitation of …” „… liability does not always come to mind to lawyers drafting contracts, e.g. because in common law countries …”

Eckart J. Brödermann Article 7.4.3 (Certainty of harm) S. 679-680

„… , Compensation for Future Harm – Article 7.4.3 UNIDROIT Principles, in: Eppur si muove, The Age of Uniform Law …” „… of Damages under CISG Article 74 (www.cisg.law.pace.edu/cisg/CI SG-AC-op6.html) para. 2.6, as noted …” „… ; Vogenauer/McKendrick Art. 7.4.3 no. 2 (at p. 989) (with reference to English law). 7 For example, § 286 of the German …”

Eckart J. Brödermann Article 7.3.6 (Restitution with respect to contracts to be performed at one time) S. 669-671

„… to property law and are qualified differently (as compared to ‘contract law’) by most arbitration …” „… and/or private international law regimes (→ Introduction no. 17 at H). Any claims for restitution are …” „… contract of sales).3 They state principles of restitution which correlate to the regime set forth in Art …”

Tobias Eckardt Article 41 S. 984-986

„… limits set by the underlying national law.2 Chapter VII Nullity of stipulation to the Convention Article …” „… . 41 para. 1 CMR quite clearly states that any derogation from the provisions of the convention is null …” „… to a contract subject to Italian law as per Art. 5 para. 1 2nd sentence Rome I-Regulation, the …”

Lisa Spagnolo Article 20 CISG S. 102-104

„… envelope, not the dispatch date,9 for state-run postal services or a private courier.10 Where such dates …” „… Communications’ (2005) 25(1) Journal of Law and Commerce 47, 148. 13 CISG Advisory Council Opinion 1, Comments …” „… Law Review 6(1), 21, 30, 31. Compare Ferrari, Art. 20 para. 6 (including email as a means of …”

Wolf Müller-Rostin Article 22 Limits of Liability in Relation to Delay, Baggage and Cargo S. 1217-1220

„… proven damages as established pursuant to applicable local law,2 in all but exceptional cases where the …” „… from awarding, in accordance with its own law, in addition, the whole or part of the court costs and of …” „… incorporated into German law (see section 435 of the Commercial Code, for instance). The term “intent” implies …”

Stefan Kröll Article 36 Force Majeure S. 1496-1497

„… regime in Article 35 (1) would conflict with one other fundamental principles of letter of credit law …” „… reimbursement obligation contained therein applies even in those cases where the reimbursement conditions state …” „… International Banking Law and Practice, 64 et seq. 3 Byrne/Mauletta/Sho/Zelenov, UCP600 – An Analytical …”

Gilles Cuniberti Article 36 Assignee’s priority with respect to associated rights S. 1397

„… associated rights arise states that they are secured by or associated with the object; and (b) to the extent …” „… be determined by the applicable law. Article 37 Effects of assignor’s insolvency The provisions of …”

Gilles Cuniberti Article 32 Formal requirements of assignment S. 1395

„… affect the debtor without its consent. 3. Subject to paragraph 4, the applicable law shall determine the …” „… without the need to state a sum or maximum sum secured. 20 Ibid. 21 Off. Com. Aviation, no 5.27. Art. 32 …”

Gilles Cuniberti Article 31 Effects of assignment S. 1395

„… affect the debtor without its consent. 3. Subject to paragraph 4, the applicable law shall determine the …” „… without the need to state a sum or maximum sum secured. 20 Ibid. 21 Off. Com. Aviation, no 5.27. Art. 32 …”

Erik Evtimov, Tetyana Payosova Article 64 Agreements concerning recourse S. 1127

„… State on the territory of which one of the carriers participating in the carriage has his principal …” „… the contract of carriage. Procedural rules contained in Article 63 of the CIV UR are of public law …”

Tobias Eckardt Article 27 S. 958-959

„… the applicable national law;3 whether immaterial losses are covered by Art. 26 is subject to dispute.4 …” „… claimed in accordance with the applicable national law.9 Consequently, legal fees,10 the costs of …” „… 2004, 99 states that capitalised interest may be claimed as it falls outside the scope of the CMR. 10 …”

