Index
AAA Rules (American |
|
traders, between |
|
7–8 |
Arbitration Association) |
135 |
World Trade |
|
|
Abuse of a dominant |
|
Organisation |
|
17–23 |
position |
27 |
Agriculture, Agreement on |
18 |
|
Academic writings |
7 |
Air |
|
|
ACCC (Australian Competition |
See Carriage of goods by air |
|||
and Consumer |
|
Air cargo insurance |
|
97–98 |
Commission) |
38, 52 |
Air consignment notes |
|
94 |
ACDC (Australian |
|
Air waybills |
|
95 |
Commercial Dispute |
|
ALRC (Australian Law |
|
|
Centre) |
138 |
Reform Commission) |
|
92–93 |
ACICA (Australian Centre |
|
Alternative dispute |
|
|
for International |
|
resolution |
|
73 |
Commercial Arbitration) |
138 |
Amber line |
|
100 |
Acquisitions |
51–53 |
American Arbitration |
|
|
ADR (Alternative |
|
Association Rules |
|
135 |
dispute resolution) |
73 |
ANCOM |
|
32 |
Affreightment, contracts of |
86–88 |
Andean Pact |
|
32 |
AFTA Agreement |
32 |
Anti-competitive behaviour |
26, 57 |
|
Agency |
60–61 |
Anti-dumping |
|
|
agents |
|
Anti-Dumping Agreement |
53 |
|
personal liability of |
61 |
procedure for taking |
|
|
role of |
60 |
anti-dumping action |
|
54–56 |
agreements |
60 |
APEC (Asia Pacific |
|
|
Convention on Agency |
|
Economic |
|
|
in the International |
|
Community) |
|
30–31 |
Sale of Goods |
61 |
Appeals |
138–39, 141 |
|
UNIDROIT |
61 |
AQIS (Australian |
|
|
Vienna Convention |
61 |
Quarantine |
|
|
Agreements |
|
Inspection Service) |
|
88 |
See also GATT |
|
Arbitration |
73, 133–39 |
|
AFTA Agreement |
32 |
ad hoc |
|
133 |
agency |
60 |
American Arbitration |
|
|
Anti-Dumping |
|
Association Rules |
|
135 |
Agreement |
53 |
appeals |
|
138–39 |
distribution |
62–63 |
applicable law |
|
136 |
Marrakesh Agreement |
17–23 |
Australian Centre |
|
|
states, between |
4–5 |
for International |
|
|
|
|
Commercial Arbitration |
138 |
153
ESSENTIAL INTERNATIONAL TRADE LAW
Australian Commercial |
|
Asia Pacific Economic |
|
|
|
Dispute Centre |
|
138 |
Community (APEC) |
|
30–31 |
awards, enforcement of |
139 |
Association of Southeast |
|
|
|
constitution of |
|
|
Asian Nations |
|
|
arbitral tribunal |
|
133 |
(ASEAN) |
|
31–32 |
European Convention |
|
|
ATA carnets |
|
100–01 |
on the Mutual |
|
|
Auctions |
|
149 |
Recognition of |
|
|
Australia and New Zealand |
|
|
Judgments |
|
139 |
Closer Economic |
|
|
Fast and Low Cost |
|
|
Relations Trade |
|
|
Arbitration Rules |
|
136 |
Agreement (CER) |
|
32–34 |
Geneva Protocol on |
|
|
Australian Centre for |
|
|
Arbitration |
|
|
International Commercial |
|
|
Clauses 1923 |
|
139 |
Arbitration (ACICA) |
|
138 |
Institute of |
|
|
Australian Commercial |
|
|
Arbitrators Australia |
138 |
Dispute Centre (ACDC) |
138 |
||
International Arbitration |
|
Australian Competition and |
|
||
Act 1974 |
|
137 |
Consumer |
|
|
International Bar |
|
|
Commission (ACCC) |
|
38, 52 |
Association Rules |
|
135 |
Australian Law Reform |
|
|
International Chamber |
|
Commission (ALRC) |
|
92–93 |
|
of Commerce Rules |
|
134 |
Australian Quarantine |
|
|
London Court of |
|
|
Inspection Service (AQIS) |
88 |
|
International Arbitration |
Autonomy of parties |
|
7, 71 |
||
Rules |
|
135 |
|
|
|
London Maritime |
|
|
Bareboat charterparties |
|
87 |
Arbitrators’ |
|
|
Barriers to trade |
|
19 |
Association Rules |
|
136 |
Barter |
72, 112–14 |
|
London Maritime |
|
|
Battle of the forms |
|
69 |
Arbitrators’ |
|
|
Berne Convention for the |
|
|
Association Terms |
|
136 |
Protection of Literary |
|
|
New York |
|
|
and Artistic Works |
|
21, 22 |
Convention 1958 |
|
139, 141 |
Bills of exchange |
73, 103–05 |
|
procedure, rules |
|
|
Bills of Exchange |
|
|
governing |
|
133 |
Act 1909 |
|
104 |
small claims procedure |
136 |
draft |
|
103 |
|
Sydney Maritime |
|
|
drawees |
|
103 |
Arbitration Rules |
|
|
drawers |
|
103 |
and Terms |
