The seller is responsible for the goods. United Nations Convention on Contracts for the international Sale of goods 


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The seller is responsible for 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.

Article 50 If the goods do not conform with the contract and whether or not the price has already been paid, the buyer may reduce the price in the same proportion as the value that the goods actually delivered had at the time of the delivery bears to the value that conforming goods would have had at that time. However, if the seller remedies any failure to perform his obligations in accordance with article 37 or article 48 or if the buyer refuses to accept performance by the seller in accordance with those articles, the buyer may not reduce the price.

17.Mr. F. namerevolsya buy from Mr. Alhabra, a businessman from Damascus (Syria), a large shipment of phosphate rock. After some negotiation, Mr. Alhabra made a formal offer for sale of phosphate rock at a set price. The proposal stated that the contract will be governed by zaknodatelstvom Syria, and that the quality of phosphate rock will make sure siriiskim government. Quick look at the proposal, Mr. F. sent to Syria acceptance, on the reverse side which means that the contract is governed by the UN Convention, and that disputes concerning the quality adevatny Abitrazhnym will be resolved by a court in Paris. Upon receipt of acceptance sent Alhabr party rock phosphate under a contract with a quality certificate issued by an appropriate authority Syrian government. After receiving the goods, Mr. F. found that the quality of the product is not as specified in the certificate, and it requires the replacement of the goods. Alhabr claims that is not required to replace the goods in accordance with the Syriac by legislation. What kind of law governs the contract and whether Mr F. to win in court?

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?



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