European Union Law for International Business

An Introduction
Author: Bernard Bishop
Publisher: Cambridge University Press
ISBN: 113948091X
Category: Law
Page: N.A
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Written specifically for exporters and those without legal training, this book is an introduction to the business laws of the European Union that need to be understood by those operating outside the EU. It is a practical guide to the regulatory and procedural issues that exporters and businesses need to be aware of. While providing an overview of how the EU operates as a governing body, the book addresses the key matters that exporters will face during their business transactions. Topics covered include: • Direct export transactions to the EU • Exporting via an agent or distributor • Customs laws and procedures • Resolving international business disputes • How to establish a permanent business presence within the EU The book uses case studies to illustrate how these transaction types can be applied to real world business dealings. It is an essential resource for anyone involved in international business with customers in the European Union.

The Law of Letters of Credit and Bank Guarantees

Author: Agasha Mugasha
Publisher: Federation Press
ISBN: 9781862872202
Category: Law
Page: 312
View: 6352

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The aim of this book is to present the Australian law of letters of credit and bank guarantees. It inexorably presents overseas literature as well because the subject is by nature international and comparative, and Australian courts readily cite overseas literature, particularly from the United States, England and Canada. Hence the book focuses on the available Australian literature and utilizes some limited overseas authorities which make Australian law whole and the book more understandable. - From the Preface

The Fraud Rule in the Law of Letters of Credit:A Comparative Study

Author: Xiang Gao
Publisher: Kluwer Law International
ISBN: 9041198989
Category: Law
Page: 203
View: 3477

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"Dr. Gao finds the best provisions and practices in respect of the fraud rule in the United States, the United Kingdom, Canada, and Australia, and applies these standards to the reformulation of the fraud rule in the PRC. In the process be surveys the entire field of the fraud rule in the law of letters of credit in its substantive aspects, thus going deeper than mere banking law analyses and revealing, for the benefit of jurists everywhere, the fundamental legal issues that must underlie all sound judicial reasoning in the area. In more practical terms, this approach also allows judges to meet their essential responsibility - that of giving an answer when a case is put before them - with the widest and best possible degree of discernment."--BOOK JACKET.

American Leading Cases

Being Select Decisions of American Courts, in Several Departments of Law, with Especial Reference to Mercantile Law : with Notes
Author: Horace Binney Wallace
Publisher: N.A
Category: Commercial law
Page: N.A
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American International Law Cases Fourth Series

Author: Oceana Editorial Board
Publisher: N.A
ISBN: 0199758921
Page: 362
View: 4532

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AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims,the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportationprocedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, addedtopic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component ofAILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject indexto allow for targeted research. Volume Eight of AILC involves issues involving aliens, such as deportation, extradition, aiding and transporting illegal aliens, and border entry. It also includes issues in international courts and issues surrounding war, belligerency, and neutrality. In Gherebi v. Obama, the petitioners,detainees at Guantanamo Bay, challenge the legality of their confinement by the government, seeking the issuance of writs of habeas corpus to secure their release from detention. The issue was whether the President has the authority to detain individuals as part of its ongoing military campaignagainst al-Quaeda and, if so, what is the scope of that authority. In Vinyls, Inc. v. United States, the issue was whether the Court of International Trade correctly concluded that the imported product, whose textile component is made entirely of man-made fibers, is a "product with textilecomponents in which man-made fibers predominate by weight over another single textile fiber." The court concluded that the Court of International Trade Correctly classified the subject goods.

Standby and Commercial Letters of Credit

Author: Brooke Wunnicke,Paul S. Turner
Publisher: Aspen Publishers Online
ISBN: 0735517339
Category: Business & Economics
Page: 1478
View: 9166

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Standby and Commercial Letters of Credit, Third Edition alerts you to current developments and discusses the recent UCP600, former UCP500, ISP98, UCC Article 5, and current trade practices and problems. The authors review letter of credit law and practices, helping to resolve concerns of applicants, beneficiaries, and issuers. This essential resource includes: Sample forms and clauses, procedures and checklists Current court cases and extensive Table of Cases What can happen to letters of credit in bankruptcy and insolvency proceedings Fraud and injunction nightmares Cross-reference table UCP600 and UCP500 Strategies for bank reimbursement agreements Standby and Commercial Letters of Credit, Third Edition gives you immediate guidance when you need it most. And it supplies real-world letters of credit situations, with analyses of what was done right and wrong.

Principles of Banking Law

Author: Ross Cranston
Publisher: Oxford University Press
ISBN: 0199276080
Category: Business & Economics
Page: 520
View: 5815

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Written by leading figures in the field, this third edition of the Principles of Banking Law provides an authoritative account of the subject, incorporating all significant changes in banking law, regulation, and practice that have occured since the publication of the second edition in 2002. The authors offer a thoughtful and contextual treatment of domestic and international banking and financial services law, with in-depth expert coverage ofglobal bank regulation, payment systems, lending, and trade finance.

