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Unique in its breadth, this book undertakes a comparative analysis of the ways in which legal systems in all regions of the world deal with agreed sums payable upon breach of an obligation. The book shows divergences and convergences and indicates trends as to the future development of the law. It also deals with the treatment of agreed sums under the 1980 UN Convention on Contracts for the International Sale of Goods (CISG), offering the first comprehensive solution to this issue based on comparative analysis. For practitioners as well as researchers, this book is a valuable source of informa

Breach of contract. --- Liquidated damages. --- Damages --- Penalties, Contractual --- Breach of contract --- Non-performance (Law) --- Contracts --- Discharge of contracts --- Law and legislation

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This book is the product of a unique collaboration between Mainland Chinese scholars and scholars from the civil, common, and mixed jurisdiction legal traditions. It begins by placing the current Chinese Contract Law (CCL) in the context of an evolutionary process accelerated during China's transition to a market economy. It is structured around the core areas of contract law, anticipatory repudiation (common law) and defense of security (German law); and remedies and damages, with a focus on the availability of specific performance in Chinese law. The book also offers a useful comparison between the CCL and the UNIDROIT Principles of International Commercial Contracts, as well as the Convention on Contracts for the International Sale of Goods. The analysis in the book is undertaken at two levels - practical application of the CCL and scholarly commentary.

Contracts --- Performance (Law) --- Contracts. --- Agreements --- Contract law --- Contractual limitations --- Limitations, Contractual --- Commercial law --- Legal instruments --- Obligations (Law) --- Juristic acts --- Liberty of contract --- Third parties (Law) --- Mora (Civil law) --- Debtor and creditor --- Discharge of contracts --- Extinguishment of debts --- Law and legislation

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Much of international law, like much of contract, is enforced not by independent sanctions but rather through cooperative interaction among the parties, with repeat dealings, reputation, and a preference for reciprocity doing most of the enforcement work. Originally published in 2006, The Limits of Leviathan identifies areas in international law where formal enforcement provides the most promising means of promoting cooperation and where it does not. In particular, it looks at the International Criminal Court, the rules for world trade, efforts to enlist domestic courts to enforce orders of the International Court of Justice, domestic judicial enforcement of the Geneva Convention, the domain of international commercial agreements, and the question of odious debt incurred by sovereigns. This book explains how international law, like contract, depends largely on the willingness of responsible parties to make commitments.

Executions (Law) --- International and municipal law. --- Treaties. --- Breach of contract. --- Breach of contract --- Non-performance (Law) --- Contracts --- Discharge of contracts --- Agreements, International --- Conventions (Treaties) --- International agreements --- Treaties --- International law --- International obligations --- Law --- Municipal and international law --- Civil procedure --- Debtor and creditor --- Judgments --- Writs --- Law and legislation --- Influence --- International law influences --- General and Others

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The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.

Law of obligations. Law of contract --- European law --- Rebus sic stantibus clause --- Vis major (Civil law) --- Contracts --- Breach of contract --- Discharge of contracts --- Clause rebus sic stantibus --- Force majeure --- Contrats --- Inexécution --- Extinction des obligations contractuelles --- Impossibility of performance --- 347.4 <4> --- Act of God --- Accident (Casus fortuitus) --- Extinguishment of debts --- Liability (Law) --- Clausula rebus sic stantibus --- Clauses (Law) --- Frustration of contracts --- Supervening impossibility --- Performance (Law) --- Verbintenissen. Overeenkomsten. Verbintenissenrecht. Obligaties. Contracten--Europa --- Law and legislation --- 347.4 <4> Verbintenissen. Overeenkomsten. Verbintenissenrecht. Obligaties. Contracten--Europa --- Inexécution --- Law --- General and Others

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The World Trade Organization (WTO) is an incomplete contract among sovereign countries. Trade policy flexibility mechanisms are designed to deal with contractual gaps, which are the inevitable consequence of this contractual incompleteness. Trade policy flexibility mechanisms are backed up by enforcement instruments which allow for punishment of illegal extra-contractual conduct. This book offers a legal and economic analysis of contractual escape and punishment in the WTO. It assesses the interrelation between contractual incompleteness, trade policy flexibility mechanisms, contract enforcement, and WTO Members' willingness to co-operate and to commit to trade liberalization. It contributes to the body of WTO scholarship by providing a systematic assessment of the weaknesses of the current regime of escape and punishment in the WTO, and the systemic implications that these weaknesses have for the international trading system, before offering a reform agenda that is concrete, politically realistic, and systemically viable.

Commercial law. Economic law (general) --- Law of international organizations --- World Trade Organization --- Foreign trade regulation --- Arbitration (International law) --- Performance (Law) --- Economic aspects --- Economic aspects. --- World Trade Organization. --- Performance (Law). --- Mora (Civil law) --- Contracts --- Debtor and creditor --- Discharge of contracts --- Extinguishment of debts --- Export and import controls --- Foreign trade control --- Import and export controls --- International trade --- International trade control --- International trade regulation --- Prohibited exports and imports --- Trade regulation --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- Law and legislation --- Biśva Bāṇijya Saṃsthā --- Dėlkhiĭn Khudaldaany Baĭguullaga --- DTÖ --- Dünya Ticaret Örgütü --- Munaẓẓamat al-Tijārah al-ʻĀlamīyah --- O.M.C. --- OMC --- ʻOngkān Kānkhā Lōk --- Organisation mondiale du commerce --- Organização Mundial do Comércio --- Organización Mundial de Comercio --- Organización Mundial del Comercio --- Organizația Mondială de Comerț --- Organizzazione mondiale del commercio --- Organizzazione mondiale per il commercio --- Qaṅgkār Bāṇijjakamm Bibhab Lok --- Sāzmān-i Tijārat-i Jahānī --- Shi jie mao yi zu zhi --- SOT --- Světová obchodní organizace --- Svitova orhanizat︠s︡ii︠a︡ torhivli --- Światowa Organizacja Handlu --- Tổ chức thương mại thế giới --- Viśva Vyapāra Saṅgaṭhana --- Vsemirnai︠a︡ torgovai︠a︡ organizat︠s︡ii︠a︡ --- VTO --- W.T.O. --- Welthandelsorganisation --- World Trade Organisation --- WTO --- منظمة التجارة العالمية --- 世界貿易組織 --- 世界贸易组织 --- General Agreement on Tariffs and Trade (Organization) --- Foreign trade regulation - Economic aspects --- Arbitration (International law) - Economic aspects --- Law --- General and Others --- Dispute resolution (Law)