The Libyan Revolution

The waves of civil disobedience and uprisings that would sweep the Arab world began in Tunisia with reaching repercussions that would culminate in the death of the erstwhile Leader of Libya, Muammar Gaddafi. A plethora of issues have arisen with various commentators expressing a myriad of opinions on concepts such as human rights, rule of law and national sovereignty. Muammar Gaddafi had been in power for 42 years and while some regard him as being belligerent and an autocrat, others view him as a leader and champion of Africa. Only a few years ago he was sitting to discuss with the President of the United States Barack Obama and a week ago was murdered in cold blood without so much as a trial. The series of events that would later be tagged as the Arab spring is certainly one of great implications.

This is further emphasised in the timeline of events that trail the civil war in Libya. Following the wave of riots and unrest, the United Nations passed a resolution allowing a NATO led military intervention in Libya which has resulted in the arming of civilians and ultimately the deposition and death of Muammar Gaddafi. The African Union has often been criticised as being ineffectual and lacking in dealing with issues as they affect the continent. It recently came under fire from the pan African parliament where the interference of the west in settling the civil unrest in Libya was viewed as an indication of the ineptitude of the African union. Analysts contend that the overlooking of the African Union original road map for resolving the Libyan civil war by the west shows a disregard for the sovereignty and institution of the African Union. General rumblings suggest economic and political motivations as being the real reason behind the western intervention of Libya. The New York Times article by Scott Shane October 28 2011 sports a title that reads 'West Sees Libya as Ripe at Last for Businesses'. It reports that barely a week after Gaddaffi's death, a delegation from 80 French companies arrived in Tripoli to meet officials of the Transitional National Council, the interim government. The British defence minister, Philip Hammond, was quoted as urging British companies to “pack their suitcases” and head to Tripoli. 

The true effects are left to be seen in the aftermath of the civil war as ideologies and concepts on political integrity sovereignty and global co-operation remain vague at most.

The Interminable CIF Question.

The FOB (free on board) and CIF (cost insurance freight) are among some of the oldest and frequently used trade terms in international sales contracts and domestic trade. The underlining functions of these concepts is to establish the nuances of risk and ownership between the buyer and seller. Under the CIF a seller is responsible for the supply of goods that match the description in the contract, insuring and shipping same to the port of consignment. The buyer undertakes to pay against the tender of the necessary documents and not the delivery of goods at the port of delivery, as such the seller's duty is completed upon the tender of the requisite document to the buyer. Scrutton J in Arnold Karberg & Co v. Blythe, Green Jourdain & Co [1915] 2 K.B. 379 at 388 expounded on the CIF trade term saying "It is not a contract that goods shall arrive, but a contract to ship goods complying with the contract of sale, to obtain, unless the contract otherwise provides, the ordinary contract of carriage to the place of destination and the ordinary contract of insurance of the goods on that voyage, and to tender these documents against payment of the contract price". Inference may be drawn from this judicial description that a seller under a [CIF] contract has to first ship at the port of shipment goods of the description contained in the contract, second to procure a contract of affreightment, under which the goods will be delivered to the destination contemplated in the contract, third to arrange for an insurance upon the terms current in the trade which will be available for the benefit of the buyer, fourth to make out an invoice and finally to tender these documents to the buyer so that he may know, what freight he has to pay and obtain delivery of the goods if they arrive, or recover for their loss if they are lost on the voyage. It follows that against tender of these documents, the bill of lading , invoice and policy of insurance the buyer must be ready and willing to pay the price. Scrutton J in the above case said that a CIF sale is not a sale of goods but a sale of documents relating to goods. While in a business perspective it may be regarded as a contract for sale of goods but certain arguments avail that it is a sale of documents.

This view was rejected by Bankes and Warrington Ljj in the court of appeal as they declared that a CIF contract is contract for sale of goods to be performed by the delivery of documents. Kerr J. also posited that it is an anathema to oversimplify a CIF contract as merely a sale of documents. However, Scrutton J's statement cannot be totally disregarded as a bundle of rights and liabilities are attached to the document tendered. Though the importance of documents cannot not be denied it is imperative that their importance be emphasised on the strength contract of the sale of goods. The importance of the documents in CIF contracts is further illustrated by the rule that allows the seller to tender documents even after the goods they represent have been damages or lost. It seems incredulous that such a rule could exist and even if it did exist that the sale was for the goods and not the documents. If the goods were of utmost importance and were to all intents and purpose the subject matter of the contract then this rule would not exist. The documents run to the very core of the contract and the CIF contract depends on the transfer of the documents which give the buyer control, and a right of disposal of the goods, and rights to recover compensation if they are damaged due to the default of the carrier or due to some insured peril it is concluded that this is fact a sale of documents. It seems impossible to argue otherwise than that a CIF is a sale of documents when we consider that the documents are key to all elements of the contract and they are central to shaping the parties duties, defining when risk passes, and determining the condition of the goods. It is these documents on which the entire contract is based.

Starting off in Newcastle

My name is Israel Akande and I am currently a student of International Trade Law LLM in Northumbria University Newcastle. I was born and raised in Nigeria, a beautiful oil rich country that is located in the Western part of Africa. I finished my secondary education at Gray's College and obtained an LLB (HONS) degree in law from the University of Lagos Nigeria and completed my Bar qualification exams soon after. I am a barrister and solicitor of the Supreme Court of Nigeria. I am the eldest of two children and my family live in Nigeria.
I like to think of my self as a highly motivated person who is kind and considerate, I loathe cruelty and violence. In my leisure time, I enjoy Neo-soul music, poetry and football.
I chose to study International Trade Law as it is a huge industry in my country and there is a lot of potential for growth and development. I like the intrigues of trying to broker deals and contracts that need peculiar attention to detail and as such the choice of an LLM in International Trade Law seemed obvious.
I love the city of Newcastle as it is removed from the vulgarity that comes natural to big cities and is a lovely place to explore and experience. The people are friendly, cordial and incredibly polite. I am very pleased with my choice of a place to study.
I aspire to be the best LLM student from Northumbria and look forward to enjoying the experience of starting off the course and living in Newcastle.