Presentationh cildlabour

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Is fairtrade fair1

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Strict compliance in Letter of Credit

Letter of Credit (L/C) is a financial and payment contract whose significant character is a bank guarantee and separates the sale or other contracts, although L/C is done so as to perform the obligation of the sale or other contracts.[1]L/C consist the 3 important principal as following:
1. L/C is separate transactions from the sales or other contract
2. L/C concern deal with documents, and not with goods, services and/or other performances to which the document may relate.[2]
3. Banks must strictly comply with L/C.
The aim of this essay is to explain what strict compliance is and how it can be applied to L/C.
Strict Compliance doctrine
Generally, banks must examine all documents stipulate in the Credit with reasonable care and be in compliance with the term moreover, the judgment in United Kingdom has created a fundamental principal of L/C that banks must observe strictly all document.[3] If bank make a payment for the error document, bank will be responsible for it

Relating Link here

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[1] Uniform Customs and Practice for Documentary Credits,2007 Revision,ICC Publication No.600(or called UCP600)Article 4 a.

[2] UCP Article 5

[3] Equitable Trust Co of New York v Dawson Partners (1926) 27 Ll LR 49 at p 52

CL on drug in Thailand

The invention of drug is protected by the patent law which authorizes the patent holders to monopolize their production and set their price. On the other side, the patients need the drug to recover their paint and to live longer.If the price of drug is very expensive,they may stop taking it.That mean they must accept their suffer or death. Hence, It is necessary for the government to have the mean to address this problem. One method is Compulsory Licence (so call “CL”).
CL is abbreviated from Compulsory Licence whose definition is not stated in the Agreement on Trade-Related Aspects of Intellectual Property (Trips)[1] or Doha declaration on Trips and Public Health[2], However it can be implied that compulsory licensing is when a government allows someone else to produce the patented product or process without the consent of the patent owner. It is one of the flexibilities on patent protection[3].
Trips is binding Thailand as WTO member to protect the intellectual property. However ,Thailand is consider to not comply with Trips in using CL because Thailand has been exercised CL on 3 formulas, that is Efavirenz, Kaletra (anti-HIV),Combination between Lopinavir and Ritonavir(anti-HIV) and Clopidogrel (heart disease) and have plan to utilize CL on the other formulas whereas Abbott (Provider company which is the patent holder of Kaletra )has retaliated Thai government by withdrawing the 7 drug’s application .[4]The significant issue which should considered is that although the exercising of CL can solve the expensive price of drug but it impede incentive to create innovation in the long run. Hence CL on drugs is difficult to find the middle way between the patients and the provider companies.

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[1] See Trips Article 27(2 )Link here

[2] See paragraph 6 of Doha declaration on TripsLink here

[3] <http://www.wto.org/english/tratop_e/trips_e/public_health_faq_e.htm>

[4] <http://unitcost.fda.moph.go.th/cl/news_detail.php?id=249&type=5>

What is European Union(EU)?

EU is collective European countries.its significant character is "supranational trait" that is to say they assemble in order to creat the internal institutions which have power above the souverignity of members states ,for instance :European Parliament,Council of Ministers and European Commission .The detail is explained as following:
1.European Parliament whose members are democratically elected by direct universal suffrage. It represents the people of the Member States and they serve for 5 years terms.their mission is to draft the EU law such as directive ,regulation and so on.2.Council of Ministers whose members derive from ministers and representatives from each EU nations.Its task is to provide EU policy and direction.
3.European Commision is EU's executive body support the interest of EU as entire.It is responsible for drafting  proposals for new EU laws and examine that EU's members respect EU treaties.
Here relative websit.

Can an arbitral award from China be enforced in Hong Kong ?

Although the sovereignty of Hong Kong has been returned to the Mainland China, The conflict of legal system is still significant problems which affect to commercial transaction.One of the essential commercial question is whether an arbitral award from the China can be enforced in Hong Kong or vise versa.

Following the Memorandum of Understanding on Arrangement concerning Mutual Enforcement of Arbitration Awards between the Mainland and the Hong Kong SAR admit an arbitral award from Hong Kong is enforceable in the mainland China.                                                                                

(2)the ground that the court will review the award ,is stated in The Memorandum of Understanding on Arrangement concerning Mutual Enforcement of Arbitration Awards between the Mainland and the Hong Kong SAR article 7 (1)-(5) such as

“(1)A party to the arbitration agreement was, under the law applicable to him, under some incapacity, or the arbitration agreement was not valid under the law to which the parties subjected it, or ,failing any indication thereon, under the law of the place in which the arbitral award was made;”

Moreover, following the second paragraph of article 7 of the above mentioned Memorandum of Understanding provide the court can review on ground of contrary to the public interests of the mainland China.

Link to Hong Kong Journal

What is CISG

Convention on Contracts for the International Sale of Goods (CISG) was drafted by United Nations Commission on International Trade Law (UNCITRAL) in order to unify the international commercial law .CISG was improved from Uniform Law on the International Sale of Goods(ULIS) and Uniform Law on the Formation of Contracts for the International Sale of Goods which swere not successful as they were not  reconized by international trade society and were not Convention.
CISG does not consist the detail of all substance 's trading practice but its purpose is to provide the fundamental right and duty between buyer and seller and restitution which harmonize deference of all kind of legal systems. CISG has 101 article which  can  be separated into 4 part as following:

Part I - Sphere of Application and General Provisions (Articles 1-13)

Part II - Formation of the Contract (Articles 14–24)

Part III - Sale of Goods (Articles 25–88)

Part IV - Final Provisions (Articles 89-101)

The significant character of CISG is regulating base on the principal of freedom of contract.Hence the parties in contract may change the provision of CISG or agree not to use CISG within

each national public order.[1]

Here relative link

[1][1] M.J.Bonell,Introduction to the Convention, in Commentary on the international Sales Law-The 1980 Vienna Sales Covention,p 13(C.M. Binaca & M.J.Bonell eds. 1987

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