THE BANKS GUARANTEE UNDER THE UNIFORM INTERNATIONAL RULES
The UN Commission on International Trade Law (UNCITRAL) officially endorsed the most recent revision of the ICC Uniform Rules for Demand Guarantees (URDG N 758) at its 44th annual session in Vienna from 27 June-8 July 2011. It became effective on July 1, 2010. Jean-Guy Carrier, ICC Secretary-General said: The UNCITRAL endorsement of the ICC URDG will undoubtedly define the direction of banking practice for demand guarantees, establish international unity with regards to these practices, and alleviate any confusion and miscommunication which could arise in the completion of trade transactions” [10]. Clear, precise and comprehensive new rules aim to maintain legal risk control through the high level of certainty and predictability that they foster. The interest of financial stability of business entities and the desire to quickly collect receivables need a legal instrument for security payments which provide safety to business partners to the fullest extent and will minimize the effect of risk factors. From the number of these instruments, the bank guarantee is the most important security instrument for contemporary circulation of commodities in the world. In this work, the object and purpose of the study is to analyze the legal aspects and results when using the international banking guarantees and are based on the theoretical methodology of scientific research.
The United Nations Convention
A. As is noted in Lecture I, the CISG contains substantive law governing the rights of parties to certain international sales contracts – “international private law” –, and it deals with issues such as the formation of a contract for sale, the seller’s delivery obligations, the quality of goods the seller must provide, the buyer’s obligation to pay, remedies for breach, and exemption from liability based on unforeseen circumstances (force majeure).
Agriculture and Intellectual Property Rights: Economic, Institutional and Implementation Issues in Biotechnology
1: Introduction, V Santaniello et al. 2: Patent and Other Private Legal Rights for Biotechnology Inventions (Intellectual Property Rights - IPR), D D Evenson, P.L.L.C., Washington, USA 3: Intellectual Property Rights of Plant Varieties and of Biotechnology in the European Union, V Santaniello 4: Intellectual Property Rights under the Convention on Biological Diversity, W Lesser, Cornell University, USA 5: An Economic Approach to Identifying An `Effective Sui Generis System' for Plant Variety Protection Under TRIPS, W Lesser 6: Recent Intellectual Property Rights Controversies and Issues at the CGIAR, S H Bragdon, IPGRI, Rome, Italy 7: Economics of Intellectual Property Rights for Agricultural Technology, R E Evenson 8: The Market Value of Farmers' Rights, R Mendelsohn, Yale University, USA 9: International Crop Breeding in a World of Proprietary Technology, B D Wright, University of California, USA 10: Knowledge Management and the Economics of Agricultural Biotechnology, D Zilberman and C Yarkin, University of California, USA and A Heiman, Hebrew University, Israel 11: Comparing Allocation of Resources in Public and Private Research, S Lemarie, Universite Pierre-Mendes, Grenoble, France 12: Biotechnology Inventions: What Can We Learn From Patents?, D K N Johnson, Wellesley College, Massachusetts, USA and V Santaniello 13: Biotechnology Inventions: Patent Data Evidence, A Zohrabyan, Yale University, USA and R E Evenson 14: Property Rights and Regulations for Transgenic Crops in North America, G Carlson and M Marra, North Carolina State University, USA 15: Intellectual Property Rights, Canola and Public Research in Canada, P W B Phillips, University of Saskatchewan, Canada