Stefan Kröll Article 38 Transferable Credits S. 1499-1503

„… law and to what extent the instructions were binding. Charges Article 37 (c) 1st sentence embodies the …” „… foreign law In line with standard international letter of credit practice an applicant who ask a bank to …” „… be governed by a foreign law, i.e. that of the country where the nominated bank and the beneficiary …”

Tobias Eckardt Article 38 S. 981

„… underlying national law and the procedural rules of the forum state. Art. 37 lit. c CMR Lit. c acts as a …”

Erik Evtimov, Tetyana Payosova Article 9 Right to be carried. Exclusion from carriage S. 1094

„… 9 of the CIV UR, national law applies. GCCs can introduce sanctions for the passengers, who do not …” „… , unless EU Member States granted exemptions according to Article 2 paras. (4)-(6) of the Rail PRR. For an …”

Eckart J. Brödermann Article 2.1.16 (Duty of confidentiality) S. 517

„… ). In international trade for clients from civil law jurisdictions, such agreement to negotiate in good …” „… globe providing for other doctrinal foundations),2 sentence 1 states a self-explanatory duty of …” „… faith principle (Art. 1.7) within the UNIDROIT Principles1 (and in line with national laws around the …”

Peter Mankowski Article 13 CISG S. 54

„… forum State has made the reservation pursuant to → Art. 96 CISG or where the parties have agreed on the …” „… CISG has it that the rule contains only some guidance for interpreting writing requirement of the law …”

Eckart J. Brödermann Article 2.2.5 (Agent acting without or exceeding its authority) S. 529

„… mandatory law requiring the publication of restrictions of authority of certain classes of agent (Art …” „… inconsistent behaviour (Art. 1.8),5 para. 2 states an exception. The exemption of the principal from liability …”

Petra Butler Article 50 CISG S. 262-268

„… : Larry DiMatteo (ed), International Sales Law-A Global Challenge (CUP, Cambridge 2014) 257, 275. 22 …” „… ’, in: Larry DiMatteo (ed), International Sales Law-A Global Challenge (CUP, Cambridge 2014) 257, 275 …” „… ’, in: Larry DiMatteo (ed), International Sales Law-A Global Challenge (CUP, Cambridge 2014) 257, 276 …”

Christoph Brunner, Michael Schifferli Article 41 CISG S. 214-219

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4. Public law encumbrances …” „… according to the relevant national property law, excluding the seller’s liability for not procuring title.8 …” „… has no geographical limitation, rights that only exist within the seller’s state can also be grounds …”

Stefan Kröll Article 2 Definitions S. 1422-1426

„… See English Supreme Court Taurus Petroleum Lt. vs State Oil Marketing Company of the Ministry of Oil …” „… example Kurkela, Letters of Credit and Bank Guarantess under International Trade Law (2nd edn, 2008) p. 28 …” „… International Banking Law and Practice, 57. 7 See below Art. 38; in practice reference is sometimes also made to …”

Petra Butler Article 55 CISG S. 280-282

„… stipulated in Articles 53 and 59 states that the seller should not have to endure any effort or expense …” „… with the principles set out in Article 8 and Article 9 CISG. If not, the applicable domestic law will …” „… International Sale of Goods’, Journal of Law and Commerce (2005-06) 305. Art. 55 CISG PART III SALE OF GOODS …”

Klaus Ramming Article 20 Maximum limits of liability S. 1047-1051

„… regulations are those of the law otherwise applicable to the contract of carriage as per Article 29.1 through …” „… 29.3. These agreements in the contract of carriage or the principles of national law dictate whether …” „… of the most remarkable features of the carrier’s liability in international law is that a carrier is …”

Peter Csoklich Article 14 S. 931-932

„… consignee has to be assessed under the applicable national law.16 Article 14 (1) If for any reason it is or …” „… carrier in case of such impediments, Art. 16 CMR states the rights of the carrier. II. Impossibility Art …”

Peter Csoklich Article 13 S. 929-930

„… exhaustively determine the persons entitled to sue the carrier: Under the applicable national law as well as …” „… , para. 2, with an overview on the divergent opinions in other CMR contracting states; Theunis/Maccarone …”

