I. Material Facts Blissful Dance Shoes (BDS) is a shoes company, which is located in the Hindmarsh, South Australia. They invented new technology shoes namely Extreme 5. These shoes, which have a unit price AUD$ 425,00, can be used for all dance genres, such as jazz, ballet, and Latin. Moreover, Extreme 5 is very comfortable and provides protection for dancers’ feet. As a result, there are many countries that are interested to be a distributor, an agent, or just a retailer of Extreme 5. II. Issues and analysis According to the company plan to export Extreme 5, there are some issues that need to be analysed comprehensively, as follows: 1. The legal regime in the contract of international sale of goods between BDS and the foreign country There is no international law applied into the contract of the international sale of goods. Instead, the domestic law of the seller, buyer, or third party could be applied in the contract. Moreover, the parties usually refer to the CISG Convention , but this convention is a model law only. It means that the CISG is just a guideline rule for the parties in the international sale of goods. There is no obligation for the parties to implement the CISG. In the international sale of goods, the CISG rule applies if: a. The seller and buyer come from different states. b. Both states of the parties must be members of the CISG or the rule of private international law must lead to the application of the law of a contracting state. Due to the
In the poem “ The empty Dance Shoes” by Cornelius Eady, a pair of dance shoes symbolize objects that are aimless until put into use. The speaker uses precise images and words that display an encouraging attitude when comparing an empty pair of dance shoes to effortless objects to relate that interaction and productivity in life can cause you to get to where you want to be.
Whether we look at a romantic ballet like La Sylphide or a classical ballet such as Sleeping Beauty, audiences are constantly mesmerized by the gracefulness and weightlessness of the ballet dancers. They seem to defy the laws of physics, which is greatly possible due to the use of the pointe shoe. However, many masterworks that were created in the Romantic era did not solely rely on the pointe shoe to help convey messages. Instead, the choreography, dancers, scenic elements, subject matter, and music all helped shaped masterworks such as La Sylphide, Napoli, and Giselle. Similarly, in the Classical era, these elements all played a role in shaping famous ballets like La Bayadere, Sleeping Beauty, and Swan Lake. But once we take a closer look at these ballets from the Classical era, we can see how much ballet evolved. Nevertheless, it is important to note that the Romantic era was the stepping stone for this pure art form that we have been able to preserve for more than 160 years.
The jurisdictional requirement, in Idaho, that parties enter a bilateral agreement, requiring both sides to sign the
In order to ratify these laws it must then go through the parliamentary process so that it can become an enforceable law. An advantage of nation states is that from the UN, the two covenants of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966, allow for countries that are democratic to be accounted for, but also for countries such as China that are not democratic to be covered as well.
When U.S business are thinking about going abroad, they need to be aware of the other country’s laws and regulations. “All businesses must, of course, follow the laws of the countries in which they are physically present and operating. Businesses may also be required, even in their foreign operations, to continue to follow certain laws of their home country. Also, businesses operating across national borders will also be subject to international law (Tony McAdams, 2014)”.
This agreement made and entered into this date October 23, 2015, by and between Machines, Inc. of Austin, Texas, and Widgets, Inc. of Detroit. It was designed for both parties to understand terms and condition of their trading. This sale contract was developed by Uniform Commercial Code, which is government rules regarding businesses or companies. According to Raina article, “the terms and conditions in import contracts outline the rights and obligations of the importer and the foreign supplier in carrying out the transaction (1990, sec.1). This contract regards for the purchase of the goods described below:
It is clear that companies need to know what is and what is not legal in order to trade successfully. If an organization trades globally this becomes a very tricky area to get right as each country has its own set of rules and regulations.
Even the contracts are expressly agreed to by the parties, those terms need to be inter-preted and the court must ascertain the terms and meaning of the parties to the con-tract. According to the UCC, the court would look to the relevant course of perfor-mance, course of dealing and usage of trade to determine the meaning of the words of agreement.
