"Free Trade Agreement between the Government of the People’s Republic of China and the Government of New Zealand"
A H Angelo and Ping Xiong, 2008
This article provides a structural overview of the Free Trade Agreement between China and New Zealand. Particular focus is given to the dispute resolution mechanism put in place by the agreement. The last part of the article provides an introduction to the law of China. The author’s focus is on the main features of contract, commercial and intellectual property law. The conflict of laws rules regarding choice of law and the enforcement of foreign judgments relevant to these areas are also discussed.
Anthea Markstein, 2010
The author argues that the ‘rule’ that the same law should govern all contracts in a letter of credit transaction should be jettisoned in favour of an approach that seeks to achieve uniformity in the governing law only where such an outcome is supported by the parties’ commercial expectations. It is suggested that where commercial expectations do not support uniformity of governing law across all contracts, legal certainty and ascertaining the governing law most connected to the contract should be the paramount policy considerations. The author analyses three possible approaches as to how this may be achieved in the context of freely negotiable letters of credit.