Marco Torsello Article 32 CISG S. 175-180

„… : http://cisgw3.law.pace.edu/cases/060110i3.html. 85 Brand (n. 77) 183-184. 86 ECJ, 25 January 2010, C-381/08 …” „… SZIER (1999) 195, English translation available at http://cisgw3.law.pace.edu/cases/970220s1.html. 25 …” „… of final destination of the goods.87 As a result, in the member States of the European Union and in …”

Petra Butler Article 47 CISG S. 243-248

„… performance (under the contract or under Article 33 or Article 53) has passed.1 Articles 47(2) and 63(2) state …” „… similar provisions in civil law jurisdictions, such as German and French law.6 However, the additional …” „… 7(1) to interpret the provisions of the CISG autonomously and without recourse to domestic law. Scope …”

Tobias Eckardt Article 25 S. 955-956

„… amount payable in the case of loss of the part affected. 1 I.e.it is insufficient to one-sidedly state …” „… S.A. vs. MAT Transport Ltd. 1987, 1 Lloyd’s Law Report, 354 (survey); OLG Celle, 29 October 1998, 11 U …”

Klaus Ramming Article 12 Reservations in transport documents S. 1027-1029

„… no requirement that the reservation must state why it was made, in particular what the basis of the …” „… found in any international transport law conventions. It addresses the situation that the goods are …”

Tim W. Dornis Article 74 CISG S. 339-348

„… . Massimo Bianca & Michael J. Bonell, Commentary on the International Sales Law (Giuffrè 1987); Peter …” „… much earlier, in Article 1150 of the French Code Civil, and took a detour in Louisiana law and American …” „… the International Sales Law (Giuffrè 1987); Vincent Heuzé, La vente internationale de marchandises …”

Peter Csoklich Article 8 S. 918-920

„… ), first sentence, CMR explicitly states that the carrier must indicate the grounds for such a reservation …” „… supplementary provisions on the burden of proof in the CMR, national law, including the procedural rules of the …”

Marco Torsello Article 31 CISG S. 163-174

„… Córdoba (Spain), 31 October 1997, English abstract available at http://cis gw3.law.pace.edu/cases/971031s4 …” „… ), 13 April 2000, English translation available at: http://cisgw3.law.pace.edu/cases/000413g1.html. 17 …” „… LLC v Grlic Plus LLC), English translation available at: http://cisgw3.law.pace.edu/cases/070220 …”

Lisa Spagnolo Article 24 CISG S. 116-129

„… Contracts for the International Sale of Goods (CISG) 1980’ (1999) 6(1) EDI Law Review 6(1), 27. Compare …” „… Convention. See also MLEC, UNCITRAL Model Law on Electronic Commerce (1996), GA Res. 51/162, UN Doc. A/51/162 …” „… agent’s powers of representation are determined by domestic law, yet formation is governed by the CISG. If …”

Eckart J. Brödermann Article 11.2.3 (Availability of defences against joint and several obligees) S. 820-824

„… interest of the businessmen9 (the author has witnessed rare exceptions in high level complex state …” „… Creditors in the Austrian, French, Swiss and German Law, ERPL 1999, pp. 349-354. 9 See generally on this …” „… national laws of ‘romanistic’ background,3 a general rule on defences in para. 14 whereby the obligor can …”

Tobias Eckardt Article 30 S. 963-967

„… 2004, 104 (and Footnote 21 thereof); also the older German case law considers that in cases of Art. 29 …” „… received the goods in the state as described in the consignment note if he accepts delivery, thereby …”

Petra Butler Article 48 CISG S. 249-256

„… , Uniform Law for International Sales Under the 1980 United Nations Convention (4th ed, Kluwer International …” „… reduction Article 50 sentence 2 clearly states that as long as the right to cure exists, a reduction in the …”

Erik Evtimov, Tetyana Payosova Article 58 Extinction of right of action in case of death or personal injury S. 1123

„… constituted “commercial activity” of the OBB in the United States), her lawsuit was not “based upon a …” „… pass from a travel agency in the United States (the sales of Eurail pass according to Ms. Sachs …” „… commercial activity carried on in the United States by a foreign state” because the accident, on which her …”

