SCHMITTHOFF

THE AND PRACTICE OF

INTERNATIONAL TRADE

TWELFTH EDITION

By

CAROLE MURRAY, M.A. (Cantab.) Barrister of Middle Temple

DAVID HOLLOWAY, M.A. (Cantab.), MCIArb Barrister of Inn

Lecturer in International Commercial Law, University of Edinburgh

DAREN TIM SON-HUNT, LL.B. (Hons)

Barrister of Lincoln s Inn

With a specialist contribution from:

Giles Dixon, MA. (Oxon) Solicitor of England and Wales

What would this island be without foreign trade, but a place of confinement to the who (without it) could be but a kind as being separated from the rest world; it is foreign trade that renders us rich, honourable and that gives us a name and esteem in the world.

Charles et

MAXWELL THOMSON REUTERS

CONTENTS

Dedication v Preface vii Table of Cases xxix Table of European Cases xcv Table of Statutes cix Table of Statutory Instruments cxix Table of European Communities Legislation cxxvii

Regulations cxxvii Directives cxxxvii

United States Legal Materials cxlv Uniform Commercial Code (UCC) cxlv Federal Statutes cxlv Restatement (Second) of Torts 1965 cxlv

International Conventions and other formulations of International Trade Law cxlvii

1. INTRODUCTION 1 Export transactions based on a contract of sale 1

Export transactions for the construction of works and installations 2

The export transaction 2 The parties and the means involved in the export transaction 3

PART ONE

THE INTERNATIONAL SALE OF GOODS

2. SPECIAL TRADE TERMS IN EXPORT SALES 7 Ex works (named place)

Free carrier (named place) FAS (named port of shipment) FOB (named port of shipment) American practice Types of FOB contracts Arrangement of freight and marine insurance 22

Responsibilities ofthe parties 24 Nominating a suitable ship 24 Suitable ship 24 Failure to nominate a suitable ship 26 Nomination of a substitute vessel 26 The loading operation 27 Passing of property 28 Examination goods 29

Contents

Multi-port FOB terms 29 Duty to procure an export licence 30 FOB airport, free carrier (FCA airport) CIF (named port of destination) 32 Definition 33 The shipping documents 36 of lading 36 The insurance document 37 The invoice 39 Other documents 39 The right to reject the documents and the right

to reject the goods 39 Responsibilities ofthe parties 41 Contractual relations of the seller and carrier 42 Contractual relations of the buyer and carrier 43 Liability of carrier in tort 43 Payment of the price 44 Port of shipment and port of destination 44 Tender of goods afloat 46 47 Contracts expressed to be CIF but not being true

CIF contracts 48 Refusal to accept the goods 49 Variants CIF contract 49 C.&F. (named port of destination) 50

and C , and E., CIF and C. and I. Carriage and insurance paid to (named place of

destination) 52 Carriage paid to (named place of destination) (CPT) 52 Arrival, ex ship or delivered ex ship (DES) (named

port of arrival) 52 Delivered at Terminal (DAT) 53 Delivered at Place (DAP) 54 Delivered duty paid (DDP), delivered duty unpaid 54

Container trade terms 55

3. FORMATION OF CONTRACT 57 The negotiations 57

Inquiries and invitations to contract The quotation Tenders 58

The offer 59 Firm offers 59

The acceptance 60 Communication of acceptance 61 Contract by conduct 62 Forms of acceptance 63

Contents xi

Comfort letters or letters of intent 63 Acceptance subject to seller's general conditions 64 Incorporation of current edition of general

conditions 65 Certainty 65 Parol evidence 67

Special problems relating to general conditions 70 Agreement to standard terms 70 The battle of forms

International supply contracts 72

4. PERFORMANCE OF THE CONTRACT 75 English and foreign sales law 75

Delivery goods 77 Passing of the property 77 Unascertained goods 78 Ascertained goods 80 The retention title clause 82 The simple retention of title clause 83 The extended retention of title clause 83 Passing of the risk 85 Provision of certificates 88 Certificates of quality 88 Certificates of inspection 89 Pre-shipment inspection 90 Liquidated damages and penalties 92