|
138 |
foreign |
|
104 |
UNCITRAL |
|
|
holders in |
|
|
Model Law |
136–37, 138 |
due course |
|
104 |
|
UNCITRAL Rules |
|
133, 134 |
inland |
|
104 |
Article 85 |
|
26, 56 |
maturity date |
|
104 |
Article 86 |
|
27, 56 |
sight |
|
103 |
ASEAN (Association of |
|
|
time |
|
103 |
Southeast Asian Nations) |
31–32 |
Uniform Law |
|
|
|
|
|
|
on Cheques |
|
105 |
154
INDEX
Uniform Rules |
|
Hague Protocol |
95 |
for Collection |
105 |
International Air |
|
Bills of lading |
84–86 |
Transport Association |
97 |
charterparty |
85 |
international carriage, |
|
claused |
85 |
definition of |
95 |
clean |
85 |
Montreal Protocols |
95 |
Comite Maritime |
|
SDRs |
95 |
International |
150 |
Warsaw Convention |
94–95 |
container |
86 |
Carriage of goods |
|
electronic |
72 |
by land |
98–99 |
house |
86 |
Carriage of goods by sea |
81–94 |
INCOTERMS |
150 |
bills of lading |
84–86 |
Intertanko |
150 |
Carriage of Goods By |
|
Rules for Electronic |
|
Sea Act 1991 |
83, 84 |
Bills of Lading |
150 |
charterparties |
85, 86–88 |
Seadocs |
150 |
contracts of |
|
through |
86 |
affreightment |
86–88 |
Blocs |
25–35 |
documentation |
84–86 |
Boycotts |
41–42 |
freight |
93–94 |
primary |
41 |
Hague Rules |
70, 82 |
secondary |
41 |
Hague Visby Rules |
70, 82 |
Branch offices |
63–64 |
IMDG Code |
88–89 |
Breach of sales contracts, |
|
letters of indemnity |
85 |
liability or |
116–19 |
liner conferences |
93–94 |
Brussels Convention on |
|
marine insurance |
89–93 |
Jurisdiction and |
|
mate’s receipt |
85 |
Enforcement of |
|
packing |
88–89 |
Judgments in Civil |
|
SDRs |
84 |
and Commercial Matters |
27 |
SOLAS |
89 |
|
|
Cartels |
39 |
C group |
80 |
Causation |
54 |
C & F (Cost and Freight) |
80 |
CER (Australia New Zealand |
|
Cairns Group |
34 |
Closer Economic Relations |
|
Cargo Management |
|
Trade Agreement) |
32–34 |
Re-engineering project |
101 |
Charterparties |
86–88 |
Caribbean Community |
|
bills of lading |
85 |
(CARICOM) |
34 |
demise |
87 |
Carnets |
100–01 |
demurrage |
86 |
Carriage of goods by air |
|
GENCON |
86 |
air cargo insurance |
97–98 |
laytime |
86 |
air consignment notes |
94 |
sub-charters |
87 |
air waybills |
95 |
time |
86–87 |
Civil Aviation |
|
voyage |
87 |
(Carrier’s Liability) |
|
Chicago School |
37 |
Act 1959 |
95 |
Choice of law |
27 |
contracts |
94–98 |
CIF (Cost, Insurance, |
|
Guadalajara Convention |
95 |
Freight) |
79, 80–81 |
155
ESSENTIAL INTERNATIONAL TRADE LAW
CIM Convention |
|
(International Carriage |
|
of Goods By Road) |
98 |
Circuit layouts |
12, 66 |
Civil Aviation (Carrier’s |
|
Liability) Act 1959 |
95 |
Clothing, agreement on |
18–19 |
CMR (International Carriage |
|
of Goods by Road) |
98, 99 |
COAs (contracts of |
|
affreightment) |
86–88 |
Codes of practice |
|
dangerous goods |
88–89 |
franchising |
67 |
liner conferences |
93–94 |
Collusion |
39–40 |
horizontal |
39 |
vertical |
39 |
Comite Maritime |
|
International Rules of |
|
Electronic Bills of Lading |
150 |
Common external tariff |
26 |
Compensation |
113 |
Competition |
37–57 |
abuse of a |
|
dominant position |
27 |
allowed anti-competitive |
|
behaviour |
57 |
anti-competitive |
|
behaviour |
26, 57 |
anti-dumping |
|
action procedure |
54–56 |
Article 85 |
26, 56 |
Article 86 |
27 |
Australian Competition |
|
and Consumer |
|
Commission |
38, 52 |
boycotts |
41–42 |
primary |
41 |
secondary |
41 |
cartels |
39 |
causation |
54 |
Chicago School |
37 |
collusion |
39–40 |
horizontal |
39 |
vertical |
39 |
Competition Policy |
|
Reform Act 1995 |
45 |
Competition School |
37 |
conceptual |
|
approaches to |
37 |
conditional supply |
47–48 |
conspiracy |
39 |
Constitution |
38 |
dumping |
53–56 |
European |
|
Community |
56 |
European Union |
26, 55–56 |
exclusive dealing |
46 |
exemptions |
49 |
legitimate interest |
49 |
