Topic:  International Trade Law

:n8
Description: [?]

Preferred language style: English (U.K.)

My assignment should be answered question by question and you don’t
have to mention the terms in question (e) thanks

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Salzburg Vineyards (SV) is an Austrian manufacturer of wine. East Coast Wines Pty Ltd (ECW) is an Australian distributor of wine with its principal place of business inBrisbane. Susan is the managing director of ECW. She first met Roberto, who is the head of SV, at a party inLos Angeles. (Objective test of the applicable law: place of business  place where contract made  all these countries have ratified the CISG  Is there any country derogate from 11a? Article 6 )

Roberto spoke so positively of SV’s operation that Susan agreed immediately to purchase 7,000 cases of the most popular SV wines at US$100 per case. No documents were exchanged. Roberto stated that all warrantees are excluded. Roberto agreed to ship the wine on his return toAustria, and asked Susan to organise payment by letter of credit upon receipt of all relevant shipping documents. On her return toBrisbane, Susan becomes worried that the wine purchased will be unsuitable for Australian conditions.

 

(a)    Has a valid contract for the international sale of goods been formed? Does it matter that there is, as yet, no writing between the parties?

In common law for a contract to be form there must be an agreement between parties….

However in international transaction, to keep an alive relationship between parties, no written document is necessary in forming a contract.(Cite theories and cases.)

Formation  of  the contract :  article 14 offer and 18 acceptance  (p .16)

Article 11 and 12 stipulated that “the contract of sale need not to be concluded in or evidenced by writing and is not subject to any other requirement as to form.” In adopting the convention, do these countries

 

 

(b) Could the United Nations Convention on Contracts for the International Sale of Goods (1980) apply to this transaction? Give reasons.

1. All these countries have ratified the CISG

However, is there any country derogate from 11a? Article 6, 92, 96

Austria 11 September 1997 Supreme Court (Carpets case) [translation available]

2. Article 1 OF CISG stipulated that:

 

(c) If the United Nations Convention on Contracts for the International Sale of Goods (1980) does apply, must it be applied in full? Explain.

No, subject to Article 6, any part of the Convention can be excluded.

Looking at the parties intention to  decide (article 8)

 

Exclusion of parts of the Convention may be achieved by adopting contract terms that conflict with those in the Convention or by excluding the unwanted provisions of the Convention.

“Article(s)… of the Convention on Contracts for the International Sale of Goods shall not apply to this Contract.”

“Article(s)… of the Convention on Contracts for the International Sale of Goods is (are) excluded.”

“The terms stated in this document shall govern the rights and obligations of the parties, notwithstanding any provision of the Convention on Contracts for the International Sale of Goods to the contrary.”

“Any provision in this document which conflicts with any provision of the Convention on Contracts for the International Sale of Goods shall be deemed to be a derogation from or variance of the effect of Convention’s provisions within the meaning of its Article 6.”

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International Trade Law
Order Description
Problem Set for International Trade Law

Assume that all the following facts in both cases are fictional. Do not make any additional factual assumptions

1. Mars is a WTO member country. It imposes a 20% tax on sales of soft drinks that use black tea as ingredient; 10% sales tax is imposed on soft drinks that use green tea as ingredient. Domestic soft drink manufacturers produce both green tea and black tea soft drinks. Mars’s law requires that only soft drinks made with added caffeine should include caffeine content in their labels. Both green tea and black tea soft drinks contain naturally generated caffeine. Domestic soft drinks made of green tea do not include caffeine content in their labels, because they do not add caffeine during the production process. Domestic soft drinks made of black tea include caffeine content in the labels because caffeine is added in the production process. The caffeine content included in the labels of soft drinks has the effect of reducing the overall consumption of the soft drinks. HS Codes for green tea and black tea are 090210 and 090230 respectively. The applied MFN duty rates for black tea and green tea are 10% and 10%. For climatic reason, black teas are not produced in Mars. However, Mars produces green teas. Green tea producers are farmers living in the island of Pluto in southern part of Mars. The green tea production is the main source of their income. Green tea soft drinks produced in Mars use both domestic green teas from Pluto island and imported green teas. In contrast, black tea soft drinks produced in Mars use only imported black teas. The HS Code for soft drinks made of green tea or black tea is identically 210120. The applied MFN duty rate for both soft drinks is identically 100%, resulting in minimal quantities of imports of both soft drinks. DRI, a marketing research firm, once reported that as the black tea soft drink price rises by 10%, the consumption of green tea soft drinks rises as much as 9%.

Indus is a WTO member country and is the world’s largest exporter of black teas. Indus claims that Mars is not meeting its WTO obligations in its treatment of black teas imported from Indus. The Indus government is seeking your expert opinion regarding WTO claims against Mars. Write a short memo exploring the validity of possible claims against Mars.

International Trade Law
Order Description
Problem Set for International Trade Law

Assume that all the following facts in both cases are fictional. Do not make any additional factual assumptions

1. Mars is a WTO member country. It imposes a 20% tax on sales of soft drinks that use black tea as ingredient; 10% sales tax is imposed on soft drinks that use green tea as ingredient. Domestic soft drink manufacturers produce both green tea and black tea soft drinks. Mars’s law requires that only soft drinks made with added caffeine should include caffeine content in their labels. Both green tea and black tea soft drinks contain naturally generated caffeine. Domestic soft drinks made of green tea do not include caffeine content in their labels, because they do not add caffeine during the production process. Domestic soft drinks made of black tea include caffeine content in the labels because caffeine is added in the production process. The caffeine content included in the labels of soft drinks has the effect of reducing the overall consumption of the soft drinks. HS Codes for green tea and black tea are 090210 and 090230 respectively. The applied MFN duty rates for black tea and green tea are 10% and 10%. For climatic reason, black teas are not produced in Mars. However, Mars produces green teas. Green tea producers are farmers living in the island of Pluto in southern part of Mars. The green tea production is the main source of their income. Green tea soft drinks produced in Mars use both domestic green teas from Pluto island and imported green teas. In contrast, black tea soft drinks produced in Mars use only imported black teas. The HS Code for soft drinks made of green tea or black tea is identically 210120. The applied MFN duty rate for both soft drinks is identically 100%, resulting in minimal quantities of imports of both soft drinks. DRI, a marketing research firm, once reported that as the black tea soft drink price rises by 10%, the consumption of green tea soft drinks rises as much as 9%.

Indus is a WTO member country and is the world’s largest exporter of black teas. Indus claims that Mars is not meeting its WTO obligations in its treatment of black teas imported from Indus. The Indus government is seeking your expert opinion regarding WTO claims against Mars. Write a short memo exploring the validity of possible claims against Mars.