5. ACCEPTANCE AND REJECTION OF GOODS 95 Conditions, warranties and innominate terms 96

Conditions and warranties 96 The innominate term 98 Examination of goods Acceptance of goods

ection of goods Right of rejection in CIF contracts 106 Rejection where each delivery to be treated as

separate contract Property in rejected goods Rejection and estoppel 108 Relaxation of strict performance of contract The rights of the unpaid seller The unpaid seller's lien Stoppage in transit The right of resale

6. FRUSTRATION OF CONTRACT 117 Legal meaning of frustration 1 ] 8

xii Contents

Frustration may be a matter of degree Frustration by delay Self-induced frustration 121

Conditions upon which the contract is frustrated Destruction of ect-matter Illegality 123 Fundamental change in circumstances Export and import licences and quotas Partial frustration 132 Apportionment of performance 133

Effect of frustration In general The Law Reform (Frustrated Contracts) Act Force majeure clauses 134 Different kinds of force majeure clauses Force majeure clauses which are too vague 139 Force majeure clauses defeated by events 140

7. INVOICES AND PACKING 143 Invoices 143 The invoice must be true and correct The commercial invoice Invoices in letter of credit transactions Official requirements for invoices 146

Packing 146 The obligation to provide suitable packaging Packing in the sale of goods 146 Packing in the law of carriage of goods Packing in containers Packing in insurance law Import regulations relating to packing 149 Dangerous goods

8. PRODUCT LIABILITY 151 The basis of product liability

English law 152 Liability arising from the contract of sale The EC Directive on Product Liability The Consumer Protection Act Damages

Procedural aspects Product liability insurance American law 160

Restatement (Second) of Torts S.402A Restatement (Third) of Torts: product liability 161

Contents xiii

PART TWO

FINANCE OF EXPORTS

9. BILLS OF EXCHANGE 165

Payment on open account Payment by bills of exchange

Nature of the bill of exchange Foreign bills The UN Convention on International Bills of Exchange

and International Promissory Notes The claused bill 173 The documentary bill Avalised bills Bills drawn in a set Negotiation of bills by exporter Proceedings on bills of exchange

10. COLLECTION ARRANGEMENTS 183 The Uniform Rules for Collections Dishonour Delivery of documents contrary to instructions

11. LETTERS OF CREDIT 189 Characteristics of the letter of credit

Uniform Customs and Practice for Documentary Credits 191

191 Application of the UCP The stages of a letter of credit transaction The two fundamental principles The autonomy of the letter of credit The doctrine of strict compliance The documents tendered to the bank 199 Time for examination 200 Discrepancy of the documents 202 Provisions relating to the document in the UCP 205 The transport documents 206 The invoice 208 Insurance documents 209 Original documents 210 Several documents to be read together Linkage of documents Instructions communicated by Time of opening of credit The expiry date of the credit The law applicable to the credit

xiv Contents

Damages for failure to open or pay a credit 220 Kinds of letters of credit

Payment at sight, deferred payment, acceptance and negotiation credits

Revocable and irrevocable credits; confirmed and unconfirmed credits 223

Revocable and unconfirmed credits 224 Irrevocable and unconfirmed credits 225 Irrevocable and confirmed credits 225 Recourse and reimbursement of confirming bank 226 The confirmation as localisation device 227 Variants of confirmation 227 Standby letters of credit 228 Revolving credits 229 Packing credits; red clause credits 230 Back-to-back and overriding credits Transferable credits 231 The assignment of the benefit of the credit 232 The transfer the credit 233

Anomalous Letter of Credit Situations 236 Letters of credit and bank indemnities 236 Payment under reserve 237 Short-circuiting of letter of credit 238 The conditional characger credit 238 Other instances of short-circuiting 239 Fraud affecting letters of credit 240 Evidence of fraud 243

