Dr. Boris Kozolchyk

President & Executive Director
Telephone: 
(520) 740-9789
Facsimile: 
(520) 628-9213

Dr. Boris Kozolchyk, Founding Director & Director of Research, at the National Law Center for Inter-American Free Trade (NLCIFT) and Evo DeConcini Professor of Law at the James E. Rogers College of Law at the University of Arizona has over 40 years of experience working in areas and issues related to international, banking and commercial law.  He has extensive experience as an advisor and team leader to governments and international organizations. Dr. Kozolchyk is an internationally recognized expert and scholar in commercial and international law, specializing in banking law and practices, secured transactions and registries, letters of credit, and other instruments of commerce.

Education

  • S.J.D. (Ph.D. equivalent degree) University of Michigan School of Law, Ann Arbor, Michigan (1966); Doctoral Dissertation: “Commercial Letters of Credit, A Comparative Study;” Professor Hessel E. Yntema, S.J.D., Committee Chairman.
  • Master’s Degree in Comparative Law (LL.M.), University of Michigan School of Law, Ann Arbor, Michigan (1960).
  • LL.B Degree, University of Miami School of Law, Miami, Florida, Top Student Award (September 1956 ‑ June 1959).
  • Diplôme de Droit Compare, Faculté International de Droit Compare, Luxembourg (1958).
  • Doctorate in Civil Law, University of Havana, Havana, Cuba (September 1951 ‑ June 1956); Doctoral Dissertation: “El Juicio de Socrates,” Prof. Antonio Sánchez de Bustamante y Montoro, Chairman of Dissertation Committee.

Timeline of Professional Work Experience

  • Evo DeConcini Professor of Law, James E. Rogers College of Law, 1998 - present
  • President and Director of the National Law Center for Inter-American Free Trade, Tucson, Arizona, April 1992 - present
  • Professor of Law, University of Arizona College of Law, 1969 - 1998
  • Visiting Professor, University of Aix en Provence, France, Summer 1985
  • Distinguished Bailey Visiting Professor and Tucker Lecturer, Louisiana State University, Spring 1979
  • Visiting Professor of Law, University of Costa Rica School of Law, 1967 - 1969
  • Director of Law Reform Project, USAID, San José, Costa Rica, 1967 - 1969
  • Resident Consultant, RAND Corporation, Santa Monica, California, 1964 - 1967
  • Guest Lecturer, Extension Graduate Seminar on Latin American Law, UCLA, Spring 1965
  • Guest Lecturer, Latin American Law Seminar, Stanford University, Spring 1964
  • Visiting Exchange Professor of Law, National University of Chile, Santiago, Chile, Summer 1962
  • Visiting Professor of Law, National University of Mexico, Summer 1961
  • Assistant Professor of Law, Southern Methodist University School of Law, 1960 - 1964
  • Teaching Assistant, Faculte Internationale de Droit Compare, Luxembourg, 1958
  • Teaching Assistant, University of Miami School of Law, 1957 - 1959

Career Milestones

Kozolchyk’s Early Career: The Contextual Comparison: Positive Law and Living Law, Business and Legal Cultures and Archetypes of Commercial and Legal Behavior

His book Commercial Letters of Credit in the Americas, published in 1966, prompted Henry Harfield (then United States’ leading letter of credit practitioner and author) to refer to it as the best book (on letters of credit) in or out of the Americas. As noted by Harfield, this book was the first to compare United States’ and other representative nations’ letter of credit laws as well as everyday banking practices.  With time, this comparison deepened and Kozolchyk’s analysis of the written or “positive” and living law of commercial contracts included dominant features of business and legal cultures as apparent in values and attitudes, especially with regard to commerce and the protection of the rights of third parties.   His understanding of the socio-economic forces that shape contemporary commercial and banking law enabled his drafting of harmonized commercial and banking laws in more than a dozen common and civil law countries. It also facilitated his ability to compile and select those commercial and financial practices worthy of international customary law enactments such as the Uniform Customs and Practices for Documentary Credits (UCP 500, 1993).   

