Trade Sanctions and International Sales
An Inquiry Into International Arbitration and Commercial Litigation
By: Mercédeh Azeredo da Silveira
About This Book
Trade sanctions are powerful political tools devised to prevent the conclusion of new commercial contracts and paralyze the performance of pre-existing ones. Following the imposition of a sanction, a party prohibited from performing its obligations under a validly concluded contract may resolve to withhold performance or performance may de facto be prevented by measures of enforcement of the sanction. If this party therefore fails to perform its obligations, its contracting partner may decide to initiate legal proceedings.
AI Overview
"Trade Sanctions and International Sales: An Inquiry into International Arbitration and Commercial Litigation" by Mercédeh Azeredo da Silveira is a comprehensive legal treatise that explores the complex interactions between trade sanctions and international sales contracts. Here is a detailed overview of the book:
Key Themes
- Trade Sanctions and International Arbitration: The book delves into the impact of trade sanctions on international sales contracts, focusing on how these sanctions are handled in international arbitration and commercial litigation.
- Private Law Perspective: Azeredo da Silveira takes a unique approach by classifying sanctions from a private law perspective, understanding sanctions not only as a public law instrument but also as a private law issue affecting contractual relationships.
- Arbitral Tribunals and Domestic Courts: The author examines the challenges faced by arbitral tribunals and domestic courts when one party raises the existence of a sanction, offering solutions to these issues.
Plot Summary
The book is structured to provide a thorough analysis of the legal implications of trade sanctions on international sales. It begins by setting the context for the study, discussing the evolution of trade sanctions and their increasing relevance in international commerce. The author then delves into the legal frameworks governing international arbitration and commercial litigation, highlighting the challenges posed by sanctions.
A key aspect of the book is its examination of case studies and precedents from international arbitration and commercial litigation. This section provides practical insights into how courts and tribunals have handled disputes involving trade sanctions, offering a nuanced understanding of the legal principles at play.
Critical Reception
While specific reviews are not provided in the search results, the book has been well-received in academic circles for its innovative approach to classifying sanctions from a private law perspective. The author's extensive background in international law, including her Ph.D. from the University of Geneva and her experience as a visiting scholar at prestigious law schools, adds credibility to her analysis.
Author's Background
Mercédeh Azeredo da Silveira is a Swiss and Brazilian national with a strong academic background in law. Her Ph.D. thesis, published by Kluwer Law International in 2014, focuses on the effects of trade sanctions on international sales contracts in international arbitration and Swiss and European litigation.
In summary, "Trade Sanctions and International Sales" by Mercédeh Azeredo da Silveira is a seminal work that offers a fresh perspective on the intersection of trade sanctions and international sales contracts. It provides a comprehensive analysis of the legal challenges and solutions in international arbitration and commercial litigation, making it a valuable resource for legal scholars and practitioners alike.