Uniform Law Review最新文献

Interpretation and application of the CISG by the Supreme Court of the Republic of Latvia: an analysis of the judgment in the Boom Conveyor case 拉脱维亚共和国最高法院对《销售公约》的解释和适用：对 Boom Conveyor 案判决的分析

IF 0.3

Uniform Law Review Pub Date : 2024-08-13 DOI: 10.1093/ulr/unae028

Aleksandrs Fillers, Laura Ratniece

引用次数: 0

Electronic enforcement in the digital era: Themis without a sword 数字时代的电子执法：无剑的忒弥斯

IF 0.3

Uniform Law Review Pub Date : 2024-08-11 DOI: 10.1093/ulr/unae030

Nicolás Lozada, Diana Talero

引用次数: 0

The Unidroit Principles and the Shari’ah Standards: any room for cooperation? 统法协会原则和伊斯兰教法标准：是否有合作空间？

IF 0.3

Uniform Law Review Pub Date : 2024-08-01 DOI: 10.1093/ulr/unae033

Badreddine Berrahlia

引用次数: 0

Dealing with registrations and jurisdiction in aircraft financing 处理飞机融资中的注册和管辖权问题

IF 0.3

Uniform Law Review Pub Date : 2024-07-12 DOI: 10.1093/ulr/unae025

Attila Sipos

{"title":"Dealing with registrations and jurisdiction in aircraft financing","authors":"Attila Sipos","doi":"10.1093/ulr/unae025","DOIUrl":"https://doi.org/10.1093/ulr/unae025","url":null,"abstract":"In aircraft financing, dealing with jurisdiction and applicable law is of paramount importance. Given the global nature of the aviation industry, the parties involved in aircraft-financing transactions must carefully consider the jurisdiction in which disputes may arise as well as the relevant laws that govern such disputes. In aircraft financing, there are a great number of jurisdictions that may be selected by the parties. The existing international treaties in aircraft financing, such as the 1948 Geneva Convention and the 2001 Cape Town Convention with its Aircraft Equipment Protocol, unified international law considerably. Nevertheless, these treaties have not resulted in the elimination of the conflict of laws, and the choice of law in the agreements has limited effect. Despite the registration obligations of aircraft being unified enough due to the rigorous requirements of the 1944 Chicago Convention and its Annexes, further unification is necessary to manage the conflicts of laws. Such uniformity is still awaited, although the Cape Town Convention and its Aircraft Equipment Protocol provide a standardized legal regime for aircraft financing, transactions, and registrations. These international instruments and the registration requirement therein (International Registry) help establish uniformity and clarity in the rights and priorities of the parties involved. This article introduces the complexity of these areas of the aviation industry and focuses on the jurisdictional challenges regarding registration and contractual relations.","PeriodicalId":42756,"journal":{"name":"Uniform Law Review","volume":"40 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141610467","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Revolutionizing trade finance: leveraging the power of blockchain and AI in electronic letters of credit 革新贸易融资：在电子信用证中利用区块链和人工智能的力量

IF 0.3

Uniform Law Review Pub Date : 2024-07-10 DOI: 10.1093/ulr/unae023

Moein Elahi Nezhad, Shima Rashidian, Consiglia Botta

{"title":"Revolutionizing trade finance: leveraging the power of blockchain and AI in electronic letters of credit","authors":"Moein Elahi Nezhad, Shima Rashidian, Consiglia Botta","doi":"10.1093/ulr/unae023","DOIUrl":"https://doi.org/10.1093/ulr/unae023","url":null,"abstract":"This article examines the innovative combination of blockchain and artificial intelligence (AI) technologies in the field of electronic letters of credit and international trade finance. It explores how the combined effect of this convergence may greatly improve the security, effectiveness, and clarity of trade finance procedures. The article presents a suggested framework for combining various technologies, focusing on important design considerations including security, trust, interoperability, and adherence to international trade norms. The technological design blends blockchain’s decentralized ledger with AI’s analytical capabilities, highlighting the need of smart contracts, data management, and application programming interfaces for smooth interoperability. The implementation plan and stages are meticulously detailed, emphasizing the systematic approach necessary for effective integration. The article also discusses the problems and dangers related to this technology integration, such as technical obstacles, regulatory compliance, security threats, stakeholder acceptance, and cost factors. The conclusion outlines the impact of blockchain and AI on trade finance, discusses their larger implications for international commerce, and advocates for the adoption of these advanced technologies by collective action. This article seeks to provide significant insights to financial institutions, policy-makers, technologists, and stakeholders in the trade finance sector, promoting the modernization of trade finance via new technology.","PeriodicalId":42756,"journal":{"name":"Uniform Law Review","volume":"56 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141586957","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Dispute resolution in aircraft finance: question and solutions within the international regulatory context 飞机融资中的争议解决：国际监管背景下的问题与解决方案

