We are facing a fresh water crisis during this century. In less than two decades, by 2030, the requirements for fresh water are expected to exceed the currently available and accessible fresh water supplies by 40%. Many countries are expected to be water stressed later in this century; some...

In this chapter’s analysis of ICC arbitral awards, two different interpretations of usages can be observed: on the one hand, the strict notion of a trade usage as a repeated practice; on the other, a broad notion of usage as encompassing both traditional trade usages and general principles of...

If a dispute between commercial parties reaches the stage of arbitration, the cause is usually ambiguous contract terms, and the arbitrator often resolves the dispute by applying trade usages, either to interpret the ambiguous terms or to determine what the given contract’s terms really are....

As a new international economic policy, microtrade will face a whole host of issues, including potential legal cultural obstacles. Those legal cultural issues will arise as a result of the different and sometimes conflicting legal cultures of the varied participants within the different fora and...

In Beijing Metals & Minerals Import/Export Corp. v. American Business Center, Inc., the Fifth Circuit held that the parol evidence rule applies to contracts governed by the Convention on the International Sale of Goods. Perhaps because the court reached this conclusion without any recorded...

Trade regulation may never have been in more flux than it is now. Other than the emergence of ‘megaregionals' (such as the Transatlantic Trade and Investment Partnership-TTIP or the Trans-pacific Partnership-TPP) and the difficulties in finalizing the Doha Development Agenda, increased...

The term "international economic law" is coming into wider use. This essay suggests that the rise of "international economic law" is less a result of external changes in rules and institutions than of internal changes in perception, especially about scholarship. The growing use of "international...

This paper focuses on Articles 45, 46 and 28 of the CISG - provisions that, despite their importance in the substantive scheme of the Convention, have not generated a great deal of case law or controversy. Article 45, the lead provision of Section III (quot;Remedies for Breach of Contract by the...

This Article observes that the recent jurisprudence between international trade and investment law is converging in a way which the free market value and public interests are duly reconciled. The Article contends that such jurisprudential convergence is structurally preordained yet historically...