United Nations Convention on Contracts for the International Sale of Goods. Article 34 


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United Nations Convention on Contracts for the International Sale of Goods. Article 34



Article 74Damages for breach of contract by one party consist of a sum equal to the loss, including loss of profit, suffered by the other party as a consequence of the breach. Such damages may not exceed the loss which the party in breach foresaw or ought to have foreseen at the time of the conclusion of the contract, in the light of the facts and matters of which he then knew or ought to have known, as a possible consequence of the breach of contract.

10.Mr. Shakhnazarov, a businessman from the city of Almaty, has signed a contract for the purchase of crawler cranes with Mr. Finokkio of Genoa. The contract was signed on the condition of FAS and regulated by the UN Convention. Sh had to take care of hiring a ship that came to the port of Genoa to pick up goods at the designated date. Finokkio cranes delivered to the port, and prepared them to be loaded on the appointed day, but when the ship could carry them. Mr. F. immediately contacted Mr S., who said, maybe it was a mistake, but Finokkio also to blame, because it does not explain exactly what it is necessary for the transport ship cranes. Sh has to send another ship that will arrive in two weeks, but the FA accused of violating Sh contractual obligations and threatens to break the contract. Mr. S., having your client asks you if he can in such a case to sue the Finokkio and force him to perform the contract. If so, on what basis, and who will pay for the forced storage of cranes in the port and the first flight of an empty vessel?

 

An Incoterm (FAS) that means the seller is responsible for the cost of transporting and delivering goods alongside a vessel in a port in his or her country. Since the buyer has responsibility for export clearance under FAS, it is not a practical Incoterm for U.S. exports. FAS should be used only for ocean shipments since risk and responsibility shift from seller to buyer when the goods are placed within the reach of the ship's tackle (crane).

UNITED NATIONS CONVENTION ON THE CARRIAGE OF GOODS BY SEA Chapter 5 Liability of the Carrier for Loss, Damage or Delay Article 17. Basis of liability 1. The carrier is liable for loss of or damage to the goods, as well as for delay in delivery, if the claimant proves that the loss, damage, or delay, or the event or circumstance that caused or contributed to it took place during the period of the carrier’s responsibility as defined in chapter 4.

2. The carrier is relieved of all or part of its liability pursuant to paragraph 1 of this article if it proves that the cause or one of the causes of the loss, damage, or delay is not attributable to its fault or to the fault of any person referred to in article 18.

3. The carrier is also relieved of all or part of its liability pursuant to paragraph 1 of this article if, alternatively to proving the absence of fault as provided in paragraph 2 of this article, it proves that one or more of the following events or circumstances caused or contributed to the loss, damage, or delay4. Notwithstanding paragraph 3 of this article, the carrier is liable for all or part of the loss, damage, or delay: (a) If the claimant proves that the fault of the carrier or of a person referred to in article 18 caused or contributed to the event or circumstance on which the carrier relies;

11. Mr. Zharkimbekov contracted, adjustable by the UN Convention on the purchase of engineering equipment with Mr. Smith from Montreal. Under the contract, Smith has to deliver 45 new machines on DAF May 16, ie 2 months after signing the contract, at $ 21,000 per machine. First, the goods must be transported by sea in Novorossiysk, and then on the w / e at the designated place on the Kazakhstan border. Transporting generally takes about 30 days. 2 weeks after the May 16 machines still had not arrived in Kazakhstan. Mr. Zharkimbekov could not get an explanation about the delay in the Seller. In its reply by fax Smith said that he loaded the goods on board the ship that according to his information, the goods were shipped in Novorossiysk, and he is not responsible for disruptions in Russian w / e transport. After that Zharkimbekov decides to buy a similar product in Germany at a cost of $ 26,000 per machine. It sends a fax Smith reported on the cancellation of the contract by reason of delay in delivery. But Zharkimbekov wants to know your opinion, as a lawyer, can the Smith court to sue him for breach of contract, and whether Zharkimbekov, in turn, obtained from Smith's compensation for the difference in the purchase price, but the German machines were slightly higher quality.

Article 45

(1) If the seller fails to perform any of his obligations under the contract or this Convention, the buyer may:

(a) exercise the rights provided in articles 46 to 52;

(b) claim damages as provided in articles 74 to 77.

(2) The buyer is not deprived of any right he may have to claim damages by exercising his right to other remedies.

(3) No period of grace may be granted to the seller by a court or arbitral tribunal when the buyer resorts to a remedy for breach of contract.

Article 72

(1) If prior to the date for performance of the contract it is clear that one of the parties will commit a fundamental breach of contract, the other party may declare the contract avoided.

(2) If time allows, the party intending to declare the contract avoided must give reasonable notice to the other party in order to permit him to provide adequate assurance of his performance.

(3) The requirements of the preceding paragraph do not apply if the other party has declared that he will not perform his obligations.

Article 75

If the contract is avoided and if, in a reasonable manner and within a reasonable time after avoidance, the buyer has bought goods in replacement or the seller has resold the goods, the party claiming damages may recover the difference between the contract price and the price in the substitute transaction as well as any further damages recoverable under article 74.

