Pub Date : 2024-05-15DOI: 10.6000/2817-2302.2024.03.05
C. Singh
Artificial intelligence (AI), machine learning (ML) and deep learning (DL) have had a profound impact on various sectors including Banking (Fin Tech), Health (HealthTech) and Charitable Fundraising (Charity Tech). The ‘natural’ ability of an AI system to independently perform and, often, outthink its human-counter parts by developing ‘intelligence’(simulating human intelligence) through its own experiences and processing deep layers of information i.e., complex representations of data, and learn has resulted in astounding improvements in the completion of tasks that are complex and technical, time-consuming.AI, with the ease of working with the most granular level of detail, can identify people and objects, recognise voices, uncover patterns and, in advance, screen for problems. Yet, RegTech (or LawTech/LegalTech) has not seen the same level of advancement. AI can provide solutions and enormous economic, political, and social benefits – in terms of public service administration. The purpose of this article is to explore advents in AI (ML and DL) and whether the criminal justice system, in the United Kingdom (UK), which is heavily overburdened, could benefit from some of the advances that have taken place in other sectors and jurisdictions, and whether automation and algorithmic decision making could be used to modernise it. This research draws on domestic and international published law, regulation, and literature, and isset out in six parts, the first partre views the position of the criminal justice system i.e., issues, part two then looks at relative technological advancements in AI, and the Metaverse. Part three explores current advents in AI relating to RegTech (LawTech/LegalTech) and how, if at all, the CJS can use this technology. Part four explores what aspects of the U.K.’s CJS would be fit for automation. Part five focuses on those matters pertaining to AI that pose problems in relation to matters in part 4 i.e., AI discrimination and bias, and explores safeguarding and mitigation including the requirement for explanation as set out in the GDPR. Part six concludes the discussion with some recommendations, as at, January 2024. It is suggested that AI and algorithmic decision making, with the correct legal framework and safeguards in place, could assist in modernising the CJS focussed legal functions, services in law firms, innovating for the next decade. This work is original and timely given the increased debate relating to how AI can assist in modernising the U.K.’s CJS, the global criminal justice challenges, solutions, and what, if any, role the Metaverse can play.
{"title":"Algorithmic Decision Making: Can Artificial Intelligence and the Metaverse Provide Technological Solutions to Modernise the United Kingdom’s Legal Services and Criminal Justice?","authors":"C. Singh","doi":"10.6000/2817-2302.2024.03.05","DOIUrl":"https://doi.org/10.6000/2817-2302.2024.03.05","url":null,"abstract":"Artificial intelligence (AI), machine learning (ML) and deep learning (DL) have had a profound impact on various sectors including Banking (Fin Tech), Health (HealthTech) and Charitable Fundraising (Charity Tech). The ‘natural’ ability of an AI system to independently perform and, often, outthink its human-counter parts by developing ‘intelligence’(simulating human intelligence) through its own experiences and processing deep layers of information i.e., complex representations of data, and learn has resulted in astounding improvements in the completion of tasks that are complex and technical, time-consuming.AI, with the ease of working with the most granular level of detail, can identify people and objects, recognise voices, uncover patterns and, in advance, screen for problems. Yet, RegTech (or LawTech/LegalTech) has not seen the same level of advancement. AI can provide solutions and enormous economic, political, and social benefits – in terms of public service administration. The purpose of this article is to explore advents in AI (ML and DL) and whether the criminal justice system, in the United Kingdom (UK), which is heavily overburdened, could benefit from some of the advances that have taken place in other sectors and jurisdictions, and whether automation and algorithmic decision making could be used to modernise it. This research draws on domestic and international published law, regulation, and literature, and isset out in six parts, the first partre views the position of the criminal justice system i.e., issues, part two then looks at relative technological advancements in AI, and the Metaverse. Part three explores current advents in AI relating to RegTech (LawTech/LegalTech) and how, if at all, the CJS can use this technology. Part four explores what aspects of the U.K.’s CJS would be fit for automation. Part five focuses on those matters pertaining to AI that pose problems in relation to matters in part 4 i.e., AI discrimination and bias, and explores safeguarding and mitigation including the requirement for explanation as set out in the GDPR. Part six concludes the discussion with some recommendations, as at, January 2024. It is suggested that AI and algorithmic decision making, with the correct legal framework and safeguards in place, could assist in modernising the CJS focussed legal functions, services in law firms, innovating for the next decade. This work is original and timely given the increased debate relating to how AI can assist in modernising the U.K.’s CJS, the global criminal justice challenges, solutions, and what, if any, role the Metaverse can play.","PeriodicalId":509601,"journal":{"name":"Frontiers in Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140972585","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-20DOI: 10.6000/2817-2302.2024.03.04
Carlos Manuel Rosales, Oscar Ruiz Vargas
It is essential that the judicial function be public, discreet, and professional. Its legitimacy as a public authority is acquired through the recognition of judgments, in which there is an identification between decisions and society. But what type of communication must be made by the judiciary, and especially by judges, to provide information about their activities, and ensure that their interaction strengthens the republic, generating proximity between the sovereign and the public power.
