Volume 7, Fall 2002 From the Director he past year has been one of growth with transition law faculties, and we ap- and change for the Center for In- preciate the level of confidence shown in T ternational Legal Education. The our programs by the Department of State most obvious change is in personnel with as well as our partner law faculties. A strong the departure of Elizabeth (Bessy) alliance with the University’s Center for Bennellick. After three years of stellar ser- Russian and East European Studies has vice, Bessy moved to the Institute for given us the interdisciplinary focus and Shipboard Education, where she now administrative strength to carry out pro- works with Semester at Sea. She continues ductive programs. to work with the Center in helping arrange The LL.M. Program for Foreign Law our summer Law at Sea Program. Perhaps Graduates continues to grow in quality, indicating how valuable Bessy was, she has even with the intentional limit on quan- been replaced by three persons. Gina Clark tity provided by a fifteen student cap for CILE staff: Gina Clark, Secretary; has come to the Center from the each class. The Class of 2002 was by far SaraWerner, Assistant to the Director; University’s Office of International Ser- the strongest yet, with two summa cum Mark Walter, Assistant Director; vices. Sara Werner has joined us as Assistant laude graduates and one magna cum laude Ronald A. Brand, Director 1 to the Director, taking care of the daily graduate. Fulbright, Muskie, and Ron needs of students and providing valuable Brown Fellows bring special skills and in- organizational skills to the office. Mark tellectual stimulation to the class, and the Contents Walter has become Assistant Director, fo- support of the Alcoa Foundation and cusing primarily on our cooperative Franklin West, Inc. continues to help schol- programs with foreign law faculties, as well ars who otherwise would be unable to join Sales Convention Symposium........2 as teaching a course on Comparative Com- a U.S. LL.M. program. Valuable intern- mercial Law as an Adjunct Professor. These ships offered by major law firms and Cooperative Programs Expand.......4 changes indicate the growth of Center pro- corporate legal departments have added grams as well as efforts to better serve practical training to the academic experi- English for Lawyers Goes Global....7 students seeking skills in international and ence of each LL.M student. comparative law. On the J.D. front, the Certificate Pro- LL.M. Class of 2003.....................12 The second indicator of growth is in gram in International and Comparative Faculty, Students, and cooperative programs. Articles below cata- Law continues to grow. The second year Alumni News................................14 logue the State Department-funded of our Law at Sea program again saw a exchanges with the law faculties at the Uni- grand tour of European legal institutions, Symposium versity of Belgrade, Donetsk National with next year’s program offering similar Registration Form.........................19 University, the University of Pristina, and opportunities in the Pacific region. In- the International Relations Institute at Tara creased study abroad during the academic Shevchenko Kyiv University. The Donetsk year, either in our formal exchange with and Belgrade programs have had a signifi- Bucerius Law School in Hamburg, Ger- sium set for February 7, 2003 builds cant impact on students, faculty, and others many, or at other law schools chosen by on Pitt’s pre-eminent position in CISG at the School of Law, and we believe we the students, has broadened legal educa- scholarship. are serving our partner institutions well in tion opportunities for many. We remain excited about what the Cen- developing curricula that will promote the Programs open to community remain a ter can offer the School of Law, its students rule of law in transition societies. The ad- strength of the Center. The 2002 McLean and alumni, and the community in gen- dition this year of projects in Kiev and Lecture on World Law by Judge Fausto eral. We hope you will join in this Pristina provide further opportunity to Pocar of the International Criminal Tribu- excitement as you share the developments develop Center outreach and build on nal for the Former Yugoslavia continued recorded on these pages, and we invite you strong relationships. The Center has es- the tradition of excellence in that series, to contact us with expressions of interest tablished a strong track record in working just as the U.N. Sales Convention sympo- in any of our programs. SALES CONVENTION SYMPOSIUM SCHEDULED FOR FEBRUARY 7, 2003 On Friday, February 7, 2003, many of the sity, Dallas, Texas), and Claude Witz (Univer- world’s most respected international commer- sity