Search result: 4 articles

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Year 2013 x
Article

Access_open Offer and Acceptance and the Dynamics of Negotiations: Arguments for Contract Theory from Negotiation Studies

Journal Erasmus Law Review, Issue 2 2013
Keywords Contract Formation, Offer and Acceptance, Negotiation, Precontractual, UNIDROIT Principles of International Commercial Contracts
Authors Ekaterina Pannebakker LL.M.
AbstractAuthor's information

    The doctrine of offer and acceptance forms the basis of the rules of contract formation in most western legal systems. However, if parties enter into elaborate negotiations, these rules may become difficult to apply. This paper addresses the application of the doctrine of offer and acceptance to the formation of contract in the context of negotiations. The paper argues that while the doctrine of offer and acceptance is designed to assess the issues related to the substance of the future eventual contract (the substantive constituent of negotiations), these issues overlap within the context of negotiations with the strategic and tactical behaviour of the negotiators (dynamic constituent of negotiations). Analysis of these two constituents can be found in negotiation studies, a field which has developed over the last decades. Using the rules of offer and acceptance of the UNIDROIT Principles of International Commercial Contracts as an example, this paper shows that the demarcation between the substantive and the dynamic constituents of negotiations can be used as the criterion to distinguish between, on the one hand, the documents and conduct forming a contract, and, on the other hand, other precontractual documents and conduct. Furthermore, the paper discusses the possibility of using the structure of negotiation described by negotiation studies as an additional tool in the usual analysis of facts in order to assess the existence of a contract and the moment of contract formation.


Ekaterina Pannebakker LL.M.
PhD candidate, Erasmus School of Law, Erasmus University Rotterdam. I thank Sanne Taekema and Xandra Kramer for their valuable comments on the draft of this article, and the peer reviewers for their suggestions. The usual disclaimer applies.

Melissa K. Force
B.S. Ch.E., J.D., LLM, Adj. Professor, Loyola Law School, Los Angeles, California, USA, Force@MKForce.com.
Article

The Regularization of Undocumented Immigrants in the United States

The Spanish Solution

Journal European Journal of Law Reform, Issue 1 2013
Keywords undocumented immigrants, migration policy, regularization process, social assimilation, economic crisis
Authors Oscar Celador Angón
AbstractAuthor's information

    The aim of this article is to offer solutions to the problem of undocumented immigrants in the United States, using the Spanish migration model as a possible solution. During the last decade Spain has been the European country that has received more migration flows due to his economic development. Spain has used the knowledge and experience of other European host societies to design a migration model, which avoids the social conflicts arising from the coexistence of large numbers of undocumented immigrants, and that could provide answers to the problems faced by the US system.


Oscar Celador Angón
Oscar Celador Angón is Professor of Law and Director of the Department of International Law, Ecclesiastical Law and Philosophy of the Universidad Carlos III de Madrid.
Article

Developments in Regional Trade Law

A View from Israel

Journal European Journal of Law Reform, Issue 1 2013
Keywords foreign trade, free trade area agreements, regional trade agreements
Authors Talia Einhorn
AbstractAuthor's information

    This article analyzes the developments in Israel’s regional trade agreements and their effects on the liberalization of its international trade. The article first addresses Israel’s dependence upon its international trade and the case for liberalizing it (Section A); the RTAs concluded by Israel (Section B); the contribution of the first Free Trade Area Agreements (FTAs), concluded by Israel with the European Economic Community, on the one hand, and the United States, on the other, to the overall liberalization of its international trade (Section C); a discussion follows of the special problems encountered with the rules of origin, an essential characteristic of any FTA, and of the proof of origin under Israel’s FTAs (Section D). The special features and problematic aspects of the customs union, concluded between Israel and the Palestine Liberation Organization (PLO), are analyzed (Section E). Finally, the article provides an outlook into the future of Israel’s RTAs (Section F).


Talia Einhorn
Professor of Law (Ordinaria), Ariel University Department of Economics and Business Management/Visiting Senior Research Fellow, Tel-Aviv University Faculty of Management; <taliaeinhorn@gmail.com>. The author is grateful to Adv. Avigdor Dorot for sharing his valuable practical experience.
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