{"title":"Judges and Social Networks","authors":"Carlos Manuel Rosales, Oscar Ruiz Vargas","doi":"10.6000/2817-2302.2024.03.04","DOIUrl":"https://doi.org/10.6000/2817-2302.2024.03.04","url":null,"abstract":"It is essential that the judicial function be public, discreet, and professional. Its legitimacy as a public authority is acquired through the recognition of judgments, in which there is an identification between decisions and society. But what type of communication must be made by the judiciary, and especially by judges, to provide information about their activities, and ensure that their interaction strengthens the republic, generating proximity between the sovereign and the public power.","PeriodicalId":509601,"journal":{"name":"Frontiers in Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140227775","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-20DOI: 10.6000/2817-2302.2024.03.02
M. Y. Martynov
The subject of the study is the causes of the contradiction that have arisen in the legal and political field of modern Russia, related to the status of the institution of local self-government. On the one hand, local self-government, in fact, acts as a lower level of public administration, both in political practice and in mass consciousness. But legally, its bodies are not part of the system of state power. The author explains this situation by the institutional trap into which the state power has fallen. The author sees the reasons for the emergence of this collision between the needs of political practice and legislative requirements in the coincidence of circumstances caused by the struggle of actors during the political confrontation between the legislative and executive powers in October 1993. The lack of socio-economic support, necessary for the full functioning of the institution, made it inevi that in the future that institution would turn into a "lower floor" of the system of state administration, with the simultaneous camouflaging municipal bodies as a non-governmental organization. It is shown that throughout the entire subsequent history of local self-government existence attempts were made to resolve this contradiction. The latest attempt was made in the latest version of the Constitution of the Russian Federation by including state and local self-government bodies into the system of unified public power. It is noted that the functioning of nominally self-governing, but basically - state bodies at the local level has a number of negative consequences. Organizational and legal ways out of the "institutional trap" are suggested.
{"title":"Local Self-Governance and State Power in the Russian Federation: In the Search for a Way Out of the Institutional Trap","authors":"M. Y. Martynov","doi":"10.6000/2817-2302.2024.03.02","DOIUrl":"https://doi.org/10.6000/2817-2302.2024.03.02","url":null,"abstract":"The subject of the study is the causes of the contradiction that have arisen in the legal and political field of modern Russia, related to the status of the institution of local self-government. On the one hand, local self-government, in fact, acts as a lower level of public administration, both in political practice and in mass consciousness. But legally, its bodies are not part of the system of state power. The author explains this situation by the institutional trap into which the state power has fallen. \u0000The author sees the reasons for the emergence of this collision between the needs of political practice and legislative requirements in the coincidence of circumstances caused by the struggle of actors during the political confrontation between the legislative and executive powers in October 1993. The lack of socio-economic support, necessary for the full functioning of the institution, made it inevi that in the future that institution would turn into a \"lower floor\" of the system of state administration, with the simultaneous camouflaging municipal bodies as a non-governmental organization. \u0000It is shown that throughout the entire subsequent history of local self-government existence attempts were made to resolve this contradiction. The latest attempt was made in the latest version of the Constitution of the Russian Federation by including state and local self-government bodies into the system of unified public power. \u0000It is noted that the functioning of nominally self-governing, but basically - state bodies at the local level has a number of negative consequences. Organizational and legal ways out of the \"institutional trap\" are suggested.","PeriodicalId":509601,"journal":{"name":"Frontiers in Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140227491","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-20DOI: 10.6000/2817-2302.2024.03.03
Oksana Shcherbaniuk, Tetiana Bohdanevych
As a means of organising certain existing disputes and resolving conflicts within society, it has made the institution of procedural formalities necessary since the beginning of history. The existence of formalities in a proceeding, whether judicial or extrajudicial, serves to limit certain situations in the course of the process. It is well known that there are several principles that regulate the formalities of procedure, mainly by establishing procedural limits. These reason values are thus aimed at achieving the principles of purpose. The methodological basis of the article is the dialectical method of cognition based on materialistic dialectic with the use of such general scientific methods as analysis, synthesis, induction, deduction, abstraction, specification, analogy, hypothesis building method, and the system-structural method. The study has resulted in the identification of cases of excessive formalism by courts when applying the rules of procedural law. The practical significance of the results obtained is to prevent such mistakes by law enforcement authorities in the future. As a result of writing this article, the author has established that the main manifestations of excessive formalism are the creation by the court of procedural obstacles to the implementation of procedural rules by the parties to the case, strict interpretation by national legislation of the procedural rules, and return of an administrative claim on formal grounds. It is proved that excessive formalism in resolving the issue of acceptance of a statement of claim leads to a violation of the right to fair judicial protection.