of the Saarland, Germany). cial law scholars will gather at the School of Commentators will include Pitt Law Profes- Law for a conference on the United Nations sor Ronald A. Brand, Joseph Lookofsky Convention on Contracts for the International (University of Copenhagen, Denmark), Maria Sale of Goods. The Pittsburgh conference and del Pilar Perales Viscasillas (Universidad Carlos a resulting book will expand upon exciting re- III, Madrid, Spain), Alejandro Garro (Colum- cent work of the United Nations Commission bia University, New York), John E. Murray, Jr. on International Trade Law (UNCITRAL). (Duquesne University, Pittsburgh), Michael UNCITRAL has commissioned five Sales Bridge (University College, London, United Convention scholars to develop a digest of all Kingdom), Johan Erauw (Faculeteit de cases interpreting the Sales Convention. Each Rechtsgeleedheid, Belgium), Henry Gabriel of these Digest authors will present his research (Loyala University, New Orleans), Filip DeLy at the conference, followed by commentary by (Erasmus University Rotterdam, The Nether- other scholars. lands), Paul Volken (University of Fribourg, Professors Harry Flechtner, Pitt Law Professor Harry Flechtner is one of Switzerland) and Peter Sarcevic (University of Ronald A. Brand, and Vivian Curran the five UNCITRAL Digest authors. The oth- Zagreb, Croatia). The luncheon keynote ad- ers are Professor Franco Ferrari (University of dress will be given by Pitt Chancellor Mark This has included important symposia on the Bologna, Italy), who will also teach a Pitt Law Nordenberg. Sales Convention in 1987 and 1997, both pub- course in the Spring 2003 term on Uniform Through its Journal of Law and Commerce lished in the Journal. Information on the Sales Law and Forum Shopping, Ulrich and the scholarship of its faculty, students, and upcoming conference and the availability of Magnus (University of Hamburg, Germany), alumni, the School of Law has become a ma- CLE credit is available on the Center website at Peter Winship (Southern Methodist Univer- jor source of Sales Convention scholarship. www.law.pitt.edu/cile. 2 BOOKS AND ARTICLES PUBLISHED BY FACULTY AND ALUMNI ON THE U.N. SALES CONVENTION CILENotes 2002 Harry Flechtner SALES, LEASES AND ELECTRONIC COMMERCE: The U.N. Sales Convention (CISG) and PROBLEMS AND MATERIALS ON NATIONAL MCC-Marble Ceramic Center Inc. v. University of Pittsburgh School of Law AND INTERNATIONAL T RANSACTIONS (2d ed., Ceramica Nuova D’Agostino, S.p.A.: The David J. Herring, Dean West Group 2000) (with John E. Murray, Eleventh Circuit Weighs in on Interpretation, Jr.) (accompanied by TEACHER’S MANUAL) Subjective Intent, Procedural Limits to the Convention’s Scope, and the Parol Evidence Center for International Legal Education SALES, LEASES AND ELECTRONIC COMMERCE: Rule, 19 JOURNAL OF LAW & COMMERCE Ronald A. Brand, Director PROBLEMS AND MATERIALS ON NATIONAL 259 (1999) Mark Walter, Assistant Director AND INTERNATIONAL TRANSACTIONS (West The Several Texts of the CISG in a Decen- Sara Werner, Assistant to the Director Publishing Co. 1994) (with John E. Murray, Jr.) (accompanied by TEACHER’S tralized System: Observations on the Gina Clark, Secretary MANUAL) Uniformity Principle in Article 7(1) of the U.N. Sales Convention, 17 JOURNAL OF LAW Please direct all correspondence to: Remedies under the CISG and Limits to their & COMMERCE 187 (1998) Uniform Character, Chapter 2 of THE IN- Center for International Legal Education TERNATIONAL SALE OF GOODS Another CISG Case in the U.S. Courts: Pit- School of Law REVISITED (Peter Sarcevic and Paul falls for the Practitioner and the Potential for University of Pittsburgh Volken, eds.; Kluwer, 2001) (with Johan Regionalized Interpretations, 15 JOURNAL OF LAW & COMMERCE 127 (1995) 318 Law School Erauw) 3900 Forbes Avenue Recovering Attorneys’ Fees as Damages under More U.S. Decisions on the U.N. Sales Con- Pittsburgh, PA 15260 the U.N. Sales Convention (CISG): The Role vention: Scope, Parol Evidence, “Validity” and Reduction of Price under Article 50, 14 153- Phone: 412-648-7023 of Case Law in the New International Com- mercial Practice, with Comments on Zapata 76 (1995) Fax: 412-648-2648 Hermanos v. Hearthside Baking, 22 NORTH- E-mail: [email protected] WESTERN J. INT’L L. & BUS. (forthcoming, Arbitration and Contract Formation in In- Web Site: http://www.law.pitt.edu/cile 2002); draft posted on Web at http:// ternational Trade: First Interpretations of the www.cisg.law.pace.edu/cisg/biblio/ U.N. Sales Convention, 12 JOURNAL OF LAW flechtner4.html#iv. & COMMERCE 239-260 (1993) (with R. Brand), reprinted in 6 INTERNATIONAL Editorial analysis of Articles 40 and 46 of Scott D. Slater, Overcome by Hardship: The QUARTERLY 1 (1994) the U.N. Convention on Contracts for the Inapplicability