12. Mr. Kurtanov comes to consult with you. He claims that he has a contract which is governed by the UN Convention. He recently traveled to Toronto (Canada), where in one of the stores he saw a sign which read: "Cloaks of" London Fog ", just $ 99 plus a scarf (free)." Mr. Kurtanov went to the store and asked for two cloaks. However, he still got two scarves for a total cost of $ 198. The next day, before fly back to Kazakhstan, Mr. Kurtanov called to the store and said he wanted to sign a contract for a large sum and buy coats 5000 for $ 99 plus free scarves 5000. About transportation, he decided to take care of himself. However, the store clerk laughed and said that Mr. Kurtanov probably joking. Do you think that if Mr. Kurtanov rights, believing that he has a valid contract?

He has not valid contract. Because the store clerk not signed contract. United Nations Convention on Contracts for the International Sale of Goods. Article 18

(1) A statement made by or other conduct of the offeree indicating assent to an offer is an acceptance. Silence or inactivity does not in itself amount to acceptance.

(2) An acceptance of an offer becomes effective at the moment the indication of assent reaches the offeror. An acceptance is not effective if the indication of assent does not reach the offeror within the time he has fixed or, if no time is fixed, within a reasonable time, due account being taken of the circumstances of the transaction, including the rapidity of the means of communication employed by the offeror. An oral offer must be accepted immediately unless the circumstances indicate otherwise.

(3) However, if, by virtue of the offer or as a result of practices which the parties have established between themselves or of usage, the offeree may indicate assent by performing an act, such as one relating to the dispatch of the goods or payment of the price, without notice to the offeror, the acceptance is effective at the moment the act is performed, provided that the act is performed within the period of time laid down in the preceding paragraph.

13.Karimov, a businessman from Kokshetau, traveling with his assistant in Italy. In the Italian city of Firenze they held talks with Mr de Gregorio, the seller of sweets "Raffaello". After the three of them had dinner and thoroughly slightly drunk at a restaurant, De Gregorio said Kazakhstan businessmen that he agrees to sell 60,000 boxes of "Raffaello" for $ 2 per box. He also said that his offer will remain open for 2 months. Mr de Gregorio at this point was completely sober. Karimov said that the proposal is very good, but eventually they will be able to agree on all the details after the return to entrepreneurs Kokshetau and call out to Mr de Gregorio. After two weeks, the Kazakh entrepreneurs called to Italy to get burnt all the details, however, Mr de Gregorio's answer, that he was very drunk at the time when he made the offer, and is therefore void. Whether a Mr de Gregorio withdraw its proposal ago? Will Karimov win the lawsuit, regulirueyas UN Convention if Gregorio admits in court that all of these events actually took place, and he was not drunk?

Article 81

(1) Avoidance of the contract releases both parties from their obligations under it, subject to any damages which may be due. Avoidance does not affect any provision of the contract for the settlement of disputes or any other provision of the contract governing the rights and obligations of the parties consequent upon the avoidance of the contract.

(2) A party who has performed the contract either wholly or in part may claim restitution from the other party of whatever the first party has supplied or paid under the contract. If both parties are bound to make restitution, they must do so concurrently.

15.Mr. Bashkirov comes to you to figure out how to settle his disagreement with the buyer from Iraq, which Bashkirov agreed to supply grain to the FOB, Aktau. Grain must first be transported to the Iranian port, and then from there to Iraq. The contract is governed by the UN Convention. Mr. Bashkirov delivered grain to the port of Aktau, but do not put him on board a vessel arriving from Iran, he signed another contract with another buyer from Iraq, but on the condition DAP, the Iranian border. The second contract is also governed by the UN Convention. Bashkirs asked whether his duty to insure the goods, and whether he had violated its obligations, without filling out the appropriate insurance? What do you advise him? What are the provisions of the Convention are relevant to this issue?

Convention does not regulate the issue of insurance. It only regulates Guarantees by the shipper

UNITED NATIONS CONVENTION ON THE CARRIAGE OF GOODS BY SEA Article 17

Guarantees by the shipper

1. The shipper is deemed to have guaranteed to the carrier the accuracy of particulars relating to the general nature of the goods, their marks, number, weight and quantity as furnished by him for insertion in the bill of lading. The shipper must indemnify the carrier against the loss resulting from inaccuracies in such particulars. The shipper remains liable even if the bill of lading has been transferred by him. The right of the carrier to such indemnity in no way limits his liability under the contract of carriage by sea to any person other than the shipper.

2. Any letter of guarantee or agreement by which the shipper undertakes to indemnify the carrier against loss resulting from the issuance of the bill of lading by the carrier, or by a person acting on his behalf, without entering a reservation relating to particulars furnished by the shipper for insertion in the bill of lading, or to the apparent condition of the goods, is void and of no effect as against any third party, including a consignee, to whom the bill of lading has been transferred.

3. Such letter of guarantee or agreement is valid as against the shipper unless the carrier or the person acting on his behalf, by omitting the reservation referred to in paragraph 2 of this article, intends to defraud a third party, including a consignee, who acts in reliance on the description of the goods in the bill of lading. In the latter case, if the reservation omitted relates to particulars furnished by the shipper for insertion in the bill of lading, the carrier has no right of indemnity from the shipper pursuant to paragraph 1 of this article.