{"title":"The Doctrine of Excessive Formalism in the Legal Theory and Practice of the European Court of Human Rights","authors":"Oksana Shcherbaniuk, Tetiana Bohdanevych","doi":"10.6000/2817-2302.2024.03.03","DOIUrl":"https://doi.org/10.6000/2817-2302.2024.03.03","url":null,"abstract":"As a means of organising certain existing disputes and resolving conflicts within society, it has made the institution of procedural formalities necessary since the beginning of history. The existence of formalities in a proceeding, whether judicial or extrajudicial, serves to limit certain situations in the course of the process. It is well known that there are several principles that regulate the formalities of procedure, mainly by establishing procedural limits. These reason values are thus aimed at achieving the principles of purpose. The methodological basis of the article is the dialectical method of cognition based on materialistic dialectic with the use of such general scientific methods as analysis, synthesis, induction, deduction, abstraction, specification, analogy, hypothesis building method, and the system-structural method. The study has resulted in the identification of cases of excessive formalism by courts when applying the rules of procedural law. The practical significance of the results obtained is to prevent such mistakes by law enforcement authorities in the future. As a result of writing this article, the author has established that the main manifestations of excessive formalism are the creation by the court of procedural obstacles to the implementation of procedural rules by the parties to the case, strict interpretation by national legislation of the procedural rules, and return of an administrative claim on formal grounds. It is proved that excessive formalism in resolving the issue of acceptance of a statement of claim leads to a violation of the right to fair judicial protection.","PeriodicalId":509601,"journal":{"name":"Frontiers in Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140224740","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-14DOI: 10.6000/2817-2302.2024.03.01
Sri Wartini
Climate change causes serious impacts to the environment and to human beings. The impacts of climate change cannot be overcome by a single state, but it needs international cooperation. Each state has to act locally to participate in combating climate change in order to achieve climate justice. The research aims to analyze comprehensively the implementation of sustainable development to achieve climate justice Indonesian Perspective as an Archipelagic State. This study is a normative juridical research by applying conceptual and statutory approaches. The result of the research found that the policies strategies and efforts of Indonesian government to participate in achieving climate justice in the global spere still needs to be improved. However, there are some opportunities and challenges that have to be addressed. Thus, it is necessary to educate and to improve the public awareness to participate in the efforts of implementing sustainable development principle to achieve climate justice.
{"title":"The Implementation of Sustainable Development to Achieve Climate Justice: Indonesian Perspective as an Archipelagic State","authors":"Sri Wartini","doi":"10.6000/2817-2302.2024.03.01","DOIUrl":"https://doi.org/10.6000/2817-2302.2024.03.01","url":null,"abstract":"Climate change causes serious impacts to the environment and to human beings. The impacts of climate change cannot be overcome by a single state, but it needs international cooperation. Each state has to act locally to participate in combating climate change in order to achieve climate justice. The research aims to analyze comprehensively the implementation of sustainable development to achieve climate justice Indonesian Perspective as an Archipelagic State. This study is a normative juridical research by applying conceptual and statutory approaches. The result of the research found that the policies strategies and efforts of Indonesian government to participate in achieving climate justice in the global spere still needs to be improved. However, there are some opportunities and challenges that have to be addressed. Thus, it is necessary to educate and to improve the public awareness to participate in the efforts of implementing sustainable development principle to achieve climate justice.","PeriodicalId":509601,"journal":{"name":"Frontiers in Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139778490","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-14DOI: 10.6000/2817-2302.2024.03.01
Sri Wartini
Climate change causes serious impacts to the environment and to human beings. The impacts of climate change cannot be overcome by a single state, but it needs international cooperation. Each state has to act locally to participate in combating climate change in order to achieve climate justice. The research aims to analyze comprehensively the implementation of sustainable development to achieve climate justice Indonesian Perspective as an Archipelagic State. This study is a normative juridical research by applying conceptual and statutory approaches. The result of the research found that the policies strategies and efforts of Indonesian government to participate in achieving climate justice in the global spere still needs to be improved. However, there are some opportunities and challenges that have to be addressed. Thus, it is necessary to educate and to improve the public awareness to participate in the efforts of implementing sustainable development principle to achieve climate justice.