IF 0.3

Uniform Law Review Pub Date : 2024-07-08 DOI: 10.1093/ulr/unae024

Andrea Trimarchi

引用次数: 0

Transnational law as an enabler of digital trade 作为数字贸易推动者的跨国法律

IF 0.3

Uniform Law Review Pub Date : 2024-06-16 DOI: 10.1093/ulr/unae017

Theodora A Christou, Tedd Moya Mose, John L Taylor

{"title":"Transnational law as an enabler of digital trade","authors":"Theodora A Christou, Tedd Moya Mose, John L Taylor","doi":"10.1093/ulr/unae017","DOIUrl":"https://doi.org/10.1093/ulr/unae017","url":null,"abstract":"History records that trade and trade finance, vital to economic advancement and prosperity, have benefited profoundly from technological evolution and accompanying supportive transnational law. Today, the blossoming of technology, most notably digitalization, has the potential to greatly facilitate both domestic and international trade and, just as importantly, to assist in fulfilling the environmental and social goals critical to meet the UN Sustainable Development Goals and the Paris Agreement. However, obstacles to digital trade arise from the existing legal and regulatory frameworks. Accordingly, legal reforms are overdue. Impetus is now needed to create a fully supportive transnational legal environment. There are several examples of where the technology exists, but the law frustrates its effective deployment. The laws of most jurisdictions require certain trade documents (like bills of lading, payment, and title instruments) to be recorded in a tangible form (paper). The International Chamber of Commerce (ICC) estimates that digitalizing trade documents could reduce transaction costs by 80 per cent and eliminate billions of paper documents in the trade system. A limited number of jurisdictions have reformed their laws to address this gap and innovative private sector actors have taken the initiative to benefit from these reforms. An example includes the development of the Distributed Ledger Payment Commitment by BAFT that relies on narrow but effective changes in Delaware law governing promissory notes; others chose to be governed by Singapore law, which recently amended to align with the Model Law on Electronic Transferable Records (MLETR). Law can be an enabler of digital trade. To this end, work has begun, including by the ICC and the International Institute for the Unification of Private Law. But the reform needs to be accelerated. This article considers the benefits of digital trade, key legal obstacles, and how transnational law can enable innovation and digitalization not only of the vast volumes of paper but of the entire trade and trade finance processes.","PeriodicalId":42756,"journal":{"name":"Uniform Law Review","volume":"98 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141510506","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Access to justice and multinational corporations: promoting privately driven transnational hybrid adjudication 诉诸司法与跨国公司：促进私人驱动的跨国混合裁决

IF 0.3

Uniform Law Review Pub Date : 2024-03-20 DOI: 10.1093/ulr/unae009

Rishi Gulati

引用次数: 0

Artificial Intelligence in corporate governance: a few inquiries on the (non-)compliance of directors’ duties from a Portuguese law perspective 公司治理中的人工智能：从葡萄牙法律角度对（不）履行董事职责的几点探究

IF 0.3

Uniform Law Review Pub Date : 2024-03-20 DOI: 10.1093/ulr/unae010

Igor Silva de Lima

{"title":"Artificial Intelligence in corporate governance: a few inquiries on the (non-)compliance of directors’ duties from a Portuguese law perspective","authors":"Igor Silva de Lima","doi":"10.1093/ulr/unae010","DOIUrl":"https://doi.org/10.1093/ulr/unae010","url":null,"abstract":"It is widely accepted that directors’ duties encompass the duty to prepare and analyse information concerning the company’s business and affairs and market conditions and the duty to monitor and oversee the company’s actual and prospective economic and financial outlook. While exercising the so-called business judgment rule, directors shall question themselves as to whether the information reasonably available at the time a decision is to be made provides sufficient grounds to support it. They also must have in due regard the underlying business rationality of the decision concerned. The issue merits particular attention in the context of companies undergoing economic or financial distress in the vicinity of insolvency. Directors usually resort to assistance from internal staff and external advisors as well as to technological tools for performing managerial activities. There are a number of options of technologies that employ artificial intelligence (AI) and that have shown a high degree of certainty in predicting scenarios of economic or financial distress. However, directors are not exempted from potential accountability for actions taken in breach of their duties by simply employing AI technology. If, how, and to which extent the use of AI in corporate governance will affect the compliance of a director’s duties are questions yet to be addressed.","PeriodicalId":42756,"journal":{"name":"Uniform Law Review","volume":"148 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140201340","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Financial market regulation and private law: a new frontier of transnational commercial law 金融市场监管和私法：跨国商法的新领域

IF 0.3

Uniform Law Review Pub Date : 2024-03-10 DOI: 10.1093/ulr/unae003

Josef Wittmann

{"title":"Financial market regulation and private law: a new frontier of transnational commercial law","authors":"Josef Wittmann","doi":"10.1093/ulr/unae003","DOIUrl":"https://doi.org/10.1093/ulr/unae003","url":null,"abstract":"Global financial markets are among the most extensively regulated markets in the world economy. This poses significant challenges from a private law perspective when regulatory rules interfere with private rights and obligations. This article examines the potential of transnational commercial law (TCL) to provide for a private law framework suited to the regulatory reality in global financial markets. The article finds that, while regulatory aspects are generally excluded from TCL instruments, notable exceptions to this general rule occur. Based on an analysis of the approaches undertaken in the Unidroit Convention of Substantive Rules for Intermediated Securities (Geneva Convention), including the accompanying Legislative Guide, the Unidroit Principles on the Operation of Close-Out Netting Provisions and the UNCITRAL Model Law on Secured Transactions, the article maps out three methods that allow for a reconciliation of private and regulatory rules: (i) the adoption of a flexible private law system including default and conflict rules; (ii) the use of opening clauses to allow deviations from TCL rules in accordance with international regulatory standards; and (iii) a codificatory approach through the development of a comprehensive and systematic legal framework consisting of both private law and regulatory rules. Finally, the article addresses potential obstacles and objections that future TCL instruments will face when addressing regulatory aspects. Overall, the article argues that an efficient financial market requires a foreseeable set of private law rules that—considering the continuous expansion of regulatory law—must address the pressing issues deriving from the interrelation of regulation and private law. However, the adaption of TCL instruments should be limited to common-sense financial market regulation that, even if differing from State to State, generally follows globally shared regulatory goals.","PeriodicalId":42756,"journal":{"name":"Uniform Law Review","volume":"35 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140098352","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0