BANK GUARANTEES AND OTHER CONTRACT GUARANTEES IN GENERAL 245 Guarantees in the common law and in international trade 245 Bank guarantees 249

Bank guarantees procured by the buyer Bank guarantees procured by the seller

Demand guarantees Unfair demand or fraud 254

FACTORING, FORFAITING, FINANCIAL LEASING AND OTHER FORMS OF MERCHANT FINANCE 261

Factoring 262 The essence of international factoring 262 Direct and indirect factoring 263 Legal forms of factoring 263 Disclosed factoring 264 Undisclosed factoring 266 The Unidroit Convention on International Factoring 266

Contents xv

The UNCITRAL Convention on the Assignment of Receivables in International Trade 268

Forfaiting 269 The essence of forfaiting 269 Avalised bills of exchange and bank guarantees

as security for the forfaiter 270 Primary and secondary forfaiting transactions

International financial leasing The essence financial leasing transaction The Unidroit Convention on International

Financial Leasing 272 Other forms of merchant finance 275

Non-recourse finance 275

14. COUNTERTRADE 277 Contracts of sale and of barter 277 The economic background 278

Types of countertrade transactions 279 Reciprocal sales agreements 279 The definition of the countersale buyer Barter 281 The buy-back agreement 282 Offset arrangements 283 Disposal and switch transactions 283 Oil countertrade 284 The framework agreement 284

PART THREE

TRANSPORTATION OF EXPORTS

15. CARRIAGE OF GOODS BY SEA 289

The carriage of goods in export transactions 289 Unimodal and multimodal transport 289 Traditional methods of transport and container transport 290

The course of business in the carriage of goods by sea The contract of carriage by sea 296

Carriage covered by bill of lading or charterparty 296 Conclusion of the contract of carriage by sea Freight 297 Freight 298

Bills of lading and other carriage documents 307 Nature of the bill of lading 307 The international rules relating to bills of lading 308 The territorial and documentary application of

the Carriage of Goods by Sea Act Types of bills of lading The date bill of lading 327

xvi Contents

The bill of lading as a receipt 328 The bill of lading as evidence contract

of carriage 333 The bill of lading as a document of title 333 Indemnities and bills of lading 337 Charterparty indemnity 338

The liability carrier 338 Excepted perils 342

The burden of proof 343 Excepted perils and insurance 343 Maximum limits of shipowner's liability 344 Protection of servants and agents, but not

independent contractors 348 Notice of claim and time limit for claims of loss

of or damage to goods 350 General average claims and contributions 353 Dangerous goods 353 Proceedings by cargo owner 355

Whom to legal and actual carrier 355 The right to sue and liability under the Carriage

of Goods by Sea Act 357

16. CONTAINER TRANSPORT 361

The course of business in container transport 362 Container leasing agreements 363 Legal problems of container transport 363 The liability container operator 364 The documents used in container

combined or multimodal transport document Container bills of lading 367 Deck stowage 368 Definition of "package or unit" in container transport 369

CARRIAGE OF GOODS BY AIR History of the statutory scheme Damage during "carriage by air" 373 Basic system of overview 373 Carrier's defences 374 Those who may claim 374 Carriers who may be sued 375 When do the various regimes apply? 376 Carriage governed by the original Warsaw Convention 377 Basic liability 379 Carriage governed by the amended Warsaw Convention 380 Basic liability 381 Non-Convention carriage 382

carriage 383

Contents xvii

CARRIAGE OF GOODS BY LAND 385 Carriage by rail and road 385

Carriage by 386 Carriage by rail 395

PART FOUR

INSURANCE

19. INSURANCE OF GOODS IN TRANSIT 401 Marine insurance 402

Stipulations in the contract of 402 The assured, the insurer and the broker 402 Kinds of marine insurance 405 The contract of insurance The insurable interest Risks covered and risks not covered ("exclusions") 423 The Lloyd's Marine Policy and the Institute Cargo