Erik Evtimov, Tetyana Payosova Article 57 Forum S. 1122

„… enforceable in the State in which the new action is brought. Lawsuits under the CIV UR can be brought …” „… the courts or tribunals of Member States designated by agreement between the parties or before the …” „… courts or tribunals of the Member State on whose territory the defendant has his domicile or habitual …”

Gilles Cuniberti Article 11 Meaning of default S. 1378

„… . Under the Rail Protocol,13 Contracting States may make a declaration reserving the application of …” „… Protocol,14 the debtor, the public services provider or the Contracting State benefiting from such services …” „… are not breach of the contractual obligations of the debtor. In Contracting States where freedom to …”

Erik Evtimov, Tetyana Payosova Article 51 Persons for whom the carrier is liable S. 1118

„… loss or damage pursuant to the laws and prescriptions of a State governing liability in the field of …” „… of the respective state apply. Article 51 Persons for whom the carrier is liable The carrier shall be …” „… or damage were caused by a nuclear accident. In this case, the national laws on the nuclear liability …”

Erik Evtimov, Tetyana Payosova Article 50 Liability in case of nuclear incidents S. 1118

„… loss or damage pursuant to the laws and prescriptions of a State governing liability in the field of …” „… of the respective state apply. Article 51 Persons for whom the carrier is liable The carrier shall be …” „… or damage were caused by a nuclear accident. In this case, the national laws on the nuclear liability …”

Erik Evtimov, Tetyana Payosova Article 14 Completion of administrative formalities S. 1097

„… otherwise provided by the laws and prescriptions of each State. Article 14 of the CIV UR deals only with the …” „… prescriptions of the State in which the examination would take place prohibit such examination. The passenger …” „… their loading) and animals carried comply with the conditions of carriage, unless the laws and …”

Erik Evtimov, Tetyana Payosova Article 13 Examination S. 1097

„… otherwise provided by the laws and prescriptions of each State. Article 14 of the CIV UR deals only with the …” „… prescriptions of the State in which the examination would take place prohibit such examination. The passenger …” „… their loading) and animals carried comply with the conditions of carriage, unless the laws and …”

Erik Evtimov, Tatyana Payosova Article 15 Completion of administrative formalities S. 1146

„… so far as the laws and prescriptions of the State in which they are to be carried out so permit; c …” „… or other administrative formalities, in so far as the laws and prescriptions of the State in which …”

Erik Evtimov, Tetyana Payosova Article 55 Claims S. 1120

„… followed shall be governed by the laws and prescriptions of the State in which such ascertainment takes …” „… carriage in the State where the passenger is domiciled or habitually resident. Article 55 of the CIV UR …”

Erik Evtimov, Tetyana Payosova Article 54 Ascertainment of partial loss or damage S. 1120

„… followed shall be governed by the laws and prescriptions of the State in which such ascertainment takes …” „… carriage in the State where the passenger is domiciled or habitually resident. Article 55 of the CIV UR …”

Stefan Kröll Article 37 Disclaimer for Acts of an Instructed Party S. 1498

„… instructions. If a credit states that charges are for the account of the beneficiary and charges cannot be …” „… indemnify a bank against all obligations and responsibilities imposed by foreign laws and usages …”

Erik Evtimov, Tatyana Payosova Article 11 Examination S. 1142

„… State where the examination takes place provide otherwise. If the consignment does not correspond with …” „… carrier shall require the presence of two independent witnesses, unless the laws and prescriptions of the …”

Peter Mankowski Article 82 CISG S. 384-386

„… substitute goods if he is able to return the goods in kind. (1) states this as the principle and as the …” „… lawyers‘ fees) and the xepenses for resititution and return.24 Article 82 CISG (1) The buyer loses the …”

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Udo Reifner

Using Money

Series: Schriften des Instituts für Finanzdienstleistungen e.V.

