Primary Connecting Factors Considered by South African Courts to Determine the Applicable Law of International Contracts on the Sale of Goods

Obiri-Korang, Prince

doi:10.26886/2524-101x.8.5.2022.1

Cited by 3 publications

(2 citation statements)

References 26 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Aside from the reason provided above, it should be mentioned that any support for the application of the overriding mandatory rules of a forum state, merely because it is the forum state, will encourage the old trick of forum shopping (Obiri-Korang, 2022). This is because parties may rely on this position and decide to sue their counterpart in states where they deem the overriding mandatory rules to be favourable to their cause.…”

Section: Considering the Overriding Mandatory Rules Of The Forummentioning

confidence: 99%

Overriding Mandatory Rules Applicable to International Sales of Goods: Evidence from South Africa

Obiri-Korang

2023

Self Cite

View full text Add to dashboard Cite

In private international law of contract, the law regulating the rights and obligations of contracting parties may (whether objectively determined or chosen by the parties), in some instances, be limited by either public policy considerations or other relevant mandatory rules. In this regard, the public policy and the overriding mandatory rules of three places -that of the forum state, the applicable law (if different from the lex fori) and the law of the place of performance (or a third state with relevant connection to the contract) -have been considered by both jurists and scholars as being important. However, this article is limited to matters concerning choice of law rules on overriding mandatory provisions (but not public policy considerations). This article assesses the various private international law rules utilised by the South African courts in ascertaining which overriding mandatory provisions must apply to international contracts for the sale of goods. The aim is to adopt a general private international law of contract rule that effectively addresses the difficulty in determining the state, whose overriding mandatory provisions may legitimately claim application over certain relevant issues in international sales contracts. To this end, the article considers the general application of the overriding mandatory rules of the forum and that of the applicable law state (lex causae) to determine if these laws may legitimately by applied to contracts as it is practiced by some courts. Thereafter, the article considers the application of the overriding mandatory rules of the place of performance (locus solutionis) or other relevant third states and demonstrate that it is the overriding mandatory provisions of "a relevant state" that may legitimately derogate the application of certain provisions of the proper law of an international contract.

show abstract

Section: Considering the Overriding Mandatory Rules Of The Forummentioning

confidence: 99%

Overriding Mandatory Rules Applicable to International Sales of Goods: Evidence from South Africa

Obiri-Korang

2023

Self Cite

View full text Add to dashboard Cite

show abstract

“…Collecting monetary damages or other remedies awarded by a court in an international dispute can be even more difficult (Garcia-Bolivar & Otero, 2014). This is because, normally, decisions of a state's courts have no force outside the territorial boundaries of that state (Schulze, 2005;Obiri-Korang, 2022). Efforts to create an internationally accepted convention for the recognition and enforcement of foreign judgments have not had much success, and regional and bilateral agreements have limited reach (Garcia-Bolivar & Otero, 2014).…”

Section: Introductionmentioning

confidence: 99%

Recognition and Enforcement of Foreign Judgments in International Sales Contracts: A Comparative Study of the Brussels I bis Regulation and the Law of Ghana

Acquah,

Obiri-Korang

2023

Self Cite

View full text Add to dashboard Cite

Cross-border litigation is complex. Generally, judgments made by the courts of one sovereign state are, by themselves, not enforceable in the courts of another sovereign state. Collecting monetary damages or other remedies awarded by a court in an international dispute can be even more difficult because, normally, decisions of a state's courts have no force outside the territorial boundaries of that state. Efforts to create an internationally accepted convention for the recognition and enforcement of foreign judgments have not had much success, and regional and bilateral agreements have limited reach. This study compares the legal rules in Ghana and the European Union (Brussels I Recast) on the recognition and enforcement of foreign judgments. The study discusses the rules within the two jurisdictions, pointing out any deficiencies that may be identified in the two legal regimes. The aim is to provide recommendations that may be useful in developing the rules under consideration. The recommendations are aimed at adopting appropriate legal rules on the recognition and enforcement of foreign judgements that would likely aid in the promotion of international sales contracts among private persons and other commercial entities located in different countries.

show abstract

Influence of state policy components on the rate of violence and crime against human life and health

Aliyeva

2022

Problems and Perspectives in Management

View full text Add to dashboard Cite

The share of crimes against human life and health on average is up to 10% worldwide, and losses are estimated from 0.3 to 3% of GDP. This study examines the dependence of the rate of violence and crime against human life and health on the state policy elements in the example of transitioning and developing countries. The crime index, the share of people reporting crime, the rate of violence or vandalism in the area, and the number of intentional homicide offenses in the largest cities were used as parameters characterizing the rate of violence and crime against human life and health. All parameters were divided into institutional, social, and economic. The dependence between the indicators was studied using fixed-effects and random-effects models; a grouping of countries according to the nature of this dependence employed the iterative separation method of k-means and tree clustering. Based on the results, it is justified that institutional and economic (highest GDP and real minimum wages) components significantly influence the level of violence and crime against human life and health. For example, the average value of the crime index for the fourth cluster is 29.98 compared to 54.09 for the first cluster. At the same time, strengthening responsibility for committed crimes has a more negligible impact on the crime level than increasing the material well-being of the population and supporting its vulnerable segments.

show abstract

Primary Connecting Factors Considered by South African Courts to Determine the Applicable Law of International Contracts on the Sale of Goods

Cited by 3 publications

References 26 publications

Overriding Mandatory Rules Applicable to International Sales of Goods: Evidence from South Africa

Overriding Mandatory Rules Applicable to International Sales of Goods: Evidence from South Africa

Recognition and Enforcement of Foreign Judgments in International Sales Contracts: A Comparative Study of the Brussels I bis Regulation and the Law of Ghana

Influence of state policy components on the rate of violence and crime against human life and health

Contact Info

Product

Resources

About