4. In the case of intended fraud referred to in paragraph 3 of this article the carrier is liable, without the benefit of the limitation of liability provided for in this Convention, for the loss incurred by a third party, including a consignee, because he has acted in reliance on the description of the goods in the bill of lading.

16.Seller packaging equipment for food products, the company Jones & CO. Australia has sent the offer to the Purchaser in Kazakhstan, which is a project of the contract. It said that the contract will be governed by the UN Convention specifies the total price of goods $ 1,300, and discuss the condition that Jones is not responsible for damage to the unit after sending the purchase and the Purchaser is not required to provide spare parts. The buyer sent him an acceptance of Kazakhstan, also represents a form of contract, but it said that the seller is responsible for helping to repair the equipment if it breaks, and for the supply of spare parts at cost. The buyer also sent the seller a check for that amount. After that, Jones shipped the equipment. On the same conditions whose contract was signed?

They decided that contract was governed by the UN Convention. And in this case Mr. Alhabra had to require the replacement of the goods. United Nations Convention on Contracts for the International Sale of Goods Article 35

(1) The seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract.

(2) Except where the parties have agreed otherwise, the goods do not conform with the contract unless they: (c) possess the qualities of goods which the seller has held out to the buyer as a sample or model;

(d) are contained or packaged in the manner usual for such goods or, where there is no such manner, in a manner adequate to preserve and protect the goods.

Article 44

Notwithstanding the provisions of paragraph (1) of article 39 and paragraph (1) of article 43, the buyer may reduce the price in accordance with article 50 or claim damages, except for loss of profit, if he has a reasonable excuse for his failure to give the required notice.

 

In 2005, the Almaty City Court received a decision from the courts in Turkey for annulment of a marriage between Kazakh and Turkish citizen citizen C. The reason was the statement of S. solutions that it has entered into a marriage in 2001, being a minor. What action should the court, and under what regulations?

Affiliation: Turkish judiciary is not interested in does not occur if the trial is a divorce in another country. The request is always accepted if one of the partners is of Turkish citizenship or a match made in another country, is recognized in Turkey. Terms of Divorce: When changes or abandonment of a spouse marriage may be dissolved immediately upon the request of either spouse. Divorce by mutual consent is possible if the marriage lasted at least one year.

The age of consent in Turkey is the age of majority (set at 18 as per Article 11 of the Turkish Civil Code).

According to Article 104 of the Turkish Penal Code (Türk Ceza Kanunu), if the minor is 15, 16 or 17 and the age gap is less than 5 years, the acts can be prosecuted only upon a complaint.

The legal representatives shall have the right to demand the abolition of marriage in cases where a minor or a person of limited legal capacity to enter into marriage without their consent. This right of legal representatives is eliminated if married without the consent of the person has reached 18 years of age, was of legal age or the wife got pregnant. In these cases can not be decided on the abolition of marriage.(Turkish Civil code)

19) As one of the main and oldest institutions of international law institute of international responsibility is a means to ensure compliance with the principles and norms of the legal system. This role is due to its specific feature of international law, which, unlike domestic legal systems, does not provide for the permanent presence of police and prisons. What explanation would you give on the nature of the international responsibility of the Institute and its place among other branches and institutions of international law?

The law of international responsibility plays a fundamental role in the modern system of international law, surpassed by none and paralleled only by the law of treaties. The volume seeks to cover the entirety of the field of international responsibility, with a particular focus on the work of the International Law Commission. It provides detailed discussion and analysis of the historically predominant topics of State responsibility, on which the ILC completed its work in 2001, and the specific sub-topic of diplomatic protection, work on which was completed by the ILC in 2006. However, it also covers both the topic of responsibility of international organizations, on which the ILC's work is ongoing (a set of draft Articles having been adopted on first reading in 2009), and that of liability for harmful activities not prohibited under international law on which the ILC adopted drafts in 2001 and 2006.
The volume comprises contributions on specific issues in the international law of responsibility, authored by an international team of specialists in the field, which provides a comprehensive commentary of all aspects of the topic. The chapters are detailed in their coverage, discussing both international jurisprudence and doctrinal controversies, as well as providing a critical assessment of the relevant work of the ILC. In addition to providing detailed consideration of the general secondary rules of international responsibility, coverage is also included of certain specific systems of responsibility and their relationship with the general rules under a number of specialised regimes, in particular under certain human rights treaties, the WTO, and investment protection treaties.

21) December 12, 1966. at the plenary session of the 51th session of the UN General Assembly adopted a resolution on cooperation of the organization with the Organization for Security and Cooperation in Europe (OSCE). Thus, the fixed international recognition achieved last significant authority and the need to further enhance the interaction between the UN and the OSCE as an important factor in ensuring security and stability not only in the European region and the world at tselom.V as one of the most pressing problems of the further development of relations between the two named organizations of the resolution points to the need to improve the practical impact of such cooperation at all levels, starting with their governing bodies and secretariats and finishing created by the UN and the OSCE, "field" missiyami.1. What, in your opinion, the legal assessment of the relationship with other UN intergovernmental organizations? 2. What are the characteristics of the legal status of the specialized agencies of the UN?


