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RE: License question - UN Convention on Contracts

---------- Forwarded message ----------
Date: Wed, 2 Apr 2008 09:34:18 -0400
From: Sandy Thatcher <sgt3@psu.edu>
To: ann.okerson@yale.edu
Subject: Re: License question - UN Convention on Contracts
Date: Wed, 2 Apr 2008 09:04:32 -0400
From: "Doling, Jennie" <jennie.doling@sunypress.edu>
To: "AAUP rights and permissions list" <aaup-r@ucp.uchicago.edu>

It's the United Nations Convention for Contracts on International Sale of Goods. It is supposed to provide a unified system of regulations for, well, the international sale of goods. My understanding of this only consists of the fact that it should hardly be an issue for us. Our "durable goods" for import or export hardly are on the level of farm equipment, a massive number of trinkets, cars, iron, steel, etc. Has anyone heard or experienced anything different?

Any disputes are settled under this unified code and the individual domestic laws are superseded. Perhaps this means that the nice phrase along the lines of: "This agreement shall be governed by the laws of the State of New York, and both parties hereby agree that any dispute or disagreement arising under any of its clauses shall be adjudicated in a court under the jurisdiction of the State of New York of the United States of America," goes by the wayside if there is a disagreement.

I once heard, though, that if one is or is dealing with an entity that has ratified this convention (U.S. has), any contract regarding a sale is under the jurisdiction of CISG unless the contract explicitly states which part/s of the CISG are to be excluded from the contract! It doesn't seem like the Social Explorer website has done that. Long story short, sorry Robin, I wouldn't worry about agreeing to that waiver.

Jennie R. Doling
Rights and Permissions Manager