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20xx10071980年聯(lián)合國國際貨物銷售合同公約在成員國的適用與解釋國際研討會論文集-文庫吧資料

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【正文】 case law reporting The importance of case law reporting is: It ―help[s] promote rigorous legal reasoning and standards of legal interpretation.‖ It ―serve[s] as a useful guide for judges [and arbitrators] to encourage consistency and … predictability.‖9 In the mon law world, Sir Edward Coke highlighted the importance of case law reporting, stating: ―The reporting of particular Cases or Examples is the most perspicuous course of teaching the right rule and reason of the law.‖10 China recognized the importance of case law reporting at an earlier date. The Collected Models of Clarity and Lucidity was published in China with a preface that dates back to 1261. Clarity and Lucidity is a casebook that reproduces the texts of decisions. It is said to provide ―unparalleled insight into how contract law was understood …‖11 The rule of law in China In China, the rule of law has gone through different periods. 7 Jean Giono, ―The Man Who Planted Trees‖, twentieth anniversary edition, Chelsea Green Publishing Company: White River Junction, Vermont (2021). 8 In keeping with the principle of confidentiality that is a basic feature of mercial arbitration, all of the awards that CIETAC has published have been redacted to avoid identification of parties, etc. 9 Id. at 1350 and 1351. 10 Reported in Bernadette Meyler, ―Towards A Common Law Originalism‖, 59 Stan. L. Rev. (2021) 551, 588. 11 Valerie Hansen, ―Negotiating Daily Life in Traditional China: How Ordinary People Used Contracts 600 – 1400‖, Yale University Press (1995) 9596. CELEBRATING AND RESEARCHING THE CISG PROGRESS IN THE RULE OF LAW IN THE PRC 7 ―In 618 … the first Tang emperor established a dynasty that was to rule China for the next three centuries. The Tang was a time of extensive contact with the foreign peoples who traveled along the Silk Road from India and Central Asia. … One of the lasting acplishments … was The Tang Code, promulgated in 653 … [It contains] a clear statement of how things should be according to Confucian principles.‖12 The Tang Code had a long lasting influence on the rule of law in China, and it was emulated by trading partners of Subsequently, ―Portuguese merchants and Spanish missionaries … noted in the latter half of the sixteenth century that the Chinese judges were much better and fairer than their European counterparts. Over time, the depiction evolved so that by the mideighteenth century, Chinese justice was understood as a product of the Son of Heaven guided by Confucian morals.‖14 However, analysts have regarded the MarxistLeninist era after the proclamation of the People‘s Republic of China as ―less conducive to the establishment of a modern form of rule of law.‖15 A period of reform was initiated in the late 1970s. It has The reform is a work in One still encounters expressions of the need for further implementation of the rule of law in China and more transparency. However, there can be no dispute that in the field of law that we address in today‘s seminar, there has been dramatic progress in the PRC in both the rule of law and transparency of awards. And we predict much further progress thanks to ongoing sharing of awards with the world trade munity by CIETAC and a Wuhan Law School innovation: A CISGChina Inter database that will make an abundance of case law and mentary on uniform international sales law in the PRC and globally freely and readily available to all Chinese traders and persons who trade with China. The Wuhan database material is available in Chinese and in English. It will be a great boon to all who research the CISG. The free availability on this site of the plete text of a new 2021 Chinese edition of an 825page case law annotated treatise on the CISG by Chengwei Liu will be an added dividend. I have a vision An honored American has said, ―I have a vision‖. I also have a vision. The People‘s Republic of China has demonstrated that it is well on the road to world leadership in volume of case law on uniform international sales law. I have a vision of a PRC whose case law is also cited by scholars of all countries as a model for all arbitrators and judges to emulate. Is this realistic? Absolutely! – particularly considering the rapidity and extent to which China has 12 Id. at 17. 13 Limin Wong, ―The Tang Code and the Early Social Development of the Tang Dynasty‖, US China Law Review (July 2021) Volume 2, No. 7 (Serial No. 8). 14 Jonas Grimhalden, ―The Reform Path of the Chinese Judiciary: Progress or StandStill?, 30 Fordham International Law Journal (2021) 10031004 (citations omitted). 15 Id. at 1006. 16 Id. See also Zhao Xiuwen amp。 Lisa A. Kloppenberg, ―Reforming Chinese Arbitration Law and Practices in the Global Economy‖, 31 University of Dayton Law Review (2021) 423. 6 D‘Souza, supra n. 3 at 13211322 (citations omitted). 1980 年《聯(lián)合國國際貨物銷售合同公約》( CISG)在成員國的適用與解釋 國際研討會論文集 6 Professor Tang, I award you the book, The Man Who Planted This is a book that tells the story of an extraordinary individual whose tireless efforts revitalize his munity. It teaches us about hope, humanity, and our ability to better the world we live in. Case law reporting The typical arbitral institute does not report or rarely reports its awards. CIETAC takes a different approach and, in so doing, has bee a world leader in transparency of awards – particularly in uniform international sales law, the subject of our seminar. CIETAC has shared with the world trade munity the full texts of more uniform international sales law awards than any other arbitral institute of any The Institute of International Commercial Law of the Pace University School of Law has set in place an arbitration case translation project. In honor of a preemi
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