{"title":"The Implementation of Sustainable Development to Achieve Climate Justice: Indonesian Perspective as an Archipelagic State","authors":"Sri Wartini","doi":"10.6000/2817-2302.2024.03.01","DOIUrl":"https://doi.org/10.6000/2817-2302.2024.03.01","url":null,"abstract":"Climate change causes serious impacts to the environment and to human beings. The impacts of climate change cannot be overcome by a single state, but it needs international cooperation. Each state has to act locally to participate in combating climate change in order to achieve climate justice. The research aims to analyze comprehensively the implementation of sustainable development to achieve climate justice Indonesian Perspective as an Archipelagic State. This study is a normative juridical research by applying conceptual and statutory approaches. The result of the research found that the policies strategies and efforts of Indonesian government to participate in achieving climate justice in the global spere still needs to be improved. However, there are some opportunities and challenges that have to be addressed. Thus, it is necessary to educate and to improve the public awareness to participate in the efforts of implementing sustainable development principle to achieve climate justice.","PeriodicalId":509601,"journal":{"name":"Frontiers in Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139838220","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-12DOI: 10.6000/2817-2302.2023.02.16
Lorenzo Sasso
Bridging finance to small and medium enterprises (SMEs) is a must in the sustainable economic development of any country. Access to finance is an essential determinant for business start-ups, development and growth for SMEs. In these years, crowd funding digital platforms have flourished fast as an innovative form of financing for SMEs. Their characteristics allow them to perform SME credit risk assessment better and quicker than traditional financial intermediaries. Compared to banks, for instance, crowd funding digital platforms benefit from minimal capital requirements and a flexible organizational structure that, thanks to the new digital technology, can collect and process information and big data much more quickly. To foster the growth of the crowd funding industry in the EU and ensure investor protection, the legislator introduced the European Crowd funding Service Provider Regulation (ECSPR). The new regulation aims to create a standardized regulatory framework by harmonizing the crowd funding services in the common market and facilitating cross-border operations, enhancing investor protection, promoting transparency and ensuring compliance with the regulatory requirements to increase investor confidence. This article discusses the ECSPR's objectives, requirements and critical provisions. Furthermore, it evaluates the ECSPR's results against the EU legislator's initial intents of fostering the growth of the crowd funding industry and enhancing investors' trust and confidence with protection measures. A balance between these two would be optimal.
{"title":"Bridging Entrepreneurial Finance in the EU: The New Crowd Funding Regulation","authors":"Lorenzo Sasso","doi":"10.6000/2817-2302.2023.02.16","DOIUrl":"https://doi.org/10.6000/2817-2302.2023.02.16","url":null,"abstract":"Bridging finance to small and medium enterprises (SMEs) is a must in the sustainable economic development of any country. Access to finance is an essential determinant for business start-ups, development and growth for SMEs. In these years, crowd funding digital platforms have flourished fast as an innovative form of financing for SMEs. Their characteristics allow them to perform SME credit risk assessment better and quicker than traditional financial intermediaries. Compared to banks, for instance, crowd funding digital platforms benefit from minimal capital requirements and a flexible organizational structure that, thanks to the new digital technology, can collect and process information and big data much more quickly. To foster the growth of the crowd funding industry in the EU and ensure investor protection, the legislator introduced the European Crowd funding Service Provider Regulation (ECSPR). The new regulation aims to create a standardized regulatory framework by harmonizing the crowd funding services in the common market and facilitating cross-border operations, enhancing investor protection, promoting transparency and ensuring compliance with the regulatory requirements to increase investor confidence. This article discusses the ECSPR's objectives, requirements and critical provisions. Furthermore, it evaluates the ECSPR's results against the EU legislator's initial intents of fostering the growth of the crowd funding industry and enhancing investors' trust and confidence with protection measures. A balance between these two would be optimal.","PeriodicalId":509601,"journal":{"name":"Frontiers in Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139182860","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-19DOI: 10.6000/2817-2302.2023.02.15
T. Z. Kamilovska, Tatjana Shterjova Dushkovska
As has been often stated in judicial practice, collective redress simply reflects the rise of mass production, the diversification of corporate ownership, the advent of the mega-corporation, and the recognition of environmental wrongs. Although the American opt-out class actions are the first thing that comes to mind when one thinks of collective redress, European legislators have been particularly wary regarding the possibility of the US “toxic cocktail" finding their way into European legislations. On the other hand, arbitration, in its basis, is a private way of resolving disputes which is a creation of the parties in the dispute. In its basis there must be consent of the parties to submit the particular dispute to be resolved in arbitration proceedings. Therefore, the possibility to incorporate collective redress mechanism in arbitration proceedings might raise many questions.
