Franco Ferrari

Sofocle

Antigone

In force in 70 countries around the world and covering more than two thirds of world trade, the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is considered to be the most successful convention promoting international trade. According to many commentators, this success is due, among others, to the fact that the Convention does not directly impact on the domestic law of the various legal systems, as it applies only to international - as opposed to purely domestic - contracts. The Convention, in other words, does not impose changes in the domestic law, which makes it easier for States to adopt the Convention. This does not mean, however, that the Convention does not have any impact on the domestic law at all. This book analyzes - through 24 country reports as well as a general report submitted to the 1st Intermediate Congress of the International Academy of Comparative Law held in November 2008 in Mexico City - to what extent the Convention de facto influences domestic legal systems. In particular, the book examines the Convention's impact on the practice of law, the style of court decisions as well as the domestic legislation in the area of contract law.

The CISG and its Impact on National Legal Systems

Stefan Leible

In Europe, will the new Rome I Regulation meet its goals, which include: improving the predictability of the outcome of litigation, bringing certainty as to the law applicable and the free movement of judgments, and designating the same national law irrespective of the country of the court in which an action is brought? The most important features of this instrument are outlined and discussed in this book, which is a product of the conference "The Rome I Regulation," held in Verona in March 2009, and attended by legal experts from Europe and beyond. The book contains a collection of papers submitted at the conference.

The Law Applicable to Contractual Obligations in Europe

Rome I Regulation

Pierluigi Donini

profilo della filosofia antica

L'esercizio della ragione nel mondo classico

Diego P. Fernández Arroyo

Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.

Contemporary Challenges and Continuing Relevance

Private International Law

Friedrich Rosenfeld

In arbitration, evidence provides the basis for almost every decision, be it procedural, jurisdictional, or substantive. However, users from different legal traditions may not share the same understanding as to how an arbitral tribunal ought to proceed in this regard. Therefore, it is important for lawyers to know how to collect, develop, and present evidence in arbitration proceedings, not only from a legal perspective but also from a cultural point of view. It is against this backdrop that the editors have invited a diverse group of distinguished arbitration practitioners and academics to contribute to this matchless Handbook of Evidence in International Commercial Arbitration. Key concepts and issues related to evidence in arbitration covered include the following: the normative framework on evidence in arbitration proceedings; the burden and standard of proof; means of evidence, including documents, experts, and witnesses; questions of admissibility, including issues of privilege and confidentiality; the assessment of evidence and its probative value; court assistance and sanctions. With its systematic analysis of the key concepts of evidence, holistic discussion of the applicable normative framework, cross-cultural perspectives on the taking of evidence in arbitration, and reference to case law from major arbitration hubs, this book will become an undisputed point of reference for academics and practitioners alike. Critical acclaim: “This handbook elegantly captures the range of issues that arises regarding evidence in international arbitration. Bringing together the foremost experts in the field, each contribution offers a thoughtful analysis on these issues and the compilation deserves a prominent spot in every practitioner’s arbitral library.” Chiann Bao, Independent Arbitrator (Arbitration Chambers) and Vice President of the ICC Court of Arbitration “This publication well deserves recognition as a landmark handbook on evidence in international commercial arbitration. It comprehensively discusses the whole evidentiary process from its foundations taking a comparative and harmonizing perspective as well as the burden and standards of proof to the various evidentiary means up to the assessment of evidence. Written by leading academics and practitioners from all over the world, it will be a safe haven for anyone facing discrete evidentiary issues and looking for answers to fundamental or actual questions including as to privileges, confidentiality, virtual hearings or data protection.” Professor Filip De Ly, Chair of the ILA International Commercial Arbitration Committee

