Dear Readers of the Nordic Journal of Commercial Law,
It is my pleasure to introduce the 2008 issue of the NJCL as well as the new and revised web-site of the Nordic Journal of Commercial Law. I want to thank Jarno Vanto for his work during the last five years as Editor-in-Chief of the NJCL, and hope to continue his efforts in successfully servicing our readers with interesting articles on topics of international commercial law. I also wish to introduce quality articles on topics of interest to all actors in the international commercial arena, as well as informative comments or notes on national, regional or international commerce or trade-related legal news.
In this issue of the NJCL we offer both something old and something new. Professor Albert Kritzer of Pace University Law School has kindly continued to furnish us with expert commentary in the form of CISG Advisory Council Opinions. The rapporteur for the 7th CISG Advisory Council Opinon is Prof. Alejandro M. Garro of Columbia University Law School. We are also pleased to publish Keith Diener’s article on the recovery of attorney’s fees under the CISG, which received First Prize in the Clive M. Schmittkoff Essay Competition. Peter Mazzacano offers a new way of interpreting the CISG, which allows us to enjoy the full benefits of harmonized rules of international commercial law despite national differences. Finally, Professor Seppo Villa, offers an example of something new. His comparative piece shows how two different legal systems easily develop similar rules as a solution to problems in the commercial field. Thus, we can learn from each other, and tend to do so, regardless of whether there are formally harmonized rules on the international level.
Sincerely,
Katja Weckström
Editor-in-Chief
CISG Advisory Council Opinion No. 7 I. Exemption of Liability for Damages Under Article 79 of the CISG (Alejandro M. Garro)
Recovering Attorneys’ Fees under CISG: An Interpretation of Article 74 (Keith William Diener)
Attorneys’ fees are recoverable in breach of contract actions arising under the United Nations Convention on Contracts for the International Sale of Goods (CISG) in every country examined by the author except the United States.
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Harmonizing Values, Not Laws: The CISG and the Benefits of a Neo-Realist Perspective (Peter J. Mazzacano)
Legal Realists have been, perhaps, the harshest critics of the United Nations Convention on Contracts for the International Sale of Goods (“CISG” or “Convention”). This school of legal thought holds that beneath the veneer of scientific and deductive reasoning of “mechanical jurisprudence” are legal rules and concepts—that is, legal doctrine—that are often indeterminate, and these are rarely as neutral as they appear.
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Creditor Protection and the Application of the Solvency and Balance Sheet Tests under the Company Laws of Finland and New Zealand (Seppo Villa)
The rather modern solutions in the NZ CA of 1993, which largely resemble the American Model Business Corporations Act (MBCA), aim to ensure, firstly, that only assets that exceed the amount of liabilities are distributed, and secondly, that the company maintains its solvency despite the distribution.
