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Ole Lando
Professor of Law, Copenhagen Business School; Chairman of the Commission on European Contract Law.

Corinne Dr. Widmer
Attorney-at-Law Lecturer at the University of Basel (Switzerland)

Jan Hagemejer
Warsaw University and National Bank of Poland. The views expressed in this paper are those of the author and not necessarily of the institution he is affiliated with.

Jan J. Michalek
Warsaw University.

Andreas Herdina
Head of Unit, ENP Sector Coordination Unit, DG External Relations, European Commission.

Guy Harpaz
Jean Monnet Lecturer, Law Faculty and Department of International Relations, Hebrew University of Jerusalem.

Lior Herman
European Institute, London School of Economics.

Alfred Tovias
Walter Rathenau Professor in European Economics, Department of International Relations, Hebrew University of Jerusalem. Director of the Leonard Davis Institute for International Relations and Jean Monnet Chair in External Economic Relations of the EU. The author would like to thank an anonymous referee for his comments.

Guy Harpaz
Jean Monnet Lecturer, Law Faculty and Department of International Relations, Hebrew University, Jerusalem. President of the Israeli Association for the Study of European Integration. I would like to express my gratitude for the research assistance of Carmel Shenkar and Asaf Shamis and for the most helpful comments of Moshe Hirsch, Lior Herman, Amichai Magen and the anonymous referee. I am also grateful for the generous support given by the EU under the aegis of the Jean Monnet Action, by the Leonard Davis Institute for International Relations, the Hebrew University and by the University Institute for Diplomacy and Regional Co-operation, Tel Aviv University. The usual caveat applies. For a legal examination of the concept of approximation of laws in the Euro-Mediterranean context, see G. Harpaz, When East Meets West - Approximation of Laws in the Euro-Mediterranean Context, 43/1 CMLR 1 (2006). Comments to gharpaz@mscc.huji.ac.il are welcome.

Michael Kaeding
Post-doc at the law faculty of Leiden University. I would like to thank the research group associated with the ‘Analyzing EU Policies: The Transposition of Directives’ program, including Bernard Steunenberg, Kees van Kersbergen, Frans van Waarden, Antoaneta Dimitrova, Markus Haverland, Ellen Masterwork, Mark Rhinard, Sara Berglund, Ieva Gange and Marleen Romeijn. In addition I would like to thank the participants of the Hellenic Observatory symposium on ‘Current Social Science Research on Greece’ panel ‘Greece and the EU: Public Policy’ chaired by Prof. Panos Tsakloglou at the LSE on the 10 June 2005, and Andreas Mom for his legal expertise and helpful suggestions during the research. Funding for this research was generously provided by the Netherlands Organization for Scientific Research and the Hellenic Observatory.

Christiana Dr. iur. Fountoulakis
Assistant Professor in Private Law, University of Basel

Fan Yang
Fan Yang, Research Fellow (MCIArb) LCIA (YIAG); PRC Representative of the Practice & Standards Committee, Arbitration Sub-Committee, Chartered Institute of Arbitrators; PhD Researcher (London) LL.M. (Birmingham) LL.B. (Shanghai) Certificate in International & Comparative Law (Cornell University (USA) & Universite Paris I - Sorbonne); Barrister (England & Wales, non-practising).

Federico Ferretti
Avvocato and Lecturer, Brunel Law School, Brunel University, UK.

Ester Herlin-Karnell
Somerville College, University of Oxford. I would like to thank Stephen Weatherill and the anonymous reviewers of this journal for very helpful comments on this paper. The usual disclaimer applies. This paper was completed in March 2008.

La Toya James
Crown Counsel, Government of the Virgin Islands, Road Town, Tortola, British Virgin Islands.

Hannes Rösler
Dr. iur. (Marburg), LL.M. (Harvard), Senior Research Fellow, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany. The article is based on a talk given by the author at a conference in Skopje, Former Yugoslav Republic of Macedonia, as an expert of the German Foundation for International Legal Cooperation (IRZ-Stiftung).

Prof. Dr. Lesley Jane Smith
Leuphana University of Luneburg/ Weber-Steinhaus & Smith, Bremen, Germany,, ljsmith@barkhof.uni-bremen.de

Rafael Harillo Gomez-Pastrana
Lawyer and Space Consultant, STARDUST CONSULTING

    Even amongst those clauses frequently found in commercial contracts in general and sales contracts in particular, agreed sums enjoy exceptional popularity. Now, when I say ‘agreed sum’, of course I do not talk about the purchase price but about clauses that in traditional terminology are called penalty or liquidated damages clauses.


Pascal Hachem
Dr. iur. (University of Basel, Switzerland), ACIArb, Senior Researcher in the Global Sales Law Project at the Chair of Private Law held by Prof. Dr. Ingeborg Schwenzer, LL.M. and Lecturer of Comparative Private Law and International Trade Law at the University of Basel, Switzerland.

    Le droit uniforme de l’OHADA réglemente quelques contrats spéciaux des affaires: le bail; le courtage; la commission; le mandat de l’agent commercial; la société commerciale; le transport des marchandises par route; la vente commerciale. Hormis la société commerciale, seule la vente entre commerçants est longuement régie par 87 Arts. de l’acte uniforme relatif au droit commercial général (AUDCG) dans tous les détails de sa formation, son exécution, son dénouement. L’intérêt du législateur OHADA pour ce contrat se comprend pour, soit plusieurs raisons.


Joseph Issa Sayegh
Docteur en droit, ancien Professeur aux Universités de Dakar (Sénégal), de Nice (France) et d’Abidjan (Cote d’Ivoire).

    This paper will make the case for more widespread African adherence to the United Nations Convention on the International Sale of Goods, 1980 (“CISG”) on the ground that it represents an effort through the United Nations system to make available harmonised rules on the international sale of goods which are intended to have an international and universal reach. The paper begins with an introduction which briefly examines the origins of CISG and proceeds to discuss the relevance of CISG to Africa. It ends with a recommendation to African States to accede to, or ratify, the Convention.


S.K. Date-Bah
LL.B (Ghana), LL.M (Yale), Ph.D (London School of Economics), Professor of law. Justice at the Supreme Court of Ghana.

    The unification or harmonisation of laws and legal systems is not a new phenomenon. Schmitthoff describes the wave of national unification of commercial laws in Europe during the nineteenth century as a method of obtaining political unity. According to Faria similar results were achieved on a wider scale by the dissemination of English legal traditions throughout common law jurisdictions. What he describes as the “ultimate goal”, however, was the unification of private law, the benefits of which had been extolled by Lord Justice Kennedy as early as 1909.


Riekie Wandrag
LL.B., LL.M. (Free State University), LL.M. (Cambridge), Associate Professor of Law, University of the Western Cape.
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