leveraging |
44–45 |
market |
|
power |
43–44 |
sharing |
40, 44 |
splitting |
40 |
substantial power |
43–44 |
materiality |
54 |
mergers and |
|
acquisitions |
51–53 |
Millennium Round |
57 |
misuse of substantial |
|
market power |
43–44 |
normal value |
53 |
parallel pricing |
43 |
predatory pricing |
45, 53 |
prices |
|
discrimination |
45 |
parallel |
43 |
predatory |
45, 53 |
fixing |
42–43 |
resale price |
|
maintenance |
48–49 |
public policy |
49, 50–51 |
purchase restrictions |
46 |
reasonableness |
49–50 |
refusal to supply |
46 |
regulation, need for |
37–39 |
resale restrictions |
46, 48–49 |
resale price |
|
maintenance |
48–49 |
restraint of trade |
49, 51 |
156
INDEX
supply |
|
|
credit transfers |
73 |
conditional |
|
47–48 |
cross-border |
|
refusal to |
|
46 |
insolvency |
73 |
Trade Measures |
|
|
currency |
111–12 |
Review Officer |
|
56 |
customs |
100–01 |
Trade Practices |
|
|
designs |
66 |
Act 1974 |
38–39, 41–43, |
distribution |
|
|
|
|
49–50 |
agreements |
62–63 |
Trade Practices |
|
|
electronic commerce |
72, 147–49 |
(Misuse of Trans- |
|
|
electronic funds |
|
Tasman Market Power) |
transfers |
73 |
||
Act 1990 |
|
56 |
franchising |
66–67 |
Treaty of Rome |
|
56 |
governing law |
69–70 |
United States |
|
57 |
guarantees |
73 |
World Trade |
|
|
Hague Rules |
70, 82 |
Organisation |
|
57 |
Hague Visby Rules |
70, 82 |
Competition School |
|
37 |
international |
|
Concerted unilateralism |
|
30 |
payments |
73 |
Conciliation |
|
73, 132–33 |
joint ventures |
64 |
Conditional supply |
|
47–48 |
lex mercatoria |
70 |
Conspiracy |
|
39 |
licensing |
64 |
Constitution |
|
8, 23 |
litigation, |
|
Construction |
|
72 |
provisions for |
140 |
Consultation |
|
127 |
multimodal |
99–100 |
Container bills of lading |
86 |
negotiation |
68 |
|
Contracts |
|
59–121 |
New York Convention |
|
affreightment, of |
|
86–88 |
on the Limitation |
|
agency arrangements |
60 |
Period in International |
||
alternative dispute |
|
|
Sale of Goods |
72 |
resolution |
|
73 |
passing of property |
102–09 |
bills of exchange |
|
63 |
patents |
64 |
branch offices |
|
63–64 |
payments |
|
breach of, |
|
|
international |
73 |
liability for |
|
116–19 |
risk, managing |
109–11 |
carriage of goods |
|
|
product liability |
119–21 |
by air |
|
94–98 |
public procurement |
72 |
carriage of goods |
|
|
Rome Convention on |
|
by land |
|
98 |
the Law Applicable |
|
carriage of goods |
|
|
to Contractual |
|
by sea |
|
72, 81–94 |
Obligations |
27 |
choice of law |
|
27 |
standard terms |
|
circuit layouts |
|
66 |
and conditions |
63–64 |
complete, negotiating |
68 |
stand-by letters |
|
|
construction |
|
72 |
of credit |
73 |
copyright |
|
65 |
subsidiaries |
63–64 |
countertrade |
|
112–14 |
taxation |
114–16 |
157
ESSENTIAL INTERNATIONAL TRADE LAW
trademarks |
|
65 |
D group |
80 |
trade terms |
|
78–81 |
Damages |
117, 119 |
transport |
|
72 |
Dangerous goods |
88–89 |
UN Convention on |
|
|
DDP (Delivered |
|
the Carriage of |
|
|
Duty Paid) |
80 |
Goods by Sea |
|
72 |
DDU (Delivered |
|
UN Convention on the |
Duty Unpaid) |
80 |
||
Liability of Operators |
Deadweight |
86 |
||
of Transport |
|
|
Defective products |
119–21 |
Terminals |
|
72 |
Definition of |
|
UNCITRAL |
|
69, 71, 72 |
international trade |
3 |
UNIDROIT |
|
70–71 |
Delivered Duty |
|
Vienna Convention |
|
69, 71, 72, |
Paid (DDP) |
80 |
|
|
74–78 |
Delivered Duty |
|
Conventions |
|
|
Unpaid (DDU) |
80 |
See Treaties and conventions |
Delivered Ex |
|
||
Copyright |
|
21, 65 |
Quay (DEQ) |
80 |
Corporate veil, piercing the |
64 |
Delivered Ex Ship (DES) |
80 |
|
Cost and Freight (C&F) |
|
80 |
Demise charterparties |
87 |
Cost, insurance, |
|
|
Demurrage |
86 |
freight (CIF) |
|
79, 80–81 |
Department of Foreign |
|
COTIF (International |
|
|
Affairs and Trade |
127, 128, 130 |