Volume 13 2007

Results in this title

The State and the Law: Payment and Bankruptcy Law S. 125

„… elements of financial education for a sustainable future. The State and the Law: Payment and Bankruptcy Law …” „… Member States (UK, Austria and Germany), the development of our CAWIN software into the leading German …” „… autonomy in the increasing role the State plays in European banking and its regulation. Many of the experts …”

Against Social Discrimination S. 45-46

„… state religion (“Good is, in itself, the common market, free of state and law”), its own language …” „… acceptable interest rates for stranded debtors in relation to its enforcement costs. German law moreover …” „… . French (and US) law prohibits a bank from using its power in the credit relationship to control small …”

Usury: Thresholds and Prohibition S. 47-49

„… the existing culture of the national states and creates a democratic Europe of diversity, law and …” „… officials belong in it, who recognise the state and its laws as a professional ethos, not merely as a means …” „… 47 tional corporations), its own state bank (the European Central Bank) and a politicians’ stock …”

Re-feudalisation of the Economy S. 41-42

„… contractual claim to fees). Using the economic analysis of the law favoured by US commercial lawyers, the law …” „… 41 Re-feudalisation of the Economy Attacks on the law have many forms. All attacks are made in the …” „… , while the law has only national democratic legitimacy, the law has become an impediment to the economy …”

Expertises and Projects S. 144-146

„… Consumer Redress: The Use of Consumer Protection Law in Out- of- Court Dispute Resolution; Group actions …” „… (amended by 90/88) on Consumer Credit in the member states : Consumer Credit in Germany 145 Bank Security …” „… and Responsibility in Europe 1993 The Vikings and the Romans : contract law and social economy 1994 …”

Ghetto Economy in the US S. 75-78

„… - for many Americans the supposed collapse of society is unstoppable. The State is breaking down, social …” „… Blakely, E. & Snyder, M. Fortress America: Gated Communities in the United States, Washington D.C …” „… Poverty Economy - are being developed without sufficient social minimum standards imposed by the state …”

Introduction S. 11-15

„… , tenants and labour law conducted at the science centre in Berlin in the late 1970’s. Already then, the …” „… been the way that the labour movement of the late 19th century had been able to change the law and …” „… implement social rights. The law as a means to socialise individual needs, wants and aspirations instead of …”

Market and Justice S. 40-41

„… analysis of the law favoured by US commercial lawyers, the law would be, in the meantime, subjected to a …” „… contribution. Market and Justice It is not the market which achieves justice, but the law: fiat iustitia et …” „… development. Hegel called for a strong Prussian state, Kant for morality, the conservatives for aristocratic …”

Titelei/Inhaltsverzeichnis S. 2-10

„… Adjusted Financial Products 124 Media and a Critical Public 125 The State and the Law: Payment and …” „… – Many Project Applications 136 “Consumers and the Law“ 136 Our Services 137 2005 – Farewell to the State …” „… machine or similar means, and storage in data banks. Under § 54 of the German Copyright Law where copies …”

“Creditworthy Lenders” S. 35-38

„… . European law in adjacent states can provide ideas in this context if the EU can be restrained from laying …” „… compliance with guns. For that reason, all private law, throughout the world, demands even more trust in …” „… connection with contractual dealings. The “Emperor’s Clause” (Arthur Leff) in civil law obligations is the …”

Berlemont: The 26<sup>th</sup> state of the EU? S. 46-47

„… of the EU, with its own state religion (“Good is, in itself, the common market, free of state and law …” „… officials belong in it, who recognise the state and its laws as a professional ethos, not merely as a means …” „… the Trade Department of the USA, determine the policies followed by their pairs in the other states …”

“Perfection of Life or of Work?” S. 90-91

„… to hide the inability of European States to create a unified body of law governing all member states …” „… Amsterdam treaty which expressly declares EU level consumer protection to be minimum standard law. Have the …” „… concerning consumer liability for the misuse of payment devices and a harmonised law on consumer bankruptcy …”

Armatya Sen and the American Economy S. 91-92

„… recognition” are good principles to hide the inability of European States to create a unified body of law …” „… law. Have the problems of exclusion, overindebtedness and poverty declined so much that we can now …” „… contracts or concerning consumer liability for the misuse of payment devices and a harmonised law on …”

