P/L/47. Dissertation. International trade: harmonisation of the legal aspects in agency practices
(2004, 14000 words)
The aim of the dissertation is to investigate the legal aspects of agency as an institution involved in the international sale of goods. The objective is to analyse Geneva Convention on Agency in the International Sale of Goods 1983 and its impact upon English law. Agency is described as a crucial component of modern business; it is a átripartite phenomenon that implies three legal relationships: between principal and agent, between agent and third party, and between principal and third party. Harmonisation of these relationships based on the uniformity in legal rules benefits international trade. The role of the Geneva Convention and CISG in harmonising international trade and reaching acceptable compromises is outlined. The legal issues of common law and civil law are discussed in relation to commission agency. The doctrine of undisclosed agency is analysed and related to English law under which the agency must be named and disclosed. The review of literature provides theoretical rationale for the study drawing on the works by Muller-Freienfels, Ames and Higgins, Diplock, etc. In conclusion, harmonising methodology is outlined and suggestions are given to further accelerate the intensity of international trade.
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