INTERNATIONAL LEGAL HELP: Senate passes conventionsAuthor(s): Paul MarcotteSource: ABA Journal, Vol. 73, No. 2 (FEBRUARY 1, 1987), p. 36Published by: American Bar AssociationStable URL: http://www.jstor.org/stable/20759135 .

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36 ABA JOURNAL / FEBRUARY 1, 1987

News

INTERNATIONAL LEGAL HELP

Senate passes conventions

New international agreements ratified by the U.S. Senate may help lawyers whose practice includes in ternational sales contracts and child abduction cases.

The Senate voted 98-0 in October to consent to the 1980 U.N. Conven tion on Contracts for the International Sale of Goods, and the 1980 Hague Convention on the Civil Aspects of In ternational Child Abduction.

"The U.N. sales agreement is one of the most important conventions unifying private law since World War II," said Peter Pfund, an assistant legal adviser for private international law at the U.S. State Department. "It will be of tremendous interest to the interna tional trading community."

The convention sets forth uni form rules governing the formation of international sales contracts and the obligations of buyers and sellers. Many of its sections are consistent with the Uniform Commercial Code.

A major purpose of the agree ment is to remove the uncertainty as to what law governs international con tract disputes by providing substan tive law, according to Pfund.

The U.N. agreement will take ef fect on Jan. 1, 1988.

The ABA's Section on Interna tional Law and Practice will hold sem inars in Chicago, New York and Los

Angeles in May. The ABA supported the adoption of the CISG and the other international agreements ap proved by the Senate.

The Hague child abduction agreement is intended to facilitate the prompt return of children who are abducted?typically by one of their parents?from their country or held outside their country. So far eight countries have ratified that agree

ment.

In a letter to the Senate, the State Department noted that the pact does not seek to settle legal custody. It is only intended to prevent the abductor from gaining a legal advantage through taking the child.

The Senate also approved inter American agreements on commercial arbitration and court assistance in serving legal documents.

?Paul Marcotte

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