Taking this into consideration, dealing with external activities of a state, international law has extensive latitude. In Article 38 (1) of the Statue of the International Court of Justice, the following sources of international law are acknowledged: (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting States; (b) international custom, as evidence of a general practice accepted as law; (c) the general principles of law recognized by civilized nations; (d) ... judicial decisions and the teachings of the most highly qualified publicists of the various nations, subsidiary means for the determination of rules of law (36). Sources having a technical meaning related to the law making process and must not be confused with information sources, research sources or bibliographies on international law (35). Rules expressed and recognized by consenting states are referred to as treaties and/or conventions. Treaties are codified agreements established by consenting states as means of resolving a dispute or to recognize mutual interests. Since treaties are codified, they are favored over customary law; therefore, becoming a vital part of building a more stable foundation for international law. States are required to meet their international obligations as well as formulate efforts to
Finally, based on common law, the principle of comity and equity may oblige the courts to recognize foreign arbitral award, regardless where the arbitration was seated. The US Courts
Business is continually growing on a global level leading to international business partnerships, agreements, and trades. During these types of business relationships disputes are common (University of Phoenix, n.d.). If a dispute occurs one party may chooses to take legal action against the other party. Making the decision to take legal action businesses must make considerations prior to proceeding. Making the right decisions can build a strong relationship between parties. Considerations to take include contracts, local law, and local customs and culture. Steps may be taken to minimize risks in international business agreements as well.
This resulted in a demand for more elaborate pointe shoes. A wide range of designs were on the market: from soft block shoes, which are designed for transition from soft shoes to pointe shoes, to extremely hard shoes, which give extra strength, to machine-manufactured rehearsal pointes for dance students operating on a smaller budget. About thirty-five ballet shoe manufacturers, such as Freed, Grishko, Bloch, Capezio, and Gaynor Minden operate in the market. At the end of the twentieth century, the fashion industry picked up the idea of ribbons and look-alike pointe shoes, and designer brands such as Manolo Blahnik, Sonia Rykiel, Etro, and Blumarine have used the pointe shoe style to create "ballerina" fashion shoes.
The art of ballet has been around for many years starting around the 15th and 16th centuries. It is a formalized form of dance that started in Italy and spread to France. In France, Catherine de' Medici further developed ballet, and that is why most ballet terminology is French. One of the main things ballet is known for is ballerinas standing on their toes, or pointe shoes. For a dancer to be able to stay balanced they have to have a steady center of balance. A dancer’s center is when they can balance for long periods of time and do not stumble or bobble on turns. Pointe shoes can be very dangerous if the dancer’s ankles, feet, or legs are not strong enough. They could break their ankles or just damage them badly. These pointe shoes have allowed dancers to perform on their toes with the necessary support needed since the early 1800s. Although the first “real” pointe shoes were created in the 1800s the idea of pointe work started long before. Before the 18th century, ballerinas had to dance with heeled
I check to make sure both dance shoes made it safely into the car along with my hair pins and pom-poms. Before my mom even opens her door I have my phone plugged in ready for the long ride ahead along with a pillow placed against the window in case I fall asleep.
IGOs are voluntary associations of sovereign states established to pursue many objectives for which states want to cooperate through sort of formal structure and to which states are unable to realize by themselves (Miller, 1994). There are hundreds of IGOs in today's world which are significant in their respective fields. They are created by treaties and negotiations which mainly reflect preferences of stronger states. Especially stronger states create IGOs because they need them to protect their interests. By and large, decisions made by IGOs are the product of negotiations among the governmental representatives assigned to them. In general, it is not idealism, but the need of states which tend them to cooperate with other states in the context of IGOs. Therefore, they are part of the Westphalia state system in which IGOs are instruments of nation-states (Miller, 1994: 67). Regarding to the function and the purpose of IGOs, the influence of state as an actor in international relation still remains strong but in a different way, IGOs replace the original ideas of individual states but to identify states which have the same normative behavior and same ambitions to form a cooperate with each other so as to achieve the same goal. Even said so, powerful states are less constrained by the principle of IGOs than those who are relatively weak (Ataman, 2000: 152-167). This suggests that state is the key element in