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The law of international trade
The law of international trade

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  • 电子书积分:12 积分如何计算积分?
  • 作 者:Bernardette Griffin.
  • 出 版 社:Oxford University Pres
  • 出版年份:2003
  • ISBN:9780406921833;0406921830
  • 页数:347 页
图书介绍:
《The law of international trade》目录
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Chapter 1 The outline of the transaction 1

The problems of intemational sales 1

The outline of the transaction 3

The sale contract and the parties 3

Forms of overseas sale contracts 4

The contract of carriage 7

Carriage by sea 7

Carriage by air and land 8

Combined transport 9

The insurance of goods in transit 9

Payment arrangements 10

Chapter 2 The carriage of goods by sea 13

Carriage in a general ship 13

The bill of lading and the contract of carriage 15

The bill of lading as a receipt 16

Statement of quantity 17

Statement of condition 18

Statement of leading marks 20

The bill of lading as a document of title 21

An electronic bill of lading 23

The Carriage of Goods by Sea Act 1992 25

Other documents 26

Mate’s receipt 26

Sea way-bill 27

Delivery orders 27

The carrier’ s responsibilities under a bill of lading 29

Seaworthiness 29

Deviation 32

Delay 34

Care of the cargo 34

Discharge of cargo 38

Limitation of liability 39

Variation of liability 41

Limitation of action 41

Third parties and the contract 41

The shipper’s responsibilities 43

Freight 43

Dangerous goods 43

General average 44

Charterparties 46

Voyage charterparties 46

Time charterparties 47

Bills of lading and charterparties 47

The Hamburg Rules 48

Limitations 50

Bills of lading 50

Chapter 3 Sale contracts based on sea carriage 51

FoB contracts 52

The goods 54

The port of loading 55

The nomination of the ship 56

Delivery 57

Loading 58

The passing of property 59

Risk 62

Buyer or seller as shipper 62

Freight and bills of lading 63

Administrative duties and payments 63

Payment 64

FAS contracts 64

CIf contracts 65

CIf and FoB 65

CIf and variations 67

A sale of documents? 70

Shipment 72

Appropriation 74

The documents in CIF contracts 77

The tender of the documents 89

The passing of property 90

Risk 95

Payment 96

Arrival (ex-ship) contracts 97

Free delivered 98

Chapter 4 Carriage by air and land and sale contracts based thereon 101

The intemational conventions 101

Carriage by air 102

The Warsaw Convention 1929 103

The Warsaw Convention 1955 108

Non-convention carriage rules 109

IATA conditions 110

The Montreal Convention 1999 110

Sale contracts based on carriage by air 110

Carriage by land:road 111

The CMR Convention 1956 111

Sale contracts based on road carriage 115

Carriage by land: rail 115

The CIM Convention 1970 115

Sale contracts based on rail carriage 116

Free on rail (FOR) 116

Free on truck (FOT) 117

Chapter 5 Combined transport 119

General 119

The problems of combined transport 121

Documents 121

Liability 124

Combined transport and established contracts 125

The problems of containers 127

Combined transport and documentary credits 128

Combined transport regulation 128

Documents 129

Carrier’s liability 129

Limitation of liability 129

Liability of consignor 130

Limitation of action 130

Sale contracts based on combined transport 130

Chapter 6 Insurance in the international sale transaction 133

The insurance of goods in transit 133

The insurable interest 134

Assignment of interest and policy 136

Disclosure of material facts 138

Representations 143

Warranties 144

The description of the goods 145

Types of policy 148

Loss and proximate cause 151

Types of loss 153

Actual total loss 153

Constructive total loss 154

Partial loss 156

Special contractual arrangements 159

The period of cover 160

The risks covered 160

Subrogation and double insurance 162

Underinsurance 163

Insurance by the ECGD 163

Comprehensive short term guarantees 165

Assignment and direct guarantees 166

Chapter 7 Payment in international sales 169

Bills of exchange 169

Direct payment 170

Collection 171

Documentary credits 173

General 173

Types of documentary credits 175

The relationship of the parties 178

The opening of the credit 179

The tender of documents 183

Electronic documents 188

Establishment of a credit as payment 189

Expiry 191

Assignment and transfer of credits 191

Chapter 8 Disputes in international transactions 195

The conflict of laws 195

The problem of conflict 195

The proper law of the contract 196

The parties’ choice of law 197

Inferring the proper law 199

Foreign illegality 200

Proceedings and jurisdiction 202

Defendants outside the jurisdiction 202

The freezing injunction 204

European rules on jurisdiction 204

Sovereign immunity 205

The Protection of Trading Interests Act 1980 206

Arbitration 206

Arbitration and litigation 206

The Arbitration Act 1996 207

Appointment of arbitrators 208

Arbitration agreements 209

Arbitrators’ powers 210

English arbitration and appeals 210

Exclusion of appeal 211

Appeals from arbitration 212

ICC Court of Arbitration 213

Enforcement of foreign judgments and awards 214

Judgments 214

Arbitration awards 214

Chapter 9 European Community law and international sales 215

Disputes 215

The Rome Convention 215

Jurisdiction and enforcement of judgments within the EC 216

Regulation of the courts’jurisdiction 218

The free movement of goods 220

Documentation for Community Transit 220

Community Transit 221

EC preferential tariff treatment 222

Appendix 1 Specimen form of bill of lading 223

Appendix 2 Carriage of Goods by Sea Act 1992 227

Appendix 3 Carriage of Goods by Sea Act 1971 and the Hague-Visby Rules 233

Appendix 4 The Hamburg Rules 245

Appendix 5 The Warsaw Conventions 265

Appendix 6 UNCTAD/ICC Rules for multimodal transport documents 279

Appendix 7 Sale of Goods Act 1979 287

Appendix 8 Sale of Goods (Amendment) Act 1995 293

Appendix 9 The Institute Cargo Clauses 297

Appendix 10 ICC Uniform Customs and Practice for Documentary Credits 307

Index 339

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