European Union Agency for Fundamental Rights co-operates with the United Nations (UN), the Organization for Security and Co-operation in Europe (OSCE) and other international organisations on different themes and in various ways. This co-operation very often consists in expert consultations, conferences and seminars as well as common data collection. Experience has shown that this co-operation is beneficial for all participants due to the use of synergies, use of different approaches and optimising the use of resources by avoiding unnecessary overlaps. The Fundamental Rights Agency (FRA) regularly participates in the Human Dimension Implementation Meetings in Warsaw. The topics covered in recent events were:

Roma - FRA was contributing to the event ‘To make a tangible difference to Roma people’s lives’

Romani women - FRA cooperates with ODIHR on exploring the theme “Women as Agents of Change in Migrant, Minority and Roma and Sinti Communities in the OSCE Area”.

Hate crime – Together with ODIHR, FRA develops a practical guide on “Monitoring and Collecting Hate Crime Data for effective policy and practical responses”

Specialized agencies are autonomous organizations working with the United Nations and each other through the coordinating machinery of the United Nations Economic and Social Council at the intergovernmental level, and through the Chief Executives Board for coordination (CEB) at the inter-secretariat level.[1] Specialized agencies may or may not have been originally created by the United Nations, but they are incorporated into the United Nations System by the United Nations Economic and Social Council acting under Articles 57 and 63 of the United Nations Charter. At present the UN has in total 17[2] specialized agencies that carry out various functions on behalf of the UN.

22) According to I. Lukashuk, "... the state must build its legal system in such a way as to ensure compliance with international obligations. Peace and international order can be safely secured, provided that the States have approved a democratic government based on respect for human rights and the rule of law. "Democracy and the rule of law in international relations is impossible without democracy and the rule of law within the state." What do you think the concept of the primacy of international law over domestic law and in political terms?

It is clear that international law is no longer limited to the regulation of diplomatic relations

between States and the allocation of spaces and competences between countries. International

rules today aim at the regulation of matters which before belonged exclusively to the domestic

jurisdiction of States, matters that cover a range of questions, from the way in which a State

deals with its own population to the emissions of greenhouse gases, a subject which puts almost

all economic activities under the eye of international law.

There are special cases of interaction between international and national law. These include primarily the integration of legal systems. The most advanced of these is the system of the European Union. Another special case can be peace treaties. Peace treaties of 1947 contained a number of provisions that oblige bore the responsibility for the aggression States to repeal anti-democratic legislation and pass laws necessary for democratic change. international law enhances the interaction with national law and determined by the internationalization of public life. In this case, the relationship and unity of the world are demanding that the national political and legal systems of the world were built as part of a single global system for interaction with each other and with the system of international relations in general.

23) As the main subject of international law, the state has a central place in the system of international economic relations. Max implementation by the State of its main qualities - sovereignty - is possible only with the active use of their complex set of diverse economic relations on the basis of the requirements of international economic law. How does the legal status of the state with its participation in the economic relations of the parties to which are the natural and legal persons belonging to other States?

The state is the undisputed international actor, which meets all the above criteria of the concept. It is the central subject of international law. Foreign policy states largely determines the nature of international relations era, it has a direct impact on the degree of freedom and the well-being of the individual, on human life itself. Activities and even the existence of international organizations and other actors in international relations depends largely on how they are treated state. In addition, the state is the universal form of political organization of the generality of men-children: Currently, almost all of humanity, with a few exceptions, integrated into the state. States express themselves in the international arena through its foreign policy, which can take two main forms: diplomacy and strategy. Their purpose - to satisfy the national interest, the preservation of the territorial integrity of the country, the protection of its security and sovereignty.

Along with states and international organizations as actors in international relations are increasingly the transnational corporations that have a growing impact, both on the national and the global economy. What are the legal aspects of TNCs as participants in international economic relations in comparison with other categories of subjects of international economic law?

Transnational corporations -- those corporations which operate in more than one country or nation at a time -- have become some of the most powerful economic and political entities in the world today. As a result of globalization, transnational corporations have not only extended their economic activities, but also their influence on social, political, cultural and ecological development. This wave of globalization has also been accompanied by an expansion of the market economy in which wealth creation and distribution are controlled to a greater extent by private institutionsThe annual revenue of some corporations now exceeds the gross national product of a developing country, allowing them to exert considerable pressure on national governments. Transnational corporations influence living standards by relocating production-sites, while their lobbyists play an important role in international affairs and the generation of international and transnational law. TNCs can exert tremendous influence by creating a new equilibrium in economic and political power. However, they have been unwilling to do so for reasons of self-interest. Unlike in the earlier waves of globalization, where the expansion of TNC power and influence were viewed with distrust, in the current wave of globalization TNCs are viewed as positive instruments of growth and change.

25) In the early stages of the development of international law, in particular the practice of communication in ancient Rome with other states, has developed a custom according to which the attacker was required before the start of hostilities to announce this enemy, without which the conduct of the war was considered by the gods unauthorized, illegal. This rule is firmly rooted in the international relations of virtually all countries, survived until the time of the First and Second World Wars, after which they began to form in the minds of the peoples understanding of the need to limit and then the prohibition of war as an instrument of national policy. This approach to the problem which results in the approval of a number of basic principles of international law principle of non-use of force or threat of its use, has received a clear regulatory consolidation in the provisions of the Treaty of Paris in 1928 (Kellogg-Briand Pact), the Charter of the United Nations, and especially in Resolution number 3314 (XXIX) of the General Assembly, containing the definition of aggression, which was adopted in 1974, outline the main elements of the concept of aggression, linking them with the provisions of relevant domestic and international laws?