The banking law in theory and practice

a comparative study of the English and Indian law of banking
Author: Satya Narain Gupta,Rajesh Gupta,Sanjay Gupta (Advocate.)
Publisher: N.A
Category: Law
Page: 1269
View: 3620

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Shipping and Commercial Case Law

Author: Albert Badia
Publisher: MARGE BOOKS
ISBN: 8415340842
Category: Law
Page: 289
View: 7702

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250 leading cases of the High Courts of England and the European Court of Justice. This book contains summaries of 250 cases related to international trade and carriage of goods by sea. Each case is presented with an abstract of the factual background and the key findings of the court. All the cases relate to disputes decided by the High Courts of England or by the European Court of Justice, the knowledge of which is a must for any practitioner in this area. The issues referred to in the cases relate to contracts of carriage on bills of lading, waybills and charterparties, as well as to international trade instruments like sale contracts, letters of credit, performance bonds, indemnities and agency. There is also wide reference to ship arrests, limitation of liability, injunctions, choice of law, arbitration and jurisdiction. Full consideration is given to the Hague-Visby Rules, the Carriage of Goods by Sea Act, the Sale of Goods Act, Incoterms and UCP for Documentary Credits. Albert Badia is a practicing solicitor in England and Wales. He has acted as Counsel in many disputes and has been appointed as arbitrator in commercial matters.

Standby Letters of Credit in International Trade

Author: Ramandeep Kaur Chhina
Publisher: N.A
ISBN: 9789041145604
Category: Law
Page: 229
View: 3319

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This thesis puts forward two principal arguments. First, it argues that commercial letters of credit and standby letters of credit should not be treated on an equal footing. They are, and should be, treated as two separate undertakings with respect to the application of the fraud exception. Secondly, the thesis argues that there should be a 'wider' fraud exception for standby letters of credit; however, the need is to explore how wide that fraud exception should be. To support the arguments of this thesis, the study examines the application of the fraud exception in four major jurisdictions: the US, England, Canada and Australia. Out of these four jurisdictions, two - the US and Canada - have been expressly applying the wider fraud test to standby letters of credit and the other two have traditionally applied the more stringent fraud test to standby credits. The research will compare and critically examine these four jurisdictions' approaches to their different tests of the fraud rule to standby letters of credit, and argue that the fraud rule for standby letters of credit should neither be too narrow ('fraud in documents') nor should it be too wide (fraud in the inducement or unconscionable conduct or bad faith). It is argued that standby letters of credit are more abstract than commercial letters of credit; therefore, protecting the principle of the autonomy of these independent undertakings is of paramount importance. The study argues that even the wider fraud exception (the 'fraud in the transaction' defence) should be given a narrow meaning: in order to protect the independence of standby credits, it should be confined to cases in which the beneficiary had 'no bona fide belief in the validity of its claim. The thesis clearly shows that the wider 'fraud as no bona fide claim' is an appropriate fraud defence for standby letters of credit whereas for commercial letters of credit the fraud exception should be narrowly confined to 'fraud in documents', which is arguably an appropriate test for these undertakings.

A Matter of Interpretation: Federal Courts and the Law

Federal Courts and the Law
Author: Antonin Scalia
Publisher: Princeton University Press
ISBN: 1400882958
Category: Law
Page: 200
View: 9613

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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

Fundamentals of International Business Transactions

Author: Ronald A. Brand
Publisher: Kluwer Law International
ISBN: 9041196323
Category: Business & Economics
Page: 1371
View: 338

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There are many guides to the conduct of international business transactions, but none as comprehensive and detailed as this. It clearly identifies in great depth the many sources of risk in cross-border transactions, analyzes the legal instruments that provide protection to the parties, and describes the practical means--institutional, purchased, and negotiated--of reducing, reallocating, and perhaps even eliminating risks. Each chapter covers a distinct element of risk, with insightful commentary on the relevant national, regional, and international laws and detailed analyses of leading and defining cases from many jurisdictions and international courts, as well as considerations of significant scholarly contributions and guidance through insurance options and matters for negotiation. Beginning with the entry-level commercial transaction and letter of credit financing, the author moves through issues of commercial law, dispute resolution, sovereign involvement, public international law, antitrust law, and taxation. Along the way, he highlights types of transaction to which host country law has special application. The crucial issues of jurisdiction, choice of forum in dispute resolution, recognition and enforcement of judgments, foreign currency judgments, and defenses against claims of sovereign immunity all arise in context with detailed critical analysis and commentary. Other matters covered include the commercial and political risk insurance provided by such US agencies as the Export-Import Bank and the Overseas Private Investment Corporation (OPIC), and the protection for investors offered by the International Centre for Settlement of Investment Disputes (ICSID), and the draft Multilateral Treaty on Investment (MAI).

Overruled: The Long War for Control of the U.S. Supreme Court

Author: Damon Root
Publisher: St. Martin's Press
ISBN: 1137474688
Category: Political Science
Page: 288
View: 6928

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Should the Supreme Court defer to the will of the majority and uphold most democratically enacted laws? Or does the Constitution empower the Supreme Court to protect a broad range of individual rights from the reach of lawmakers? In this timely and provocative book, Damon Root traces the long war over judicial activism and judicial restraint from its beginnings in the bloody age of slavery, the Civil War, and Reconstruction to its central role in today's blockbuster legal battles over gay rights, gun control, and health care reform. It's a conflict that cuts across the political spectrum in surprising ways and makes for some unusual bedfellows. Judicial deference is not only a touchstone of the Progressive left, for example, it is also a philosophy adopted by many members of the modern right. Today's growing camp of libertarians, however, has no patience with judicial restraint and little use for majority rule. They want the courts and judges to police the other branches of government, and expect Justices to strike down any state or federal law that infringes on their bold constitutional agenda of personal and economic freedom. Overruled is the story of two competing visions, each one with its own take on what role the government and the courts should play in our society, a fundamental debate that goes to the very heart of our constitutional system.