N

Goode, Walter

doi:10.1017/cbo9780511910050.016

Cited by 7 publications

(8 citation statements)

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“…Godlamn recognizes as the lex mercatoria, only unwritten norms 79 . Goode 80 on the other hand only recognises trade usages and general principles of law, which is an unwritten part of transnational commercial law. Lex mercatoria shares with the general principles of law some common principles, such as pacta sunt servanda or rebus sic stantibus 81 .…”

Section: Lex Mercatoria As a Source Of International Economic Lawmentioning

confidence: 99%

Some Reflections on Custom in International Economic Law

Ziemblicki

2018

Wroclaw Review of Law, Administration &Amp; Economics

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Section: Lex Mercatoria As a Source Of International Economic Lawmentioning

confidence: 99%

Some Reflections on Custom in International Economic Law

Ziemblicki

2018

Wroclaw Review of Law, Administration &Amp; Economics

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“…35 Clarke and Wool, in the context of giving the history of cooperation among the study group founded by Unidroit (originally invited to draft a treaty by Canada), the International Civil Aviation Organization and the Aviation Working Group (the 'AWG', formed among major manufacturers, financiers and lessors by Airbus and Boeing), mention that the AWG 'noted that the basic issue underlying the lex situs problem has already been addressed in the Geneva Convention of 1948'. 36 In the Official Commentary, Goode, while acknowledging that 'very little remains of the Geneva Convention in its application to aircraft objects within the scope of the Cape Town Convention', 37…”

Section: Interplay Of Geneva Convention and Cape Town Conventionmentioning

confidence: 99%

The relationship between the Geneva and Cape Town conventions

Hanley¹

2015

Cape Town Convention Journal

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This article examines the relationship between the Cape Town Convention (insofar as it relates to aircraft) and the Geneva Convention. The latter continues to apply to rights not constituting international interests under, and to rights in aircraft below the minimum threshold set out in, the former. The Geneva Convention provides that the law of the state of registration of the aircraft in question is the applicable law for rights and interests covered by it but gives no guidance as to whether such law is the domestic law only of that state or includes that state's private international law rules. The Cape Town Convention provides that references in it to applicable law are to the domestic law of the state in question but, in fact, relevant references therein to applicable law are few and international interests under the Cape Town Convention are sui generis interests not dependent on national law. The relationship between the Convention on the International Recognition of Rights in Aircraft signed at Geneva on 19 June 1948 (the 'Geneva Convention') and the Convention on International Interests in Mobile Equipment signed at Cape Town on

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“…As Professor Goode has noted, the 'group problem' is a persistent feature of crossborder insolvency. 62 The absence of an international regime prior to the UNCI-TRAL Model Law meant that courts in di¡erent jurisdictions were forced to make ad hoc arrangements for group insolvencies, albeit with a remarkable spirit of co-operation. 63 Sir Nicholas Browne-Wilkinson VC lamented at the outset of the BCCI litigation,'as a matter of profound regret, ' the lack of an international convention regulating cross-border insolvency.…”

Section: Corporate Groups and Private International Lawmentioning

confidence: 99%

International Co‐operation in Cross‐Border Insolvency: HIH Insurance

Townsend

2008

Modern Law Review

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Rodger seem to suggest that tort law is distinctively suited to protection of con-£icting rights and interests.Finally, if self-defence is now raised in the context of a civil claim, the interpretation of reasonable belief described above may turn the spotlight on to the conduct of the pre-operation brie¢ng in the context of an inquiry into unlawfulness. In a sense, this re£ects the many dimensions of vicarious liability. In this case, notwithstanding issues of personal responsibility, the individual o⁄cer's actions are embedded in and in£uenced by the enterprise and culture of the 'employer', and shaped by the resources applied to his preparation. In the trespass claim, this may ¢nd its expression in the course of an inquiry into self-defence and, therefore, into the individual o⁄cer's state of mind and the processes that in£uenced it.International Co-operation in Cross-Border Insolvency:HIH InsuranceJohnTownsend nThe House of Lords decision in HIH Insurance raised important questions about the pari passu principle of distribution in cross-border insolvency. This comment examines the case in light of academic debate, arguing that Lord Ho¡mann's application of the principle of (modi¢ed) universalism achieved distributive justice amongst HIH group creditors.

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N

Cited by 7 publications

References 0 publications

Some Reflections on Custom in International Economic Law

Some Reflections on Custom in International Economic Law

The relationship between the Geneva and Cape Town conventions

International Co‐operation in Cross‐Border Insolvency: HIH Insurance

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