Money as a Means for Communications S. 42-43

„… economic rationality. Commercial law now bears no relation to indivisible justice. However, it is not only …” „… against the law, but the globalisers as well. They find fault with its national character and its cultural …” „… barriers to universal happiness. Reformers of the welfare state such as McKinsey criticise its complexity …”

Media and a Critical Public S. 125

„… elements of financial education for a sustainable future. The State and the Law: Payment and Bankruptcy Law …” „… Member States (UK, Austria and Germany), the development of our CAWIN software into the leading German …” „… autonomy in the increasing role the State plays in European banking and its regulation. Many of the experts …”

Public Interest Organisations S. 122-124

„… the supply side, (c) critical control by the public, (d) regulative and compensatory state action …” „… exploit a lack of education or ignorance about the law and short term attitudes. FIS-Money Advice has …” „… explore the opportunities which US private law provides for the incorporation of public goals into private …”

A Socially Responsible Proposition: “Micro-lending” and Adjusted Financial Products S. 124-125

„… necessary in guaranteeing the elements of financial education for a sustainable future. The State and the …” „… Law: Payment and Bankruptcy Law The last year has seen us heavily involved in questions concerning …” „… agencies in three different EU Member States (UK, Austria and Germany), the development of our CAWIN …”

International Coalition Building S. 140-141

„… European states, we formed a Coalition for Responsible Lending, which brought together specialists …” „… employment law and consumer law as unequal components of the legal relationships governing individuals. We …” „… lures away billions of tax money from the welfare budgets of European and develop-141 ing states by …”

Final Quality Testing for the Economy S. 125-127

„… elements of financial education for a sustainable future. The State and the Law: Payment and Bankruptcy Law …” „… Member States (UK, Austria and Germany), the development of our CAWIN software into the leading German …” „… autonomy in the increasing role the State plays in European banking and its regulation. Many of the experts …”

Competition and Responsibility S. 39-40

„… market economy”, which imposes limits on itself in the form of the law, is compatible with most …” „… made a contribution. Market and Justice It is not the market which achieves justice, but the law: fiat …” „… efficient its development. Hegel called for a strong Prussian state, Kant for morality, the conservatives …”

“Export Finance for Engineers“ S. 141-142

„… 141 ing states by corrupting their wealthy elites with low-taxation and bank secrecy offers). We …” „… consumer protection in relation to financial services in the areas of the law, business and NGOs …” „… also provide with financial security as a core subject. Perhaps uniquely, this Bachelor’s Law Degree …”

Using Money rather than Having it S. 28-32

„… law took the concept of “responsible lending” from Belgian law, and it was copied by the European …” „… on equity capital, was depicted by a professor in criminal law at Marburg University.8 In two …” „… Frankfurter Allgemeine Zeitung of 9.1.2006, as blind to the law and a supporter of “shameless profiteers …”

Money as a Security S. 49-59

„… , for which Caplovitz worked as a bankruptcy lawyer shortly before his death, having undertaken his law …” „… (70%) expects unemployment to grow and 88% have less confidence in the welfare state than previously …” „… “consumer enterprises” supported by the State, we have highlighted new ways for people to act as …”

Financial Literacy and Prevention of Over-Indebtedness S. 131-133

„… conditions in the form of providers’ product ranges, the allocation of tasks and State regulation, together …” „… work. The financial services and consumer protection division, now re-named Law and Economic Interests …” „… Bundesverband, the Portuguese Consumer Association, the International Association of Consumer Law, in both cases …”

The Different Facets of the Truth S. 61-63

„… iff, when we entered 3,500 datasets on history, the economy, law and the environment into our “Gulf …” „… incentives to speculate on credit, , neglect, misuse or abuse of state development programmes, speculation in …” „… provoke people in the state-subsidised theatres of the 1970s, has come into its own with the latest …”

Has Consumer Protection in Financial Services failed in the EU? S. 133-134

„… Law and Economic Interests, had no tenders out for 2004. Projects in other divisions were cancelled …” „… Verbraucherzentralen Bundesverband, the Portuguese Consumer Association, the International Association of Consumer Law …” „… in a multi-national project for structural improvements in the new and candidate Member States …”

