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Introduction1

1 International Sale of Goods under Domestic Law3

Introduction3

Conventions relevant to international sale of goods4

Effect of customs6

Relevance of domestic law6

What is an international sale of goods?8

Application of Incoterms 2000 in international sales9

Legal framework for international sale of goods in Australia37

International sale of goods and general contract law38

International sale of goods and the Australian sale of goods legislation40

International sale of goods and the Chinese Code of Contract Law57

2 Contracts of Sale under the CISG77

Introduction77

Application of the Convention78

Modifying or varying the effect of the provisions of the Convention85

Formation of a contract87

Fundamental breach under the Convention96

Performance of contract101

Remedies133

The passing of risk under the Convention163

Preservation of goods under the Convention167

Conclusion:potential use of the Convention through modification and interpretation171

Incorporation of the Convention into Australian law175

Constitutional implications of the CISG175

3 Contracts Relating to Intellectual Property177

Introduction177

A brief description of intellectual property178

Franchising agreements178

Licensing agreements192

Distribution agreement202

Transfer of technology agreements208

E-commerce215

4 Contracts for Carriage by Sea,Air and Land223

Introduction to the Law of Carriage223

Carriage of goods by sea228

Contracts for the carriage of goods by air296

Contracts for carriage by land329

Carriage of goods by multimodal transport351

5 Means of Payment in International Trade358

Overview358

The major concerns in effecting payment in international trade358

The basic methods of payment in international trade359

International legal framework for payment in international transactions360

Means of payment under domestic law363

Defining terms in effecting payment366

Payment by cash in advance371

Payment by open account371

Payment by collection372

Payment by way of documentary credit397

Means of payment under the UN Conventions426

6 Introduction to International Banking and Financing438

Review of international banking and financing system438

International financial centres and international finance441

Issue of bonds and international finance442

International syndicated loans and international finance456

The International Monetary Fund and international finance459

Exchange control and international finance461

Foreign exchange risks462

Factoring in international trade470

Leasing in international trade476

Forfaiting in international trade482

7 Marine Insurance,Aviation Insurance and International Trade486

Introduction486

Explaining marine insurance487

General principles for the making of a marine insurance contract493

Making of a cargo insurance contract494

Making of a hull insurance contract496

Legal framework for international marine insurance496

Explaining an insurable interest499

Explaining 'marine risks'501

Categories of marine insurance contracts504

Forms of marine insurance documents508

Assured's duty to disclose the relevant information510

Insurer's duties and inherent vice514

Broker's duties to assured and insurer515

Reinsurance and insurer's liability516

Burden of proof as to the cause of the loss517

Included and excluded losses518

Categories of losses521

Determination of indemnity523

Assignment of policy527

Insurer's right of subrogation527

Aviation insurance528

8 Foreign Investment Law538

Introduction538

Explaining foreign investment540

Relationships between foreign investment and host country541

Forms of foreign investment543

International legal framework for foreign investment550

The WTO and foreign investment564

Selected issues for the regulation of foreign investment572

Means for protection of foreign investment574

International Court of Justice and foreign investment576

9 The World Trade Organisation578

Introduction578

A brief history of the WTO578

Major functions of the WTO579

The WTO Agreement and its annexes581

Structure of the WTO582

General Agreement on Tariffs and Trade588

GATT Agreement590

General Agreement on Trade in Services(GATS)607

TRIPs Agreement613

Dispute settlement within the WTO617

The WTO and competition law628

The WTO and other international trade organisations630

10 Regional Trade Organisations631

Introduction631

The European Union631

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 Relations657

11 International Commercial Litigation and Conflict of Laws660

Defining international trade and commercial disputes660

Resolving disputes between governments661

Resolving disputes involving private parties662

Defining the means of dispute settlement662

Defining international commercial litigation664

Domestic courts and international commercial litigation665

Functions of the courts in international commercial litigation666

Contract disputes and conflict of laws667

Tortious disputes and conflict of laws675

Certain exceptions677

Disputes relating to real estate and conflict of laws678

Disputes relating to chattels personal and conflict of laws679

Enforcement of foreign judgment681

Enforcement of foreign judgments in Australia684

12 Alternative Means of Settling International Commercial Disputes690

Defining alternative means690

Defining international commercial arbitration690

Legal framework for international commercial arbitration693

The Hague Conventions704

Major international arbitral institutions and their functions705

Major procedural issues in international commercial arbitration712

The New York Convention and international commercial arbitration722

International commercial arbitration and the CISG729

Other alternative methods of settling international commercial disputes730

Index733