{"title":"Is it Still Too Early for Collective Redress in Arbitration? – The Boundaries and Opportunities in European Perspectives","authors":"T. Z. Kamilovska, Tatjana Shterjova Dushkovska","doi":"10.6000/2817-2302.2023.02.15","DOIUrl":"https://doi.org/10.6000/2817-2302.2023.02.15","url":null,"abstract":"As has been often stated in judicial practice, collective redress simply reflects the rise of mass production, the diversification of corporate ownership, the advent of the mega-corporation, and the recognition of environmental wrongs. Although the American opt-out class actions are the first thing that comes to mind when one thinks of collective redress, European legislators have been particularly wary regarding the possibility of the US “toxic cocktail\" finding their way into European legislations. On the other hand, arbitration, in its basis, is a private way of resolving disputes which is a creation of the parties in the dispute. In its basis there must be consent of the parties to submit the particular dispute to be resolved in arbitration proceedings. Therefore, the possibility to incorporate collective redress mechanism in arbitration proceedings might raise many questions.","PeriodicalId":509601,"journal":{"name":"Frontiers in Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139259746","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-15DOI: 10.6000/2817-2302.2023.02.14
M. EmirCelik
The intricate nature of international trade is encapsulated in the complexities of CIF (Cost, Insurance, and Freight) contracts, which stand at the intersection of the sale of goods and the sale of documents. This paper seeks to dissect the pivotal roles played by documents and goods within CIF contracts and to ascertain whether these contracts are more accurately defined as sales of documents rather than sales of goods. By examining legal cases and dissecting the contractual obligations of parties involved in CIF contracts, this study aims to shed light on the essence of these contracts in the context of international law and trade practices. The research is divided into four main parts. Initially, it analyzes the duties of parties and the role of CIF documents in the sale of goods. The second part delves into the implications of documents and goods concerning the transfer of risk and property, probing into the critical claim of documents. The third part scrutinizes the buyer's right to refuse the documents or the goods, and which aspect takes precedence. The fourth part evaluates the claim that CIF contracts made en route are essentially 'sales of documents'. This study culminates by presenting arguments on the nature of CIF contracts, weighing the significance of documents against the goods themselves. Despite the increasing tendency to use documents to represent physical goods in trade, this paper concludes that CIF contracts inherently constitute contracts for the sale of goods. It highlights the distinctive rights related to the rejection of either documents or goods, thereby reinforcing the primacy of the actual goods over their documentary representations in CIF contracts.
{"title":"The Status of CIF Contracts between the Sale of Goods and the Sale of Documents","authors":"M. EmirCelik","doi":"10.6000/2817-2302.2023.02.14","DOIUrl":"https://doi.org/10.6000/2817-2302.2023.02.14","url":null,"abstract":"The intricate nature of international trade is encapsulated in the complexities of CIF (Cost, Insurance, and Freight) contracts, which stand at the intersection of the sale of goods and the sale of documents. This paper seeks to dissect the pivotal roles played by documents and goods within CIF contracts and to ascertain whether these contracts are more accurately defined as sales of documents rather than sales of goods. By examining legal cases and dissecting the contractual obligations of parties involved in CIF contracts, this study aims to shed light on the essence of these contracts in the context of international law and trade practices. The research is divided into four main parts. Initially, it analyzes the duties of parties and the role of CIF documents in the sale of goods. The second part delves into the implications of documents and goods concerning the transfer of risk and property, probing into the critical claim of documents. The third part scrutinizes the buyer's right to refuse the documents or the goods, and which aspect takes precedence. The fourth part evaluates the claim that CIF contracts made en route are essentially 'sales of documents'. This study culminates by presenting arguments on the nature of CIF contracts, weighing the significance of documents against the goods themselves. Despite the increasing tendency to use documents to represent physical goods in trade, this paper concludes that CIF contracts inherently constitute contracts for the sale of goods. It highlights the distinctive rights related to the rejection of either documents or goods, thereby reinforcing the primacy of the actual goods over their documentary representations in CIF contracts.","PeriodicalId":509601,"journal":{"name":"Frontiers in Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139275727","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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