Minding the gap: determining interest rates under the U.N. convention for the international sale of goods

Article Abstract:

The UN Convention for the International Sale of Goods provides for the awarding of interest in international claims for lack of payment, but does not set specific default rules for determining the interest rate. Lack of specifics undermines the goals of the Convention, complicates the settlement process, and increases litigating costs. The lending rate should be awarded in absence of borrowing costs. Such a solution would advance UN goals of uniformity in law and full compensation to creditor.

Remedies, Commercial law, Valuation, Interest, Interest (Finance), Debtor and creditor, Default (Finance)

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The case against retroactive application of the Foreign Sovereign Immunities Act of 1976

Article Abstract:

The author analyzes problems that might be created by full retroactive application of the Foreign Sovereign Immunities Act of 1976 to events before 1952, when the US made the restrictive theory of foreign sovereign immunity into law. The Supreme Court's decision in Landgraf v. USI Film Products, which notes that jurisdictional statutes normally apply retroactively, is discussed.

United States, Retroactive laws, Immunities of foreign states, State immunities

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Uncommon preservation: common law recognition of admiralty jurisdiction in seamen's wage and hypothecation cases

Article Abstract:

The author outlines the centuries-long history of seamen's wage and hypothecation cases and explains the relationship of these cases to common law courts and admiralty law jurisdiction.

Compensation and benefits, History, Common law, Maritime law, Ship mortgages, Merchant seamen, Jurisdiction over ships at sea, Merchant mariners

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