Mark Cantora: The CISG after Medellin v. Texas: Do U.S. Businesses Have It? Do They Want It? (JIBL)

Mark Cantora has published a new CISG-related article: The CISG after Medellin v. Texas: Do U.S. Businesses Have It? Do They Want It? In the Hofstra Journal of International Business and Law, Volume 8, number 1 Spring 2008: http://law.hofstra.edu/academics/Journals/JIBL/jibl_current_volume.html (subscription required). Here is an excerpt:
“On March 25, 2008, the Supreme Court majority in Medellin v. Texas arguably asserted a new standard for determining the self-executing status of all international treaties to which the U.S. is a signatory. This new standard has thrown into doubt the self-executing status of the CISG. This note will argue that because of the ruling in Medellin v. Texas, the two prevailing assumptions about the CISG must be reexamined. Both the status of the CISG and the benefits accruing from the CISG’s implementation will be examined for the purpose of answering two simple questions: (1) Is the CISG a self-executing treaty in force in the U.S. and (2) Do U.S. businesses want it to be?” [citations omitted]

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