Carriage by Rail |
|
|
DEQ (Delivered |
|
Convention) |
|
98 |
Ex Quay) |
80 |
Council for Trade |
|
|
DES (Delivered |
|
in Services |
|
20 |
Ex Ship) |
89 |
Council for TRIPS |
|
21 |
Designs |
66 |
Counterfeiting |
|
21–23 |
Determined manufactured |
|
Countertrade |
72, 112–14 |
raw materials |
33 |
|
Countervailing measures, |
|
|
Discrimination in prices |
45 |
agreement on |
|
19 |
Dispute settlement |
123–42 |
Credit transfers |
|
73 |
alternative |
73 |
Currency |
|
111–12 |
arbitration |
133–39 |
Customs |
|
100–01 |
conciliation |
132–33 |
Customs Act 1901 |
|
100 |
consultation |
126 |
Customs Co-operation |
|
|
Department of Foreign |
|
Council |
|
100 |
Affairs and |
|
Customs Legislation |
|
|
Trade |
127, 128, 130 |
Amendment and |
|
|
Dispute Settlement |
|
Repeal (International |
|
|
Body |
125, 127 |
Trade Modernisation) |
Foreign State |
|
||
Bill 2001 |
|
101 |
Immunities |
|
Customs Tariff Act 1995 |
|
100 |
Act 1985 |
129 |
158
INDEX
GATT |
123, 124–25 |
Electronic commerce |
72, 73, 143–52 |
||
ICC Conciliation |
|
|
auctions |
|
149 |
Rules |
|
132 |
Australian initiatives |
145–46 |
|
International Court |
|
|
authentication |
|
144 |
of Justice |
|
129, 130 |
bills of lading |
72, 149–51 |
|
litigation |
|
139–42 |
contracts |
72, 147–49 |
|
mediation |
|
132–33 |
effect of |
|
143 |
OEEC |
|
124 |
Electronic Transactions |
|
|
private traders and |
|
129–32 |
Act 1999 |
|
145–46 |
sovereign immunity |
|
129 |
Electric Transactions |
|
|
state parties and |
|
|
Regulations 2000 |
|
146 |
private traders, |
|
|
|
143 |
|
between |
|
129–30 |
encryption |
|
144 |
UN Security Council |
|
130 |
foreign laws, |
|
|
UNCITRAL Conciliation |
exposure to |
|
146–47 |
||
Rules |
|
132 |
integrity |
|
144 |
Uruguay Round |
|
125 |
international |
|
|
World Trade |
|
|
initiatives |
|
145 |
Organisation |
|
23, 125–29 |
non-repudiation |
|
144 |
Distribution agreements |
|
62–63 |
payments |
|
151–52 |
distributors |
|
62 |
smart cards |
|
152 |
exclusive rights |
|
62 |
stored value cards |
|
152 |
reciprocity |
|
62 |
SWIFT |
|
150 |
sole |
|
62 |
trade communications |
143–45 |
|
DMRMs (determined |
|
|
Trade Practices |
|
|
manufactured |
|
|
Act 1974 |
|
147 |
raw materials) |
|
33 |
UNCITRAL Model Law |
145 |
|
Documentation |
|
84–86 |
Uniform Customs and |
|
|
Dominant commercial |
|
|
Practice on |
|
|
organisations |
|
8–9 |
Documentary Credits |
151 |
|
Dominant position |
|
27 |
web site auctions |
|
149 |
Double insurance |
|
89 |
World Trade |
|
|
DSU (Dispute Settlement |
|
|
Organisation |
|
149 |
Understanding) |
|
23 |
Electronic data |
|
|
Dumping |
|
|
interchange |
|
72 |
See also Anti-dumping |
13, 53 |
Electronic funds transfer |
73 |
||
|
|
|
Electronic mail |
|
143 |
E group |
|
80 |
|
143 |
|
Economic Community of |
|
|
Encryption |
|
144 |
West African |
|
|
European Community |
|
25, 56 |
States (ECOWAS) |
|
9 |
European Convention on |
|
|
Electronic bills |
|
|
the Mutual Recognition |
|
|
of lading |
|
72, 149–51 |
of Judgments |
|
139 |
159
ESSENTIAL INTERNATIONAL TRADE LAW
European Court of Justice |
|
26 |
prepaid |
|
93 |
European Union |
9, 25–27, |
Trade Practices |
|
|
|
|
56–57, 139 |
Act 1974 |
|
93 |
|
Ex works (EXW) |
|
80 |
Frustration |
|
119 |
Exclusive dealing |
|
46 |
|
|
|
Exclusive distribution |
|
|
GAFTA (Grains and Feed |
|
|
agreements |
|
62 |
Trade Association) |
|
69 |
Export |
|
13 |
GATS (General Agreement |
|
|
Export Finance Insurance |
|
|
on Trade in Services) |
20 |
|
Corporation |
|
109 |
GATT |
|
15 |
EXW (Ex Works) |
|
80 |
dispute settlement |
123, 124–25 |
|
|
|
|
negotiations |
|
|
F group |
|
80 |
1947–94 |
|
15 |
FALCA Rules (Fast and |
|
|
role of |
|
14–15 |
Low Cost Arbitration) |
|
136 |
Uruguay Round |
15, 16, 17, 125 |
|
FAS (Free Alongside Ship) |