Key Issues and Concepts

Handbook of Evidence in International Commercial Arbitration

Newly available in English, the latest volume from accomplished literary critic Franco Ferrari offers extraordinary new insight into the life and works of Sappho, one of the most individualistic and evocative poets of antiquity. Important for those who are new to Sappho and the complex textual history of her work, this volume also offers fresh readings that will be of interest to scholars who are well familiar with the poems. Sappho's Gift: The Poet and Her Community examines the fragmentary evidence regarding the poems, largely drawn from papyri. It also considers the iconographical representations of Sappho, the types of poems and their occasions, her audience, and her literary and cultural milieu. Greek text and translations are provided for the major poems, together with brief critical apparatus. Franco Ferrari weighs information from many ancient sources regarding Sappho's circle, island life both political and personal, the poet's immediate family, her contemporary Alcaeus, and the kind of life that well-to-do girls and women might expect. Surprising insights in all these areas and more result from the author's sophisticated judgment of scraps of information across many centuries. The Sappho Franco Ferrari reveals to us is three-dimensional, a poet and writer, a lover of song and dance and parties, and a vibrant woman always considering the happiness and growth of the young women around her. Benjamin AcostaûHughes is Professor of Greek and Latin at the Ohio State University. His publications include Polyeideia:The Iambi of Callimachus and the Archaic Iambic Tradition (Berkeley 2002) and Arlon's Lyre: Archaic Lyric into Hellenistic Poetry (Princeton 2009). He is coauthor, with Susan Stephens, of Callimachus in Context: from Plato to Ovid (Cambridge, forthcoming). Lucia Prauscello is Lecturer in Classics at the University of Cambridge and Fellow of Trinity Hall. She is the author of Singing Alexandria: Music between Practice and Textual Transmission (Leiden 2006). She has variously published on archaic and Hellenistic poetry, drama, novel, performance criticism, and the sociology of ancient music.

The Poet and Her Community

Sappho's Gift

Jürgen Basedow

Giesela Rühl

Pedro A. de Miguel Asensio

Encyclopedia of Private International Law: National Reports A-Z

There is no better occasion than the 25th anniversary of the United Nation Convention on Contracts for the International Sale of Goods (CISG) to examine whether, and if so, to what extent that Convention has reached its goal of unifying the law of international sale of goods. By giving an account of how that Convention had been applied in the various countries, the papers published in this book allow the reader to assess the degree of uniformity reached and, ultimately, determine how successful that Convention really is. Published in co-operation with Bruylant (Belgium) and FEC (France).

Celebrating the 25th Anniversary of the United Nations Convention on Contracts for the International Sale of Goods

Quo Vadis CISG?

According to some commentators, forum shopping is an “evil” that must be eradicated. It has been suggested that the unification of substantive law through international conventions constitutes one way to achieve this outcome. This book shows that the drafting of uniform substantive law convention cannot prevent forum shopping. The reasons are classified into two main categories: convention-extrinsic and convention-intrinsic reasons. The former category comprises those reasons upon which uniform substantive law conventions do not have an impact at all. These reasons range from the costs of access to justice to the bias of potential adjudicators to the enforceability of judgments. The convention-intrinsic reasons, on the other hand, are reasons that relate to the nature and design of uniform substantive law conventions, and include their limited substantive and international spheres of application as well as their limited scope of application, the need to provide for reservations, etc. This book also focuses on another reason why forum shopping cannot be overcome: the impossibility of ensuring uniform applications and interpretations of the various uniform substantive law conventions.

Forum Shopping Despite Unification of Law

Contracts for the International Sale of Goods provides an examination of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Extensively referenced, the volume focuses on the exact determination of the CISG’s sphere of application; both the non-conformity of delivered goods and the notice of non-conformity; and the determination of the rate of interest on sums in arrears.

Applicability and Applications of the 1980 United Nations Convention

Contracts for the International Sale of Goods

Platone,

I miti più famosi dei dialoghi platonici, quei miti che - come scriveva Aristotele - suscitano stupore e meraviglia in chi legge. Il suggestivo racconto del volo dell'anima verso il mondo iperuranio nel Fedro; quello ancor più celebre dell'uomo nella caverna della Repubblica; l'evocativa ricostruzione dell'origine del cosmo nel Timeo; il racconto dell'uomo lacerato alla ricerca della propria metà perduta nel Simposio: queste affascinanti allegorie costituiscono forse le pagine più belle e avvincenti degli scritti di Platone. La premessa, a cura di Mario Vegetti, illustra il valore e il significato di questa scelta antologica, mettendone in rilievo l'originalità nel panorama degli studi dedicati la grande filosofo. L'ampia introduzione di Franco Ferrari offre un quadro complessivo sulla struttura e la funzione del mito nell'ambito della speculazione platonica. Ogni mito è corredato da una breve scheda esplicativa e fornito di una bibliografia essenziale. Una sezione finale, a cura di Stefano Amendola, è dedicata alla permanenza di temi ed echi di questi miti in epoca moderna, da Boccaccio a Bacone, da Tolkien a Matrix.