General Assembly resolution 3314 (XXIX), with the Definition of Aggression annexed to it, was adopted on 14 December 1974 after protracted intergovernmental negotiations. The Definition has scarcely ever been used for its primary purpose as a guide to the Security Council in determining aggression by States. It has now taken on a new life as a source for discussion of the definition of the individual crime of aggression within the jurisdiction of the International Criminal Court. On 14 December 1974, the General Assembly adopted by consensus resolution 3314 (XXIX) annexing the Definition of Aggression which had been adopted by the fourth special committee. The Definition begins with a broad definition of aggression, drawn largely from Article 2, paragraph 4, of the Charter (though omitting reference to threats) and then enumerates specific examples of acts of aggression. The acts set out in article 3 qualify as acts of aggression, subject to the provisions of article 2, which envisage that the Security Council may decide not to make a determination of aggression in the light of the circumstances, including the fact that the acts are not of sufficient gravity. Article 4 specifies that the list is not exhaustive and that the Security Council may determine that other acts constitute aggression. The issue of self-determination was a live one during the negotiations and it was dealt with in a saving clause in article 7. The use of the Definition for the purpose of individual criminal responsibility has been controversial, since the Definition differentiates between State responsibility and individual crimes: article 5, paragraph 2, which reflects paragraph 1 of the Friendly Relations Declaration (General Assembly resolution 2625 (XXV) of 24 October 1970, annex), accords individual responsibility only regarding a “war of aggression”.

The set of international legal way to ensure world peace and security in accordance with the generally recognized principles and norms of international law, forms an extensive modern and flexible enough system of institutions which are calculated on a regional or global action. Normative basis of the above forms of bilateral and multilateral international agreements, whose number and efficiency increase significantly with the strengthening of cooperation among states in the post-Cold War era. What, in your opinion, the most important components of the modern system of international security and the basic directions of activity of the states to ensure its effective functioning of the fixed provisions of relevant international legal documents?

International security consists of the measures taken by nations and international organizations, such as the United Nations, to ensure mutual survival and safety. These measures include military action and diplomatic agreements such as treaties and conventions. International and national security are invariably linked. International security is national security or state security in the global arena.

With the end of World War II, a new subject of study focusing on international security emerged. It began as an independent field of study, but was absorbed as a sub-field of international relations.[1] Since it took hold in the 1950s, the study of international security has been at the heart of international relations studies.[2] It covers labels like “security studies”, “strategic studies”, “peace studies”, and others.

The meaning of "security" is often treated as a common sense term that can be understood by "unacknowledged consensus".[3] The content of international security has expanded over the years. Today it covers a variety of interconnected issues in the world that have an impact on survival. It ranges from the traditional or conventional modes of military power, the causes and consequences of war between states, economic strength, to ethnic, religious and ideological conflicts, trade and economic conflicts, energy supplies, science and technology, food, as well as threats to human securityand the stability of states from environmental degradation, infectious diseases, climate change and the activities of non-state actors.[4]

While the wide perspective of international security regards everything as a security matter, the traditional approach focuses mainly or exclusively on military concerns.

28) Among the other major sources of international law Art. 38 (item 1 a) The Statute of the International Court of Justice brings to the first "international conventions, whether general or particular, establishing rules expressly recognized by the states...", and the term "convention" is used in a broad sense, encompassing all known shaped fixing agreements between subjects of international law, generalizing the concept of an "international agreement". 1. What is meant by an international agreement? 2. What are the aims and objects, which are aimed at regulating the international negotiations?

international agreement, instrument by which states and other subjects of international law, such as certain international organizations, regulate matters of concern to them. The agreements assume a variety of form and style, but they are all governed by the law of treaties, which is part of customary international law. Accord, annex, charter, compromise, convention, memorandum of understanding, protocol, treaty, etc., which (as defined by the Vienna Convention On The Law Of Treaties) is an "agreement concluded between states in written form and governed by international laws, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation." The title of the agreement is not a determining factor in making distinctions among different arrangements. Although considered binding, international agreements may lapse on expiration, through war or denunciation, or when a fundamental change in circumstances occurs. Multilateral agreements are usually open to all nations, plurilateral agreements involve a restricted number of nations, and bilateral agreements are usually private arrangements between two nations.

2. International negotiation is as it says: inter-national. It is about negotiation between countries. International negotiation occurs all the time between governments and is the main subject of this page. It also happens between individuals and companies, where the traps and tricks of cross-border negotiation can ensnare even the most experienced home-country negotiators.

International negotiation is often not just between individual people, but between large delegations, each of which is well organized and where every person has specialized and skilled work. There may be cultural experts, linguists and subject specialists as well as a chief negotiator and support negotiators. In a complex negotiation, there may be multiple and interlined sub-negotiations going on at the same time, for example where a trade negotiation includes a deal involving various industries and interests.

29 Especially significant differences institute of international responsibility of a similar institute national legal systems are in terms of determining characteristics of international crimes, their types, and the types and forms of international legal institution. How should highlight the features of international crimes, their types and forms of international legal responsibility?