|
80 |
World Trade |
|
|
Fast and Low Cost |
|
|
Organisation |
|
14–17 |
Arbitration Rules |
|
|
GENCON |
|
86 |
(FALCA) |
|
136 |
General Agreement on |
|
|
FCA (Free Carrier) |
|
80 |
Tariffs and Trade |
|
|
Floating policies |
|
90 |
See GATT |
|
|
FOB (Free on Board) |
79, 80, 81 |
General Agreement on |
|
|
|
Force majeure |
|
78, 110 |
Trade in Services (GATS) |
20 |
|
Foreign Judgments |
|
|
General average |
|
91 |
Act 1991 |
|
142 |
Generally recognised |
|
|
Foreign State Immunities |
|
|
principles of law |
|
6–7 |
Act 1985 |
|
129 |
Geneva Protocol on |
|
|
Forward foreign |
|
|
Arbitration Clauses 1923 |
139 |
|
exchange transactions |
|
112 |
Good faith, duty of |
|
6–7, 89 |
Franchising |
|
66–67 |
Goods and Services Tax |
116 |
|
code of practice |
|
67 |
Governing law |
|
69–70 |
franchisees |
|
67 |
Green line |
|
100 |
franchisors |
|
67 |
Guadalajara Convention |
95 |
|
trademarks |
|
66 |
Guarantees |
|
73 |
UNIDROIT Guide to |
|
|
|
|
|
International Master |
|
|
Hague Protocol |
|
95 |
Franchise Arrangements |
67 |
Hague Rules |
|
70, 82, |
|
Free Alongside Ship (FAS) |
|
80 |
Hague Visby Rules |
|
70, 82 |
Free Carrier (FCA) |
|
80 |
Hardship |
|
78 |
Free on Board (FOB) |
79, 80, 81 |
Hedging |
|
112 |
|
Freight |
|
93–94 |
House bills of lading |
|
86 |
back |
|
94 |
Hull insurance |
|
89 |
collect |
|
94 |
|
|
|
dead |
|
94 |
IAA (Institute of |
|
|
liner conferences |
|
93–94 |
Arbitrators Australia) |
138 |
160
INDEX
IATA (International Air |
|
|
Transport Association) |
9, 97 |
|
IBA (International Bar |
|
|
Association) |
|
9, 135 |
ICC (International Chamber |
|
|
of Commerce) |
9, 79–80, 99, |
|
|
107–09, 132, |
|
|
134, 150, 151 |
|
IMDG Code (International |
|
|
Maritime Dangerous |
|
|
Goods) |
|
88–89 |
Immunity |
|
|
See Sovereign immunity |
|
|
IMO (International |
|
|
Maritime Organisation) |
9 |
|
Import quotas |
|
12 |
Incoterms |
79–81, 150 |
|
Indemnities |
|
91–92 |
Insolvency, cross-border |
|
73 |
Institute Cargo Clauses |
|
90–91 |
Institute of Arbitrators |
|
|
Australia |
|
138 |
Insurable interest |
|
89 |
Insurance
See also Marine insurance
air cargo |
97–98 |
cost, insurance, |
|
freight |
79, 80–81 |
Integrated circuits |
21, 66 |
Intellectual property |
|
rights |
21–23, 64–66 |
Intergovernmental |
|
organisations |
9 |
Intermediate goods |
33 |
International Air |
|
Transport Association |
|
(IATA) |
9, 97 |
International Bar |
|
Association (IBA) |
9, 135 |
International Chamber of |
|
Commerce (ICC) |
9, 79–80, |
107–09, 132, 134 |
|
International commercial |
|
arbitration |
73 |
International Court |
|
of Justice |
129, 130 |
International Institute for |
|
the Unification of |
|
Private Law |
|
See UNIDROIT |
|
International joint ventures |
64 |
International Law Association |
91 |
International Maritime |
|
Organisation (IMO) |
9 |
International payments |
73 |
International Standby |
|
Practices |
109 |
International trade contracts |
|
See Contracts |
|
International Trade |
|
Organisation (ITO) |
11, 14 |
International trade |
|
organisations |
9 |
Intertanko |
150 |
Investment |
19 |
IPIC Treaty (Treaty on |
|
Intellectual Property in |
|
Respect of Integrated |
|
Circuits) |
21 |
ITO (International |
|
Trade Organisation) |
11, 14 |
Joint ventures |
64 |
Knock out doctrine |
69 |
Land, carriage of goods by |
98–99 |
Last shot doctrine |
69 |
Laycan |
86 |
Laytime |
86 |
LCIA Rules (London Court |
|
of International |
|
Arbitration) |
135 |
Legitimate interest |
49 |
Letters of credit |
|
applicants |
108 |
back-to-back |
106 |
beneficiaries |
108 |
confirming banks |
106 |
confirming credit |
105 |
correspondent banks |
106 |
documentary |
105–09 |
161
ESSENTIAL INTERNATIONAL TRADE LAW
International Standby |
|
|
London Maritime |
|
Practices |
|
109 |
Arbitrators’ Association |