Clauses C 424 General average 434 Claims 438

Air cargo insurance 445 Marine clauses 446 Air waybill cover 447

20. OFFICIALLY SUPPORTED EXPORT CREDITS 449 Meaning of export credits 449 Means of deferring payment 450 Short-, medium- and long-term export credits Officially supported export credits and

official support Export credit agencies 453

Meaning 453 Legal form Funding models 454 The direct lending and refinancing models 454 Bank-funded export credits 455 Guarantors and insurers 456 Business domain Reinsurance and cover for foreign contracts 456 International regulation of EC A support

Features and issues common to all export credits Conditional and unconditional support 458 Percentage of cover 8 Premium 459 Claims waiting period 459

Principal forms of official support 460

xviii Contents

Buyer credit guarantees and buyer credits 460 Variants on buyer credits 464 Supplier credit guarantees 465 Officially supported fixed rate finance 466 Export credit insurance 467 Level of credit guarantees 468 Working capital guarantees 469 Insurance and guarantees relating to contract bonds 469 Support for managing foreign exchange risk

The international dimension 472 The WTO Agreement on Subsidies and

Countervailing Measures 472 OECD Arrangement 473

OECD Recommendations and Statements relating to export credits 477

EU legislation relating to export credits 484 Applicability EU State Aids regime 485

Export credits in the United Kingdom 488 The Export Credits Guarantee Department 488 ECGD's power to support exports 490 ECGD's products 492

PART FIVE

INTERNATIONAL COMMERCIAL DISPUTE RESOLUTION

21. ENGLISH LAW AND FOREIGN LAW 497 Proof of foreign law 498

Measures of conflict avoidance 500 The law governing the Rome I Regulation

Interpretation Rome I Regulation 501 Scope Rome I Regulation 502 The applicable law 504 Limitations on freedom of choice

Non contractual obligations: tort for specific contracts and restitution

law and statute Non contractual obligations: restitution The Foreign Limitation Periods Act

Money of account and of in foreign currency The exclusion of foreign law

Foreign confiscatory or nationalisation laws 520 Foreign revenue laws, penal laws and other

public laws of political or administrative character 520 Other cases of public policy 522

Contents xix

Foreign illegality 522 Civil consequences 522 Criminal consequences 524

Exchange control 527 Exchange contracts under the Bretton Woods Agreement 527 Recognition of foreign exchange control regulations 529

Foreign state immunity 529 Extraterritorial effect of foreign state measures 532

The Protection of Trading Interests Act 532 Rejection of foreign extraterritorial claims by

the of request 534

22. INTERNATIONAL COMMERCIAL The European jurisdiction rules 540 Interpretation Judgments Regulation

(and the Brussels and Lugano Conventions) 540 Area of application of the Judgments Regulation 542 Jurisdiction provisions Judgments Regulation 542 Contract (Article 547 Tort, delict or quasi-delict (Article 5(3)) 549 Branch, agency or other establishment (Article 5(5)) 550 Co-defendants, third parties and counterclaims

(Article 6) 550 Ships (Article 7) 552 Insurance contracts (Article 8-14) 552 Consumer contracts (Articles 553 Employment contracts (Articles 554 Exclusive jurisdiction regardless of domicile

(Article 22) 554 Jurisdiction and admissibility 554 Lis pendens and related actions (Articles 27-30) 555 The Judgments Regulation and forum non conveniens 556