The International Criminal Court (ICC)Article 7 For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:[23]

(a) Murder;

(b) Extermination;

(c) Enslavement;

(d) Deportation or forcible transfer of population;

(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;

(f) Torture;

(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;

(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;

(i) Enforced disappearance of persons;

(j) The crime of apartheid;

(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health;

The first modern international criminal tribunal was held at Nürnberg, Germany, following World War II to try military and civilian leaders of Nazi Germany. (A similar tribunal was established at Tokyo to try alleged Japanese war criminals.) The Nürnberg trials (1945–46) prosecuted three categories of offenses: crimes against peace, war crimes, and crimes against humanity.

Crimes against peace consist of acts of aggressive war. Although aggression was defined in a United Nations (UN) General Assembly resolution (1974) as “the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations,” the question of how to assign individual responsibility for acts of aggression committed by states remains unresolved. Although the ICC has jurisdiction over the crime of aggression,

30 Teacher of Arabic Ishaq Ali - a believer. He is Muslim. His prayers have lunch at 12 noon. At that time, he asked all the teachers to leave the audience in which he prays. On Friday, he was asked not to put the lessons into the schedule, the next working vacation takes a while fasting "Eid". His demands are creating significant inconvenience prukovodstvu schools and teachers. Whether the administration is obliged to meet the requirements ISKAKOV Ali? If not, what are violated in this case is whether his personal rights?

Family Kolesnychenko addressed to the Embassy of the Republic of Kazakhstan in Kiev for admission to the citizenship of the Republic of Kazakhstan. They never lived in the territory of Kazakhstan, Almaty, however resides in the sister of the head of household. Will this be the basis for granting citizenship Kolesnikovafamily?Yes Chapter 2. The acquisition of citizenship of the Republic of Kazakhstan

Yes. Article 16. 2) citizens of former Soviet republics, who arrived for permanent residence in the Republic of Kazakhstan with one of his close relatives - citizens of the Republic of Kazakhstan: the child (including adopted), wife (husband), one of the parents (adoptive parents), sister, brother, grandfather or grandmother, regardless of their residence in the Republic of Kazakhstan.

The family Mironov wife - a citizen of the Republic of Kazakhstan and the husband - a citizen of the Republic of Moldova. Both reside in the territory of the Russian Federation. In 2000, before their child was born in Kazakhstan. In this case must decide on the child's nationalityChapter 2. Article 12.

When parents have different citizenships, one of which at the time of birth of the child is a citizen of the Republic of Kazakhstan, the child is a citizen of the Republic of Kazakhstan, when he was born:

1) in the territory of the Republic of Kazakhstan;

2) outside the Republic of Kazakhstan, but the parents or one of them at that time had a permanent residence in the territory of the Republic of Kazakhstan.

When parents have different citizenships, one of which at the time of birth of the child is a citizen of the Republic of Kazakhstan, at the time when both parents have permanent residence outside of the Republic of Kazakhstan, the citizenship of a child born outside the Republic of Kazakhstan shall be determined by agreement between the parents, expressed in written form.

Child one of whose parents at the time of its birth was a citizen of the Republic of Kazakhstan and the other was a person without citizenship or nationality is unknown, is a citizen of the Republic of Kazakhstan, regardless of place of birth

Among those eligible for election to the local authorities, the voter lists were included Russian citizens living in Kazakhstan last 5 years. Has the right to citizens of other countries to take part in the elections to local authorities in Kazakhstan?

elections in the Republic of Kazakhstan

Chapter 4. Lists of voters (electors)

Article 24. Lists of voters (electors) and the order of compilation

3. The basis for including citizens in the voters list at a particular polling station is the fact of his registration at the place of residence in the territory of the polling station.

5. List of voters in the community is an appropriate local agency on the basis of information provided by the bodies engaged in counting the population.

Each voter has the right to register to vote in the appropriate local executive body with the announcement of the election or appointment.

Amirov citizen at 15 years of age with his parents left Kazakhstan. 35 years later he returned to Kazakhstan, has created his own political party, and in 1998 submitted an application to the Central Election Commission for registration as a candidate for president. CRC checking for all the conditions that apply to the laws of the presidential candidates, registered it. Whether lawful actions of the CEC?

Article 41

1. The President of the Republic shall be elected by universal, equal and direct suffrage under a secret ballot for a seven-year term in accordance with the constitutional law by the citizens of the Republic who have come of age.

2. A citizen of the Republic shall be eligible for the office of the President of the Republic of Kazakhstan if he is by birth not younger than forty and has a perfect command of the state language and has lived in Kazakhstan for not less than fifteen years.

36 A citizen of the Russian Federation permanently residing in the territory of the Republic of Kazakhstan, has filed an application for membership in the Public Association "Nevada - Semipalatinsk." Can a foreigner be a member of the public association?

Can. According to the decree having the force of law by the President of the Republic of Kazakhstan

from June 19, 1995 N 2337 "On the Legal Status of foreign citizens in the Republic of Kazakhstan, "Section II. Fundamental rights, freedoms and duties of foreign citizens in the Republic of Kazakhstan, Article 12.Participation in voluntary associations. Foreign nationals permanently residing in the Republic of Kazakhstan shall have the right to engage in voluntary associations, in addition to political parties and public associations pursuing political goals, and if it does not contradict the statutes (regulations) of these associations.

