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Henry Gabriel advances scholarship on uniform commercial law

Elon Law Professor Henry Gabriel’s scholarship in domestic and international commercial law has been published recently in a book and several law journal articles.

A third edition of Gabriel’s book, The ABC’s of the UCC Article 2: Sales, was published by the American Bar Association Press in 2013. The book explores aspects of the Uniform Commercial Code (UCC), which the ABA describes as, “an indispensable part of the study of law and an essential part of legal practice. Adopted by all 50 states, the Code has been hailed as one of the great products of American law.”

The focus of Gabriel’s book on the UCC is on Article 2 of the Code regarding sales. The ABA’s web page about Gabriel’s The ABC’s of the UCC Article 2: Sales states that the book, “explains the structure and principles of UCC Article 2 as it applies to typical sales transactions providing readers with a coherent approach to analyzing issues encountered in a sale of goods transaction.”

In addition, Gabriel has authored three recently published law journal articles. They are:

“UNIDROIT Principles as a Source of Global Sales Law,” Villanova Law Review, Volume 58, Number 4 (2013)

This article offers aspects of the working methods of the International Institute for the Unification of Private Law (UNIDROIT) for consideration in deliberations about the revision or expansion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Gabriel is a member of the drafting committee and chair of the editorial committee of the 2010 UNIDROIT Principles of International Commercial Contracts.

“An American Perspective on the 2010 UNIDROIT Principles of International Commercial Contracts,” The Rabel Journal of Comparative and International Private Law, Volume 77, Number 1 (2013)

This article examines similarities and differences in aspects of the 2010 UNIDROIT Principles of International Commercial Contracts and American law.

“One of the goals in the drafting of the Principles was to be as neutral as possible from the various legal traditions, and by doing so, provide an instrument that has a truly global appeal,” Gabriel writes. “To achieve this goal, members of the Working Group constantly worked toward compromises that allowed both the best rules to emerge as well as a set of Principles that conformed to their respective legal traditions. As shown in this paper, the new sections in the 2010 UNIDROIT Principles of International Commercial Contracts largely conform in substance to American law. Hopefully this will lead to a greater usage of the Principles by American parties.”

“The Application of the Geneva Convention for Intermediated Securities,” Macquarie Journal of Business Law, Volume 9 (2012).

The abstract for this article follows:

“This article examines the recently promulgated Geneva Convention on Intermediated Securities and its application within the various legal traditions in which it is intended to operate. The article explains the major principles which underlie the workings of the Convention and explains how its functional approach achieves the goal of reducing system risk in the use of intermediated systems of securities holding and thereby encourages investment both domestically and in cross border transactions.”

In addition, Gabriel made the follow presentations recently:

  • “Using Soft Law in International Commercial Contracts,” Curtin University School of Law, Perth, Australia, June 19, 2013
  • “UNIDROIT, Private International Law, and Development,” The United States Mission to the Rome Based Agencies, Rome, Italy, May 7, 2013
  • “Proposed Coverage of Agricultural, Construction and Mining Equipment to the Cape Town Convention,” The Corporate Council on Africa Roundtable on the Cape Town Convention, Washington D.C., March 18, 2013
  • “Current Developments in International Commercial Law,” Transnational Law and Business University, Seoul, Korea, March 2, 2013
  • “UNIDROIT Principles of International Commercial Contracts as a Source of Global Contract Law,” Expert’s Meeting on Contract Law Reform, The United Nations Commission on International Trade Law Regional Center, Seoul, Korea, February 25, 2013
  • “UNIDROIT as a Source of Global Sales Law,” Villanova Law Review Symposium: “Assessing the CISG and other international endeavors to unify international contract law: has the time come for a new global initiative to harmonize and unify international trade?” Villanova, PA, January 18, 2013

More information about Elon Law Professor Henry Gabriel is available here.

Philip Craft,
8/12/2013 3:05 PM