Group-Orientation of Bank Outlets, Financial Literacy, Pensions and Start-ups S. 127-129

„… to prevent a CRA for Europe but the beginning of a new market philosophy when the Commission states …” „… Nomos series, sets out the results of our research into small businesses, insolvency law and finance …” „… and associations, and in state or credit institutions. We have had promising discussions in Hamburg …”

The Private Sector as a New Research Partner S. 139-140

„… indebtedness on initiation of a contract should also apply under public law. The procurement office would be …” „… friends in the USA, Canada and almost all European states, we formed a Coalition for Responsible Lending …” „… long-term contracts, linking employment law and consumer law as unequal components of the legal …”

Confronting Fatalism S. 95-98

„… the reigning economic thinking. It is much more founded in trust, politics, law and morals, equally in …” „… problem with his proposition of a psychological law that demand is always based around historical factors …” „… . What he meant by this was that the State can only trigger renewed economic confidence by giving benefit …”

The public aspect in private economy S. 108-109

„… partner in the banking industry who did not underline that this law is necessary, important and points …” „… report on sale here at the table. We have discussed the effects of bank failures on the state presently …” „… fail is the American explanation of state subsidies to banks. Nobody dares to contradict when states …”

Financial exclusion in Modern Societies S. 82-90

„… background is needed which we could supply using the wisdom of the continental European welfare state …” „… concepts like the "social state" (Germany), "solidarité" (France) or "Mutuality" (Italy). The German …” „… welfare state is at a dead end not because its social aspirations are outdated but because its public …”

Low-Income Banking S. 108

„… partner in the banking industry who did not underline that this law is necessary, important and points …” „… report on sale here at the table. We have discussed the effects of bank failures on the state presently …” „… fail is the American explanation of state subsidies to banks. Nobody dares to contradict when states …”

Trust is Good for the Economy S. 33-35

„… will have to punish breaches and ensure compliance with guns. For that reason, all private law …” „… ” (Arthur Leff) in civil law obligations is the principle of “good faith”, doing what is “conscionable …” „… and the state, as one of all the necessary checks und balances, means joining ranks with those who see …”

Second Best S. 107-108

„… induce state administration to use more flexible cost control and allocation systems in social welfare …” „… did not find a single partner in the banking industry who did not underline that this law is necessary …” „… conference report on sale here at the table. We have discussed the effects of bank failures on the state …”

Debt and Credit Advice S. 117-118

„… ideas on how private law may incorporate and reward socially responsible behaviour by financial …” „… France and Belgium, where data on credit law are also rather complete. The revised concept of FIS-Money …” „… stem not from users but from suppliers of information such as state agencies and commercial financing …”

Reconcilng Egoism wth Solidarity S. 78-80

„… and to distribute the instruments as fairly as possible. For example, what state mechanisms achieve in …” „… neighbourhoods. The new law on private pension schemes will ask life insurers to disclose their investment …” „… from feudal times. Such luxury is not permissible in times of increased competition. State backed …”

A Year of Auditors and Authorities S. 138-139

„… 138 2005 – Farewell to the State A Year of Auditors and Authorities 2005 was a difficult year for …” „… consumers and the economy, or production of an acrossthe-board e-learning system on consumer law and …” „… principle of indebtedness on initiation of a contract should also apply under public law. The procurement …”

Discrimination of Asocial Conduct creates Social Behaviour S. 70-71

„… by the state or foundations (micro-lending, community development financial institutions, social …” „… latent power of consumers and legislators, of state intervention in the 71 form of subsidies and of the …” „… law as agency for imposing liability. Discrimination against asocial conduct creates social content …”

English Publications (only books) S. 144

„… Consumer Redress: The Use of Consumer Protection Law in Out- of- Court Dispute Resolution; Group actions …” „… (amended by 90/88) on Consumer Credit in the member states : Consumer Credit in Germany …” „… matiere de credit a la consommation 1991 The Distinctive Role of Jewish Lawyers in Germany from 1890 to …”

Current International Projects 2007 S. 146

„… Commission - Cross Border Selling Directive / Study European Consumer Debt Net EuSoCo European Contract Law …” „… Enterprise OECD, Paris United States Agency for International Development (USAID) World Bank, Washington D.C. …”