The President of the Republic, speaking with his annual address to the nation, to strengthen the defense and security of the state suggested the need for our country to join the NATO. Constitutionally, in your opinion, this proposal?

Yes Chapter IVArticle 27. The transition of the President of the Republic of Kazakhstan

1. In the event of early release or removal of the President of the Republic of Kazakhstan, as well as his death powers of the President of the Republic for the remainder of moving to the Chairman of the Senate of the Parliament; if the Chairperson of the Senate to assume the powers of the President they are moving to the Chairman of the Majilis of the Parliament, if the Chairperson of the Majilis accept powers of the President are transferred to the Prime Minister of the Republic. A person who has taken the powers of the President of the Republic shall act accordingly with the powers of the President of the Senate, Chairman of the Majilis of the Prime Minister.

Kazakhstan currently has 49 overseas diplomatic missions (42 embassies, diplomatic missions, 7), 4 permanent missions to international organizations and 17 consulates. Define classes of diplomatic missions, consular offices species. What are their functions.

The political title Consul is used for the official representatives of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, and to facilitate trade and friendship between the peoples of the two countries. A consul is distinguished from an ambassador, the latter being a representative from one head of state to another. There can be only one ambassador from one country to another, representing the first country's head of state to that of the second, and his or her duties revolve around diplomatic relations between the two countries; however, there may be several consuls, one in each of several main cities, providing assistance with bureaucratic issues to both the citizens of the consul's own country travelling or living abroad and to the citizens of the country the consul resides in who wish to travel to or trade with the consul's country.

At present Astana has 65 of the 66 accredited in Kazakhstan diplomatic missions, the President of Kazakhstan Nursultan Nazarbayev said at a meeting with representatives of foreign diplomatic missions accredited to the Republic of Kazakhstan

A diplomatic mission is a group of people from one state or an international inter-governmental organisation (such as the United Nations) present in another state to represent the sending state/organisation officially in the receiving state. In practice, a diplomatic mission usually denotes the resident mission, namely the office of a country's diplomatic representatives in the capital city of another country. As well as being a diplomatic mission to the country in which it is situated, it may also be a non-resident permanent mission to one or more other countries. There are thus resident and non-resident embassies.

 

 

 

Article 74Damages for breach of contract by one party consist of a sum equal to the loss, including loss of profit, suffered by the other party as a consequence of the breach. Such damages may not exceed the loss which the party in breach foresaw or ought to have foreseen at the time of the conclusion of the contract, in the light of the facts and matters of which he then knew or ought to have known, as a possible consequence of the breach of contract.

10.Mr. Shakhnazarov, a businessman from the city of Almaty, has signed a contract for the purchase of crawler cranes with Mr. Finokkio of Genoa. The contract was signed on the condition of FAS and regulated by the UN Convention. Sh had to take care of hiring a ship that came to the port of Genoa to pick up goods at the designated date. Finokkio cranes delivered to the port, and prepared them to be loaded on the appointed day, but when the ship could carry them. Mr. F. immediately contacted Mr S., who said, maybe it was a mistake, but Finokkio also to blame, because it does not explain exactly what it is necessary for the transport ship cranes. Sh has to send another ship that will arrive in two weeks, but the FA accused of violating Sh contractual obligations and threatens to break the contract. Mr. S., having your client asks you if he can in such a case to sue the Finokkio and force him to perform the contract. If so, on what basis, and who will pay for the forced storage of cranes in the port and the first flight of an empty vessel?

 

An Incoterm (FAS) that means the seller is responsible for the cost of transporting and delivering goods alongside a vessel in a port in his or her country. Since the buyer has responsibility for export clearance under FAS, it is not a practical Incoterm for U.S. exports. FAS should be used only for ocean shipments since risk and responsibility shift from seller to buyer when the goods are placed within the reach of the ship's tackle (crane).

UNITED NATIONS CONVENTION ON THE CARRIAGE OF GOODS BY SEA Chapter 5 Liability of the Carrier for Loss, Damage or Delay Article 17. Basis of liability 1. The carrier is liable for loss of or damage to the goods, as well as for delay in delivery, if the claimant proves that the loss, damage, or delay, or the event or circumstance that caused or contributed to it took place during the period of the carrier’s responsibility as defined in chapter 4.

2. The carrier is relieved of all or part of its liability pursuant to paragraph 1 of this article if it proves that the cause or one of the causes of the loss, damage, or delay is not attributable to its fault or to the fault of any person referred to in article 18.

