Introduction 1
1 International Sale of Goods under Domestic Law 3
Introduction 3
Conventions relevant to international sale of goods 4
Effect of customs 6
Relevance of domestic law 6
What is an international sale of goods? 8
Application of Incoterms 2000 in international sales 9
Legal framework for international sale of goods in Australia 37
International sale of goods and general contract law 38
International sale of goods and the Australian sale of goods legislation 40
International sale of goods and the Chinese Code of Contract Law 57
2 Contracts of Sale under the CISG 77
Introduction 77
Application of the Convention 78
Modifying or varying the effect of the provisions of the Convention 85
Formation of a contract 87
Fundamental breach under the Convention 96
Performance of contract 101
Remedies 133
The passing of risk under the Convention 163
Preservation of goods under the Convention 167
Conclusion:potential use of the Convention through modification and interpretation 171
Incorporation of the Convention into Australian law 175
Constitutional implications of the CISG 175
3 Contracts Relating to Intellectual Property 177
Introduction 177
A brief description of intellectual property 178
Franchising agreements 178
Licensing agreements 192
Distribution agreement 202
Transfer of technology agreements 208
E-commerce 215
4 Contracts for Carriage by Sea,Air and Land 223
Introduction to the Law of Carriage 223
Carriage of goods by sea 228
Contracts for the carriage of goods by air 296
Contracts for carriage by land 329
Carriage of goods by multimodal transport 351
5 Means of Payment in International Trade 358
Overview 358
The major concerns in effecting payment in international trade 358
The basic methods of payment in international trade 359
International legal framework for payment in international transactions 360
Means of payment under domestic law 363
Defining terms in effecting payment 366
Payment by cash in advance 371
Payment by open account 371
Payment by collection 372
Payment by way of documentary credit 397
Means of payment under the UN Conventions 426
6 Introduction to International Banking and Financing 438
Review of international banking and financing system 438
International financial centres and international finance 441
Issue of bonds and international finance 442
International syndicated loans and international finance 456
The International Monetary Fund and international finance 459
Exchange control and international finance 461
Foreign exchange risks 462
Factoring in international trade 470
Leasing in international trade 476
Forfaiting in international trade 482
7 Marine Insurance,Aviation Insurance and International Trade 486
Introduction 486
Explaining marine insurance 487
General principles for the making of a marine insurance contract 493
Making of a cargo insurance contract 494
Making of a hull insurance contract 496
Legal framework for international marine insurance 496
Explaining an insurable interest 499
Explaining 'marine risks' 501
Categories of marine insurance contracts 504
Forms of marine insurance documents 508
Assured's duty to disclose the relevant information 510
Insurer's duties and inherent vice 514
Broker's duties to assured and insurer 515
Reinsurance and insurer's liability 516
Burden of proof as to the cause of the loss 517
Included and excluded losses 518
Categories of losses 521
Determination of indemnity 523
Assignment of policy 527
Insurer's right of subrogation 527
Aviation insurance 528
8 Foreign Investment Law 538
Introduction 538
Explaining foreign investment 540
Relationships between foreign investment and host country 541
Forms of foreign investment 543
International legal framework for foreign investment 550
The WTO and foreign investment 564
Selected issues for the regulation of foreign investment 572
Means for protection of foreign investment 574
International Court of Justice and foreign investment 576
9 The World Trade Organisation 578
Introduction 578
A brief history of the WTO 578
Major functions of the WTO 579
The WTO Agreement and its annexes 581
Structure of the WTO 582
General Agreement on Tariffs and Trade 588
GATT Agreement 590
General Agreement on Trade in Services(GATS) 607
TRIPs Agreement 613
Dispute settlement within the WTO 617
The WTO and competition law 628
The WTO and other international trade organisations 630
10 Regional Trade Organisations 631
Introduction 631
The European Union 631
Asia Pacific Economic Cooperation(APEC) 644
Association of South East Asian Nations(ASEAN) 648
North America Free Trade Agreement(NAFTA) 652
Australia-New Zealand Closer Economic Relations 657
11 International Commercial Litigation and Conflict of Laws 660
Defining international trade and commercial disputes 660
Resolving disputes between governments 661
Resolving disputes involving private parties 662
Defining the means of dispute settlement 662
Defining international commercial litigation 664
Domestic courts and international commercial litigation 665
Functions of the courts in international commercial litigation 666
Contract disputes and conflict of laws 667
Tortious disputes and conflict of laws 675
Certain exceptions 677
Disputes relating to real estate and conflict of laws 678
Disputes relating to chattels personal and conflict of laws 679
Enforcement of foreign judgment 681
Enforcement of foreign judgments in Australia 684
12 Alternative Means of Settling International Commercial Disputes 690
Defining alternative means 690
Defining international commercial arbitration 690
Legal framework for international commercial arbitration 693
The Hague Conventions 704
Major international arbitral institutions and their functions 705
Major procedural issues in international commercial arbitration 712
The New York Convention and international commercial arbitration 722
International commercial arbitration and the CISG 729
Other alternative methods of settling international commercial disputes 730
Index 733