Principals (International Organisations) S. 146

„… Commission - Cross Border Selling Directive / Study European Consumer Debt Net EuSoCo European Contract Law …” „… Enterprise OECD, Paris United States Agency for International Development (USAID) World Bank, Washington D.C. …”

No Capital – no Demand S. 72-75

„… things, to people's origins and to the State, dwindle. People now barely distinguish between themselves …” „… or inherited", but only "made available" for use (84), and in which everything is subject to the law …” „… values, power - for many Americans the supposed collapse of society is unstoppable. The State is breaking …”

More Power to the Banks S. 93-95

„… financial services of the future. We have been continually learning from the United States about new …” „… public bodies, structural changes in former State services, reorganisation of pension provision, massive …” „… trust, politics, law and morals, equally in rate of growth, technology and unforeseen events …”

More Openness in the Banking Sector S. 141

„… 141 ing states by corrupting their wealthy elites with low-taxation and bank secrecy offers). We …” „… consumer protection in relation to financial services in the areas of the law, business and NGOs …”

International Challenge S. 115-117

„… are the privatization of state owned financial institutions (e.g. Postbank) and safeguards for their …” „… into a legal defined network of mutual and state support is another interesting task. Our software on …” „… magazine Stiftung Warentest). Our ideas on how private law may incorporate and reward socially responsible …”

Financial Services and Poverty S. 78

„… and to distribute the instruments as fairly as possible. For example, what state mechanisms achieve in …” „… neighbourhoods. The new law on private pension schemes will ask life insurers to disclose their investment …”

The Ethical Personality and Actions S. 21-23

„… social disadvantage is systematically exploited for profit, and this point is also reached where the law …” „… were left only to the mercy of state agencies. Increasingly private business itself asks for a more …” „… control the pursuit of profit itself. Their cost can be transferred to the state without difficulty, and …”

Time-Management at iff S. 129-130

„… und Recht (Consumers and the Law), we have developed a new structure and additional contents in …” „… ), Efficiency of the Self-regulation of the Mortgage Industry in EU-Member States (EU DG SANCO/DG Market …”

Iff Publications S. 121-122

„… compensatory state action. Public Interest Organisations In 1999 a major activity undertaken by IFF consisted …” „… where suppliers try to exploit a lack of education or ignorance about the law and short term attitudes …”

Our Services S. 137-138

„… council of experts. 138 2005 – Farewell to the State A Year of Auditors and Authorities 2005 was a …” „… consumers and the economy, or production of an acrossthe-board e-learning system on consumer law and …” „… ), were also very positive. Our Services Our calculation service for consumers and lawyers was extended …”

Expansion of the FIS-Database S. 118-119

„… level with further developments hopefully arising soon in France and Belgium, where data on credit law …” „… suppliers of information such as state agencies and commercial financing institutions. We hope that each …” „… lawyers where they may introduce themselves in a special section under our choice of headings. This will …”

How far can the State correct Deficiencies of the Market? S. 105-106

„… 105 How far can the State correct Deficiencies of the Market? Unlike the US the tradition of …” „… European states lies in the welfare state. Wherever there was not enough profit to guarantee socially …” „… necessary investments the important redistribution mechanism of the biggest enterprise in society, the state …”

Encapsulated Bank Business S. 109-111

„… the role of the state to induce the banking financial services industry to take care of social goals …” „… the European treaty. But the welfare state is no legitimation in itself. Whereever private economy is …” „… pragmatic. The retreat of the welfare state is a fact. The same is true for the liberalisation of the …”

The Political Agenda S. 106-107

„… been organized to speculate about the question whether this policies will lead to a lean state and to …” „… more self help or towards the distruction of the welfare state, whether privatisation and subsidiarity …” „… of state action and private economy is necessary, logical and consequent or dangerous and …”

Self-help through Market Forces? S. 106

„… been organized to speculate about the question whether this policies will lead to a lean state and to …” „… more self help or towards the distruction of the welfare state, whether privatisation and subsidiarity …” „… of state action and private economy is necessary, logical and consequent or dangerous and …”

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