Traditional common law of jurisdiction 557 The application for permission to serve out 560 Stay of English proceedings and restraint of

foreign proceedings 561 Service abroad 568 Interim remedies 569

The freezing injunction 569 The search order 572

In rem jurisdiction 573 The Hague Convention on Choice of Court Agreements 576

23. INTERNATIONAL COMMERCIAL ARBITRATION 579 The contractual element of arbitration 582 The judicial element of arbitration 584 Alternative Dispute Resolution and arbitration 584

xx Contents

Arbitration and litigation 586 The legal framework of arbitration 588

The arbitration agreement 588 The law governing the arbitration procedure 590 Application lex mercatoria in arbitration

proceedings 592 Arbitration ex aequo et bono 593

Ad hoc and institutional arbitration 594 The ICC and the International Court of Arbitration 595 The London Court of International Arbitration (LCIA) 597 The International Centre for Settlement of

Investment Disputes (ICSID) 597 International commercial arbitration (law and procedure) 599

The UNCITRAL model law on international commercial arbitration 600

The UNCITRAL Arbitration Rules The New York Convention on the Recognition

and Enforcement of Foreign Arbitral Awards "the New York Convention" 602

International practice and procedure 602 English arbitration law 604

The arbitration agreement 604 Disputes covered by the arbitration agreement 606 Questions of fact and questions of law 607 Jurisdiction tribunal 608 The duties and powers of the tribunal 609 Interim measures 610 The award The role of the court Appointment of the tribunal Removal of an arbitrator Interim measures — the courts Review/challenge of the award Recognition and enforcement of arbitral awards

24. ENFORCEMENT OF FOREIGN JUDGMENTS AND ARBITRAL AWARDS

Recognition and enforcement of foreign judgments 624

Judgments Regulation 624 The meaning of "judgment" (Article 32) 624 Jurisdictional grounds for non-recognition 625 Substantive grounds for non-recognition 626 Enforcement 627 Enforcement under the common law or statute Enforcement under statute 629 Conditions for enforcement 629

Contents xxi

Defences 632 Registration 633 Judgments European Court of Justice 633

Enforcement of arbitral awards 633 Award made in England and Wales 633 New York Convention awards 634 Grounds for refusal of recognition 635 Other foreign awards Common law

PART SIX

CONSTRUCTION AND LONG-TERM CONTRACTS

25. THE CONSTRUCTION OF WORKS AND INSTALLATIONS ABROAD 643 The UNCITRAL Legal Guide 645

Types of procurement 646 Procurement by inviting tenders and by negotiation 646 Open and selective tenders 647 The EU Directives on public procurement 647 EU procedures 648 EU thresholds 649

Contract structure 650 Forms of contract The procedure 654 The invitation to tender 655 The tender 656 The tender guarantee Opening of tenders 657 Acceptance of tender 658 The key provisions 658 Inspection and acceptance 662 Assignment and sub-contracting 663 The engineer or contract administrator 663 Payment 664 Performance and repayment guarantees 665 Liquidated damages and bonus clauses 666 Retention money Currency clauses 667 Insurance and indemnity clauses Other contract clauses 667 Arbitration and the resolution of disputes

Anti-Bribery Legislation and Trends 669 Key offences 670 Extraterritorial jurisdiction: bribery abroad A company can commit an offence

xxii Contents

PART SEVEN

CUSTOMS LAW

26. GOVERNMENT REGULATION OF EXPORTS 675

Export licensing regulations 676 The general control of exports of goods 676 Strategic goods 681 Endangered species of wild flora and fauna Objects of cultural interest 684

Customs regulations 685 Introduction 685 The effect European Union on customs legislation 687 Supply of goods to other Member States of

the European Union 689 VAT 690 Statistics 691 Excise 692 Supply of goods to countries in the European

Economic Area (EEA) or the European Free Trade (EFTA) 695

Supply of goods to countries outside EU and EEA 695

Customs requirements 698 Normal declaration procedure 699 Simplified declaration procedures 700 New export control system (NES) 701 Modernising Customs requirements and simplifications 703 Information required to be declared to Customs 705 Postal exports 707 Customs trader records and accounts 708 Transit procedures 709 Common and Community Transit 709 system Duty suspense and relief schemes Outward Processing and Inward Processing Relief Return of unused imports Warehouse goods 716 EU preference arrangements 718 Customs appeals Customs civil penalties 725