|
irrevocable |
|
|
Rules (LMAA) |
136 |
unconfirmed |
|
105 |
London Maritime |
|
issuing banks |
|
106 |
Arbitrators’ Association |
|
payment |
|
103 |
Terms (LMAA) |
136 |
revocable |
|
105 |
|
|
stand-by |
|
73 |
Maastricht Treaty |
25 |
UNCITRAL Model |
|
|
Manila Action Plan |
31 |
Law on Credit Transfers |
109 |
Marine insurance |
89–93 |
|
Uniform Customs |
|
|
Australian Law |
|
and Practice |
|
107–09 |
Reform Commission |
92–93 |
Letters of indemnity |
|
85 |
double insurance |
89 |
Leveraging |
|
44–45 |
floating policies |
90 |
Lex mercatoria |
5–6, 70, 80 |
general average |
91 |
|
Licensing |
|
64, 65 |
good faith |
89 |
Limitation periods |
|
72 |
hull |
89 |
Liner conferences |
|
93–94 |
indemnities |
91–92 |
Liquidated damages |
|
119 |
Institute Cargo |
|
Litigation |
|
139–42 |
Clauses |
90–91 |
appeals |
|
141 |
insurable interests |
89 |
enforcement |
|
141–42 |
Insurance Contracts |
|
express contractual |
|
|
Act 1984 |
92 |
provisions |
|
140 |
International Law |
|
Foreign Judgments |
|
|
Association |
91 |
Act 1991 |
|
142 |
Marine Insurance |
|
most significant |
|
|
Act 1909 |
92–93 |
relationship |
|
140–41 |
open cover |
90 |
Prohibition of Foreign |
|
|
responsibility to |
|
Judgment Enforcement |
|
take out |
90 |
|
Act 1984 |
|
142 |
sound arrived value |
92 |
UN Convention on |
|
|
subrogation |
89, 92 |
Law Applicable to |
|
|
time policies |
89 |
Contracts for International |
types of |
89–90 |
||
Sale of Goods |
|
140 |
unvalued policy |
90 |
vesting of rights doctrine |
140 |
valued policy |
89 |
|
LMAA Rules (London |
|
|
voyage policies |
89 |
Maritime Arbitrators’ |
|
|
York-Antwerp Rules |
91 |
Association) |
|
136 |
Market |
|
LMAA Terms ((London |
|
|
competition |
40, 43–44 |
Maritime Arbitrators’ |
|
|
power |
43–44 |
Association) |
|
136 |
sharing |
40, 44 |
LOIs (Letters of Indemnity) |
85 |
splitting |
40 |
|
London Court of |
|
|
substantial power |
43–44 |
International Arbitration |
|
Marrakesh Agreement |
17–23 |
|
Rules (LCIA) |
|
135 |
Materiality |
54 |
162
INDEX
Mate’s receipts |
|
85 |
Model Tax Convention |
115–16 |
|
Mediation |
|
132–33 |
OEEC (Organisation for |
|
|
MERCOSUR |
|
29–30 |
European Economic |
|
|
Mergers |
|
51–53 |
Co-operation) |
|
124 |
Misrepresentation |
|
118 |
Open cover |
|
90 |
Misuse of substantial |
|
|
Open regionalism |
|
30 |
market power |
|
43–44 |
Osaka Action Plan |
|
31 |
Mitigation of loss |
|
117 |
|
|
|
Montreal Protocols |
|
95 |
Parallel imports |
|
65, 66 |
Most-favoured nation |
|
|
Parallel pricing |
|
43 |
treatment |
|
12 |
Paris Convention for the |
|
|
Most significant |
|
|
Protection of Industrial |
|
|
relationship |
|
140–41 |
Property |
|
21 |
Motive for |
|
|
Party autonomy |
|
7, 71 |
international trade |
|
3 |
Passing of property |
|
78, 102–03 |
Multimodal transport |
86, 99–100 |
Passing of risk |
|
78 |
|
Multinationals |
|
63 |
Patents |
|
64 |
Multi-trade negotiations |
|
15 |
Payments |
|
|
|
|
|
bills of exchange |
|
103–05 |
NAFTA (North American |
|
|
currency |
|
111–12 |
Free Trade Association) |
9, 27–29 |
direct |
|
103 |
|
National treatment |
|
12 |
electronic |
|
151–52 |
Negligence |
|
|
international |
|
73 |
misrepresentation |
|
118 |
letters of credit |
103, 105–09 |
|
product liability |
|
120 |
risk |
|
109–11 |
New Tax System (Goods and |
|
Penalties |
|
119 |
|
Services Tax) Act 1999 |
|
116 |
Phytosanitary measures, |
|
|
New York Convention |
|
|
agreement on |
|
18 |
on Recognition and |
|
|
Political risk |
|
110 |
Enforcement of Foreign |
|
Precedent |
|
7 |
|
Arbitral Awards |
|
139, 141 |
Predatory pricing |
|
45, 53 |
New Zealand |
|
32–34 |
Preferential trading |
|
|
Non-governmental |
|
|
arrangements |
|
13, 32–34 |
organisations |
|
9 |
Prejudicial intermediate |
|
|
Normal value |