I miti di Platone

Ronald A. Brand

Harry Flechtner

“The Draft UNCITRAL Digest and Beyond” is one of the most useful single volumes available on the CISG. It includes the full text of the draft “UNCITRAL Digest” which catalogues the cases and arbitral awards to date that have interpreted and applied the CISG on an article by article basis. “The Digest and Beyond” includes also commentary by eminent CISG scholars that addresses issues not yet considered in the cases. With more than 1000 decisions applying the CISG in courts and arbitral tribunals around the world, the UNCITRAL Secretariat charged five CISG experts from a variety of regions with the task of creating a digest of CISG case law. “The Digest and Beyond” includes the draft “UNCITRAL Digest”, even before it is released officially by UNCITRAL. It also goes where the authors of the Digest were not allowed to go, given the narrow mandate within which the drafters were asked to work. Its chapters build upon the work of the “UNCITRAL Digest”. The Digest describes the reasoning and results of existing CISG cases; in “The Digest and Beyond”, the Digest authors analyze those cases, and discuss issues that have not yet arisen in the case law. Thus, in many ways, “The Digest and Beyond” provides scholarship that can direct future cases in areas that have not yet been considered by courts and arbitrators as well as in areas in which contradictory court decisions exist.

Cases, Analysis and Unresolved Issues in the U.N. Sales Convention

The Draft UNCITRAL Digest and Beyond

Will the new Rome I Regulation meet its goals - to improve the predictability of the outcome of litigation? - to bring certainty as to the law applicable and the free movement of judgments? - to designate the same national law irrespective of the country of the court in which an action is brought? The most important features of this instrument were outlined and discussed by distinguished legal experts from all over Europe and beyond at the conference "The Rome I Regulation", held in Verona on March 2009. This first book in English on the Rome I Regulation contains the papers submitted to that conference.

Silvia Benso

Roberto Esposito

Massimo Donà

Donatella Di Cesare

Emanuele Severino

Massimo Adinolfi

Gérard Bensussan

Gennaro Carillo

Giuseppe Cantillo

Massimo Cacciari

Jean-François Courtine

Giannino Di Tommaso

Biagio de Giovanni

Adriano Fabris

Félix Duque

Ernesto Forcellino

Bruno Forte

Romano Gasparotti

Giulio Giorello

Giulio Goria

Enrica Lisciani-Petrini

Eugenio Mazzarella

Giuseppe Moro

Edoardo Mirri

Giacomo Petrarca

Gaetano Rametta

Enrico Redaelli

Valerio Rocco Lozano

Rocco Ronchi

Carlo Sini

Luigi Vero Tarca

Andrea Tagliapietra

Fulvio Tessitore

Francesco Tomatis

Aldo Trione

Francesco Valagussa

Carlo Invernizzi

Andrea Bellantone

Il centro di questo libro è fuori del libro, in altri libri: nell’opera di Vincenzo Vitiello, con la quale gli autori dei saggi qui raccolti si sono nel tempo confrontati. Per gli ottant’anni del filosofo, hanno accolto volentieri l’idea di proseguire per un altro tratto un colloquio, che riprende autori e domande fondamentali del pensiero occidentale – da Platone a Aristotele, da Kant a Hegel, da Nietzsche a Heidegger a molti altri –, in una pluralità di prospettive e di proposte che dimostra la fecondità del dialogo tenuto nel corso di questi anni da alcune delle maggiori voci della filosofia contemporanea. In filosofia non esistono tradizioni che non vengano sempre nuovamente rimesse in questione. La forma stessa del mettere in questione, del logon didonai, ha da essere interrogata circa il suo statuto e i suoi titoli di legittimità. Una scepsi radicale attraversa dunque il pensiero filosofico. «Chi vuole che la sua parola abbia senso, deve farsi forte di ciò che a tutti è comune e ha senso»: così si legge in un frammento di Eraclito: nei testi che qui si presentano, la filosofia e i filosofi che la praticano danno forza a ciò che è loro comune, ma insieme sperimentano anche l’infirmitas di questa forza, secondo la lezione più cara a Vincenzo Vitiello.

Per gli ottant’anni di Vincenzo Vitiello

Trovarsi accanto

Franco Ferrari

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