Customs Offences 727 Concept of customs offences 727 Customs offences and EU law 727 Application of customs offences 730 Fines, forfeiture of goods and restoration 733 Counterfeit and pirated goods

Contents xxiii

PART EIGHT

MARKETING ORGANISATIONS ABROAD

27. AGENCY ARRANGEMENTS 743 Self-employed agents abroad 743 The Contract of Agency 744

The legal nature of the contract of agency 744 The agent's authority 745

Actual authority 746 Disclosure of principal 746 Implied, usual and customary authority 749 Ostensible (or apparent) authority 749 Ratification 750 Agency by operation of law 752

Rights and obligations of agent and principal 753 Duties ofthe agent to his principal 755 Duties principal 760 Exclusive trading rights 769

Special types of agents 770 The commission agent 770 The del credere agent 771 The agent carrying stock (the mercantile agent) 772 The confirming house 773 Nature confirming house 773 Obligations confirming house 775 Insolvency of the confirming house 776 Confirmation by confirming house and by bank 777 The freight forwarder 778 The forwarder acting as principal or as agent 778 The forwarder as bailee 780 Further duties forwarder 782 Travelling representatives abroad 783

28. BRANCH OFFICES AND SUBSIDIARIES ACQUISITIONS 785

Branch offices and subsidiaries abroad 786 The choice between branches and subsidiaries 786 The legal distinction between branches and

subsidiaries 787 Branch offices abroad 788

Jurisdiction over the head office 788 The "overseas company" in the United Kingdom 789 Dealings between branches 789

Subsidiary companies abroad 790 The overseas subsidiary 790 The multinational enterprise

xxiv Contents

The European company 792 Overseas subsidiaries in English and foreign law 793

Overseas subsidiaries in English law 793 Overseas subsidiaries in foreign law 795

Foreign acquisitions 800 The law relating to takeovers 800

The personnel employed in overseas branches and subsidiaries 801

English employment law 802 Foreign employment law 804

29. EUROPEAN UNION AND UNITED KINGDOM COMPETITION LAW 807

The institutional framework 809 Article 81(1) EC and the Chapter I prohibition: general principles

Agreements, decisions and practices 810 Object or effect 812 Prevention, restriction or distortion of competition Restrictions necessary for the promotion of

competition Effect on trade between Member States Article (2) and section 2(4) Legal Exceptions 818 Enforcement of EU competition law

Article 102 EC and the Chapter II prohibition: general principles 821

Prohibition of abuse of dominant position Dominant position 825 Relevant product market 827 Relevant geographic market 834 Substantial part the common market 835 The temporal market 836 Assessment of market power 836 Undertakings and public enterprises 843 Abuse 846 Objective justification 847 The list of abuses in Article TFEU 849 Pricing 849 Requiring supplementary obligations 852 Refusal to deal 853 Refusal to supply competitors and essential

facilities 853 Abuse and intellectual property rights 853 Limiting production, markets or technical

development 854

Contents xxv

Restricting parallel trade between Member States 854 Other unfair trading conditions 854 Other abuses 855 Duration of abuse Affecting trade between Member States 856

30. SOLE DISTRIBUTION AGREEMENTS, LICENSING AND FRANCHISING 859 Nature of sole distribution agreements 860

Sole and exclusive agreements 860 Sole distribution agreements distinguished

from contracts of sale and from agency agreements Sole distribution agreements and licensing and

franchising agreements 862 Export distribution agreements 863

Clauses in sole distribution agreements 865 Definition of the territory 865 Definition of the price 866 Definition of the goods 867 Sole buying and selling rights 867 Advertising, market information, protection of

patents and trade marks 868 Other clauses 869

Laws relating to restrictive practices Licensing and franchising agreements Franchising 871