|
53 |
goods |
|
33 |
North American Free |
|
|
Prices |
|
|
Trade Association |
|
|
competition |
|
42–43, 45, |
(NAFTA) |
|
9, 27–29 |
|
|
48–49, 53 |
Nuisance |
|
121 |
discrimination |
|
45 |
|
|
|
parallel |
|
43 |
OECD (Organisation for |
|
|
predatory |
|
45, 53 |
Economic Co-operation |
|
fixing |
|
42–43 |
|
and Development) |
|
34 |
resale price |
|
|
Guidelines for |
|
|
maintenance |
|
48–49 |
Multinational |
|
|
Primary boycotts |
|
41 |
Enterprises |
|
68 |
Private international |
|
|
|
|
|
trade law |
|
4 |
163
ESSENTIAL INTERNATIONAL TRADE LAW
Product liability |
|
119–21 |
Safeguards, agreement on |
20 |
Prohibition of Foreign |
|
|
Safety of life at sea (SOLAS) |
89 |
Judgment Enforcement |
|
|
Sale of Goods Act 1923 |
116 |
Act 1984 |
|
142 |
Sale of Goods (Vienna |
|
Promissory notes |
|
73 |
Convention) Act 1986 |
116 |
Protocol to the Australia |
|
|
Sanitary measures, |
|
New Zealand Closer |
|
|
agreement on |
18 |
Economic Relations |
|
|
SDRs (Special |
|
Trade Agreement on |
|
|
Drawing Rights) |
84, 96 |
Acceleration of Free |
|
|
Sea |
|
Trade in Goods |
|
33 |
See Carriage of goods by sea |
|
Public international |
|
|
Sea waybills |
84 |
trade law |
|
4 |
Seadocs |
150 |
Public policy |
49, 50–51 |
Secondary boycotts |
41 |
|
Public procurement |
|
72 |
Security Council |
130 |
Purchase restrictions |
|
46 |
Shipping conferences |
93–94 |
|
|
|
Small claims procedure |
136 |
Qualified liability model |
|
120 |
SMART (Sydney |
|
Quarantine |
|
88 |
Maritime Arbitration |
|
Quotas |
|
12 |
Rules and Terms) |
138 |
|
|
|
Smart cards |
152 |
Rail transport |
|
98 |
SOLAS (Safety of |
|
Reasonableness |
|
49–50 |
Life at Sea) |
89 |
Refusal to supply |
|
46 |
Sole distribution |
|
Resale price |
|
|
agreements |
62 |
maintenance |
|
48–49 |
Sound arrived value |
92 |
Resale restrictions |
46, 48–49 |
Sources of international |
|
|
Restraint of trade |
|
49, 51 |
trade law |
4 |
Retention of title clauses |
|
102 |
Sovereign immunity |
4 |
Risk |
|
|
Special drawings |
|
commercial |
|
110 |
rights (SDRs) |
84, 96 |
Export Finance |
|
|
Specific performance |
116 |
Insurance Corruption |
|
109 |
Standard industry |
|
passing of |
|
78 |
contracts |
69 |
payments, managing |
|
109–11 |
Standard terms |
|
political |
|
110 |
and conditions |
68–69 |
Road transport |
|
98, 99 |
Stand-by letters of credit |
73 |
Romalpa clauses |
|
102 |
State immunity |
|
Rome Convention for |
|
|
See Sovereign immunity |
|
the Protection of the |
|
|
State trading |
13–14 |
Rights of Performers, |
|
|
Stored value cards |
152 |
Producers of Phonographs |
|
Strict liability |
119–20 |
|
and Broadcasting |
|
|
Sub-charters |
87 |
Organisations |
|
21 |
Subrogation |
89, 92 |
Rome Convention on |
|
|
Subsidiaries |
63–64 |
the Law Applicable |
|
|
Subsidies |
14, 19 |
to Contractual Obligations |
27 |
Substitution |
117 |
164
INDEX
Supply |
|
|
Transport |
|
|
competition |
|
46–48 |
See also Carriage of goods by |
||
conditional |
|
47–48 |
air, Carriage of goods by |
||
refusal to |
|
46 |
land, Carriage of goods |
||
SWIFT |
|
150 |
by sea |
|
72 |
Sydney Maritime Arbitration |
Treaties and conventions |
|
|
||
Rules and Terms |
|
138 |
See also Particular treaties |
||
|
|
|
European Union |
|
25–27 |
Tariffs |
|
|
intellectual property |
|
21 |
agriculture |
|
18 |
obligations imposed in |
5 |
|
common external tariff |
26 |
role of |
|
4–5 |
|
customs |
|
101 |
Treaty of Rome |
|
25, 27, 56 |
nomenclature |
|
101 |
Treaty on European |
|
|
Taxation |
|
114–16 |
Union |
|
25 |
Technical barriers to trade, |
|
TRIMs (Trade Related |
|
|
|
agreement on |
|
19 |
Aspects of Investment |
|
|
Terminals, operators |
|
|
Measures) |
|
19 |
of transport |
|
72 |
TRIPs (Trade Related Aspects |
||
Textiles, agreement on |
|
18–19 |
of Intellectual Property |