3. The carrier is also relieved of all or part of its liability pursuant to paragraph 1 of this article if, alternatively to proving the absence of fault as provided in paragraph 2 of this article, it proves that one or more of the following events or circumstances caused or contributed to the loss, damage, or delay4. Notwithstanding paragraph 3 of this article, the carrier is liable for all or part of the loss, damage, or delay: (a) If the claimant proves that the fault of the carrier or of a person referred to in article 18 caused or contributed to the event or circumstance on which the carrier relies;

11. Mr. Zharkimbekov contracted, adjustable by the UN Convention on the purchase of engineering equipment with Mr. Smith from Montreal. Under the contract, Smith has to deliver 45 new machines on DAF May 16, ie 2 months after signing the contract, at $ 21,000 per machine. First, the goods must be transported by sea in Novorossiysk, and then on the w / e at the designated place on the Kazakhstan border. Transporting generally takes about 30 days. 2 weeks after the May 16 machines still had not arrived in Kazakhstan. Mr. Zharkimbekov could not get an explanation about the delay in the Seller. In its reply by fax Smith said that he loaded the goods on board the ship that according to his information, the goods were shipped in Novorossiysk, and he is not responsible for disruptions in Russian w / e transport. After that Zharkimbekov decides to buy a similar product in Germany at a cost of $ 26,000 per machine. It sends a fax Smith reported on the cancellation of the contract by reason of delay in delivery. But Zharkimbekov wants to know your opinion, as a lawyer, can the Smith court to sue him for breach of contract, and whether Zharkimbekov, in turn, obtained from Smith's compensation for the difference in the purchase price, but the German machines were slightly higher quality.

United Nations Convention on Contracts for the International Sale of Goods. Article 34

If the seller is bound to hand over documents relating to the goods, he must hand them over at the time and place and in the form required by the contract. If the seller has handed over documents before that time, he may, up to that time, cure any lack of conformity in the documents, if the exercise of this right does not cause the buyer unreasonable inconvenience or unreasonable expense. However, the buyer retains any right to claim damages as provided for in this Convention.

Article 45

(1) If the seller fails to perform any of his obligations under the contract or this Convention, the buyer may:

(a) exercise the rights provided in articles 46 to 52;

(b) claim damages as provided in articles 74 to 77.

(2) The buyer is not deprived of any right he may have to claim damages by exercising his right to other remedies.

(3) No period of grace may be granted to the seller by a court or arbitral tribunal when the buyer resorts to a remedy for breach of contract.

Article 72

(1) If prior to the date for performance of the contract it is clear that one of the parties will commit a fundamental breach of contract, the other party may declare the contract avoided.

(2) If time allows, the party intending to declare the contract avoided must give reasonable notice to the other party in order to permit him to provide adequate assurance of his performance.

(3) The requirements of the preceding paragraph do not apply if the other party has declared that he will not perform his obligations.

Article 75

If the contract is avoided and if, in a reasonable manner and within a reasonable time after avoidance, the buyer has bought goods in replacement or the seller has resold the goods, the party claiming damages may recover the difference between the contract price and the price in the substitute transaction as well as any further damages recoverable under article 74.

12. Mr. Kurtanov comes to consult with you. He claims that he has a contract which is governed by the UN Convention. He recently traveled to Toronto (Canada), where in one of the stores he saw a sign which read: "Cloaks of" London Fog ", just $ 99 plus a scarf (free)." Mr. Kurtanov went to the store and asked for two cloaks. However, he still got two scarves for a total cost of $ 198. The next day, before fly back to Kazakhstan, Mr. Kurtanov called to the store and said he wanted to sign a contract for a large sum and buy coats 5000 for $ 99 plus free scarves 5000. About transportation, he decided to take care of himself. However, the store clerk laughed and said that Mr. Kurtanov probably joking. Do you think that if Mr. Kurtanov rights, believing that he has a valid contract?

He has not valid contract. Because the store clerk not signed contract. United Nations Convention on Contracts for the International Sale of Goods. Article 18

(1) A statement made by or other conduct of the offeree indicating assent to an offer is an acceptance. Silence or inactivity does not in itself amount to acceptance.

(2) An acceptance of an offer becomes effective at the moment the indication of assent reaches the offeror. An acceptance is not effective if the indication of assent does not reach the offeror within the time he has fixed or, if no time is fixed, within a reasonable time, due account being taken of the circumstances of the transaction, including the rapidity of the means of communication employed by the offeror. An oral offer must be accepted immediately unless the circumstances indicate otherwise.

(3) However, if, by virtue of the offer or as a result of practices which the parties have established between themselves or of usage, the offeree may indicate assent by performing an act, such as one relating to the dispatch of the goods or payment of the price, without notice to the offeror, the acceptance is effective at the moment the act is performed, provided that the act is performed within the period of time laid down in the preceding paragraph.

13.Karimov, a businessman from Kokshetau, traveling with his assistant in Italy. In the Italian city of Firenze they held talks with Mr de Gregorio, the seller of sweets "Raffaello". After the three of them had dinner and thoroughly slightly drunk at a restaurant, De Gregorio said Kazakhstan businessmen that he agrees to sell 60,000 boxes of "Raffaello" for $ 2 per box. He also said that his offer will remain open for 2 months. Mr de Gregorio at this point was completely sober. Karimov said that the proposal is very good, but eventually they will be able to agree on all the details after the return to entrepreneurs Kokshetau and call out to Mr de Gregorio. After two weeks, the Kazakh entrepreneurs called to Italy to get burnt all the details, however, Mr de Gregorio's answer, that he was very drunk at the time when he made the offer, and is therefore void. Whether a Mr de Gregorio withdraw its proposal ago? Will Karimov win the lawsuit, regulirueyas UN Convention if Gregorio admits in court that all of these events actually took place, and he was not drunk?



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