The course of business Franchising agreements and EU law Block exemption 873

NINE

MARKET INFORMATION

31. MARKET INFORMATION FOR

RESEARCH 877 Direct market research

Government services for trade and investment 877 Export publications 880

UK Trade and Investment and Department for Business innovation and skills publications 880

Croner's Reference Book for Exporters 880 Tate's Export Guide 880 The British Chambers of Commerce Eurostat

xxvi Contents

PART TEN

STANDARDISATION, UNIFICATION, ELECTRONIC COMMERCE EDI

32. STANDARDISATION OF TERMS AND UNIFICATION OF INTERNATIONAL SALES LAW 885

Uniform rules of general character 886 United Nations Commission on International Trade Law 886 International Chamber of Commerce publications 889 American Uniform Commercial Code 890

Standard contract forms applying to specified international transactions

Standard conditions issued by trade associations 891 Model contracts sponsored by United Nations Economic

Commission for Europe 892 Model contract forms used in construction contracts 893

General terms of business adopted by individual exporters 893 Some important clauses 894 Standard terms in domestic transactions 895

The Uniform Laws in the United Kingdom 895 The Uniform Laws on International Sales Act 895 Application of Uniform laws only if adopted by parties 895 Mandatory provisions of applicable law cannot

be contracted out of 896 General limitations of Uniform Laws 896

Restriction to contracts between parties in Convention States 897

Contracts of international sale 897 The Uniform Law on International Sales 898 The Uniform Law on Formation 900 UN Convention on Contracts for the International

of Goods (1980) 901 The Vienna Convention and the Hague Uniform Laws Applicability Vienna Convention 903 The Vienna Convention and the national law 903 The central position Vienna Convention 905 Some features Vienna Convention 905 Specific performance and repair of non-conforming

goods 905 UN Convention on the Limitation Period in the International Sale of Goods 906 Proposed Common European Sales Law 907

33. ELECTRONIC COMMERCE AND ELECTRONIC DATA INTERCHANGE 909 Electronic Data Interchange (EDI)

Contents

Standardisation of EDI methods of communication Standard

UNTDED and UNTDID Interchange agreements

Specific legal issues Electronic commerce and contract law The Electronic Commerce Directive and UK Regulation Selling on the issues 920 Authentication of messages Negotiability 924 Admissibility of electronic data under English law 925 Electronic Communications Act 926

UNCITRAL Model Laws and Conventions 927 Model Law on Electronic Commerce 928 Model Law on Electronic Signatures 929 United Nations Convention on the Use of Electronic

Communications in International Contracts (2005) 933 The Convention on Contracts for the International

Carriage of Goods Wholly or Partly by Sea 936

PART ELEVEN

THE WORLD TRADE ORGANISATION

34. THE WORLD TRADE ORGANISATION 943 History of the WTO and international Trade 943 WTO Membership 949

Discussions under the Dohar Round 954 rules and codes already in force 955

Rules of Origin 956 Preferential and non-preferential origin 956 Determining the origin of

methods 957 WTO Rules of Origin 958 Role World Customs Organisation (WCO)

in the Origin Rules 960 Customs Valuation Rules The World Customs Organisation (WCO) and

the Valuation Agreement 964 Anti-dumping, subsidies and countervailing duties 965 WTO Agreement on Anti-Dumping 966 Agreement on Subsides and Measures 970 Understanding on Rules Governing the Settlement

of Disputes 975 The and procedures 976 Implementation recommendations and rulings 978 Impact of DSU rulings and recommendations 978

xxviii Contents

Implementation of WTO agreements and rulings in EU law 984

WTO Rules of Origin in EU law 985 WTO Customs Valuation Rules in EU law 985 WTO Ant-Dumping Agreement in EU law 986 Implementation WTO Agreement on

Subsides and Countervailing Measures in EU law 986 Enforcement of WTO obligations in EU law 987 WTO rulings and retrospection 989 WTO-the future in international trade 990

Index 993