|
|
Through bills of lading |
|
86 |
Rights) |
|
21–23, 32 |
Time charterparties |
|
86–87 |
|
|
|
Time limits |
|
72 |
UCP 500 (Uniform Customs |
|
|
Time policies |
|
89 |
and Practice for |
|
|
Title, retention of |
|
102 |
Documentary |
|
|
Tracing |
|
102 |
Credits) |
107–09, 151 |
|
Trademarks |
|
65, 66 |
UN Convention on Law |
|
|
Trade Measures |
|
|
Applicable to Contracts |
|
|
Review Officer |
|
56 |
for International |
|
|
Trade Practices |
|
|
Sale of Goods |
|
140 |
Act 1974 |
38–39, 41–43, |
UNCTAD |
|
12, 15, 99 |
|
49–50, 66, 93, 117, |
UNCITRAL |
|
6, 69 |
||
|
|
121, 147 |
alternative dispute |
|
|
Trade Practices (Misuse of |
|
resolution |
|
73 |
|
Trans-Tasman Market |
|
arbitration |
73, 133, 134, |
||
Power) Act 1990 |
|
56 |
|
136–37, 138 |
|
Trade Related Aspects of |
|
case law |
|
75 |
|
Intellectual Property |
|
conciliation |
|
73, 132 |
|
Rights (TRIPs) |
|
21–23, 32 |
construction |
|
72 |
Trade Related Aspects of |
|
countertrade |
|
72, 114 |
|
Investment Measures |
|
credit transfers |
|
73, 109 |
|
(TRIMs) |
|
19 |
cross-border |
|
|
Trade terms |
|
78–80 |
insolvency |
|
73 |
Trading blocs |
|
25–35 |
electronic commerce |
|
72, 145 |
Transnational corporations |
9 |
|
|
|
165
ESSENTIAL INTERNATIONAL TRADE LAW
letters of credit |
|
109 |
passing of property |
78 |
public procurement |
|
72 |
passing of risk |
78 |
Understanding on Rules |
|
product liability |
120 |
|
and Procedures |
|
|
UNCITRAL |
75 |
Governing the |
|
|
Vienna Convention on the |
|
Settlement of Disputes |
23 |
Law of Treaties |
5, 61 |
|
UNESCO |
|
101 |
Voyage charterparties |
87 |
UNIDROIT |
|
6 |
Voyage policies |
89 |
agency |
|
61 |
|
|
franchising |
|
67 |
Warranties, breach of |
117–18 |
party autonomy |
|
71 |
Warsaw Convention on |
|
uniform rules |
|
70 |
Carriage of Goods |
|
Uniform Customs and Practice |
by Air |
94–95 |
||
on Documentary |
|
|
Waybills |
84, 95 |
Credits (UCP) |
107–09, 151 |
Website auctions |
149 |
|
Uniform Law |
|
|
World Intellectual |
|
on Cheques |
|
105 |
Property Organisation |
|
Uniform Rules |
|
|
(WIPO) |
21 |
for Collection |
|
105 |
World Trade Organisation |
11–24 |
United Nations |
|
9, 130 |
Agreement |
16–23 |
United Nations Commission |
agriculture |
18 |
||
on International |
|
|
Anti-Dumping |
|
Trade Law |
|
71 |
Agreement |
53 |
United States |
|
57 |
background |
11–12 |
Universal Copyright |
|
|
clothing |
18–19 |
Convention |
|
21 |
Constitution |
23 |
Unvalued policies |
|
90 |
countervailing |
|
Uruguay Round |
15, 16, 17, 125 |
measures |
19 |
|
|
|
|
dispute settlement |
23, 125–29 |
Valued policies |
|
89 |
domestic application |
23–24 |
Vesting of rights |
|
|
dumping |
13, 53 |
doctrine |
|
140 |
electronic commerce |
149 |
Vienna Convention on |
|
|
GATS |
20 |
the International Sale |
|
GATT |
14–17 |
|
of Goods |
|
69, 71, 72, |
International Trade |
|
|
|
74–78 |
Organisation |
11 |
breach of contract, |
|
|
Marrakesh Agreement |
17–23 |
liability for |
|
116, 118 |
membership |
16–17 |
case law |
|
75 |
most-favoured nation |
|
dirty hands |
|
78 |
treatment |
12 |
force majeure |
|
78 |
national treatment |
12 |
hardship clauses |
|
78 |
phytosanitary |
|
interpretation |
|
75 |
measures |
18 |
non-governance |
|
76–77 |
preferential trading |
|
|
|
|
arrangements |
13 |
166
INDEX
private international |
|
textiles |
18–19 |
trade law |
4 |
TRIMs |
19 |
public international |
|
TRIPs |
21–23, 32 |
trade law |
4 |
Understanding on Rules |
|
quota restrictions, |
|
and Procedures |
|
elimination of |
12 |
Governing the |
|
safeguards |
20 |
Settlement of Disputes |
23 |
sanitary measures |
18 |
WTO |
|
state trading |
13–14 |
See World Trade Organisation |
|
subsidies |
14, 19 |
|
|
technical barriers |
|
York-Antwerp Rules |
91 |
to trade |
19 |
|
|
167