In some of his comparisons, Kozolchyk noticed how some outstanding jurists such as Rome’s Ulpian used archetypal or model contractual behavior when determining how a contracting party’s discretionary powers were properly exercised.  One of the Roman jurist’s favorite archetypes was the “respectable man of affairs” (Bonus Vir).  Many centuries later the German Commercial Code of 1897 relied on the “honest and proper merchant” (Ordentlicher Kauffman) to discern how discretionary as well as unspecified contractual duties should have been performed.  Unlike the archetypal behavior of the French Code Civil’s “Good Father of Family” (Bon Pere de Famille) which was applied to merchants and non-merchants alike, the German archetype was distinctly commercial.  Aware of the need for a realistic banking archetype in the determination of when letter of credit documents had complied with the terms and conditions of the letter of credit, Kozolchyk proposed in his 1990 article Strict Compliance and the Reasonable Document Checker that banks and courts alike rely on the archetypal behavior of a knowledgeable, honest, and respected banker, acting as the checker of documents and paymaster of the letter of credit, the Reasonable Document Checker. This was not an arbitrary standard because the practices could be discerned in the manuals for the checking of letter of credit documents prepared by the most respected letter of credit bankers around the world.  

The pre-existing method of the examination of documents was supposed to be one of strict compliance of the documents tendered by the beneficiary of the letter of credit with the letter of credit specifications.  And often strict compliance was interpreted by courts as requiring a mirror image consistency between the presented documents and the specifications in the letter of credit. In practice, this method was unrealistic, impractical and led to a constantly growing number of disputes and lawsuits in important financial centers.  On the other hand, the realistic and objective nature of the standard archetypal practice was assured by their provenance (widely observed manuals of checking practices) and the future availability of periodic revisions of these practices by document checkers throughout the banking world.   

Kozolchyk showed that the most influential archetypal views on what is the reasonably expected contractual behavior usually take into account (1) the expectations of regular participants in the same transaction especially when these participants act interchangeably with the other regular participants. This was the case with the banks that issue, confirm, negotiate or pay on letters of credit. For it is inherent in the international letter of credit business that it can best be conducted by correspondent banks. Thus, the same banks that at times act on behalf of applicants for the credit at other times act on behalf of beneficiaries or of intermediary banks.  This interchangeability requires that when checking letter of credit documents, an issuing bank instinctively places itself in the shoes of its confirming, negotiating or paying bank, for it was only too likely that their next transaction would be as a confirming, negotiating or paying bank.   In addition, archetypal views also take into account (2) the expectations of those participants who find it necessary to entrust their assets to others acting as their fiduciaries and who possess a superior knowledge of the transaction or a stronger bargaining power.  Finally (3), the archetypal view also takes into account the manner in which the business interests of parties who are not regular participants in the transaction are affected by the transaction in question and then it reasonably tries to minimize these adverse effects.    When the practices are those of scenario (1), the expected archetypal behavior is of equal treatment.  The expectation with respect to the practices of scenario (2) is of a “brotherly” treatment. The entrusted fiduciary is expected to behave like an older and caring brother to the entrusting and dependent party.  The good faith and reasonableness expected from such a party is Justice Benjamin N. Cardozo’s “punctilio the most honorable” and his good faith must be the highest known to commercial man (Uberrima Fides).  In this analysis, the best practice differs from the standard practice because  it takes into account not only the expectations of equally situated regular participants in the transaction, but also of those who entrust their assets to others and of third parties whose interests are affected unfairly by standard practices, such as for example, broadly gauged disclaimers of liability.   

Although renamed as the “International Standard Banking Practice,” Kozolchyk’s Reasonable Document Checker standard was adopted by UCP 500 in 1993.  It was also adopted by the United Nations Convention on Independent Guarantees and Standby Letters of Credit (1995),[5] by Article 5 of the Uniform Commercial Code of the United States (1995), by UCP 600 (2007) and by numerous national laws, regulations and court decisions.   The ICC facilitated the uniform application of this standard by undertaking  successive revisions of what is now a worldwide international standard banking practice for commercial letters of credit  (ICC No. 645 of  2007 and 2013) and for standby credits  (ISP98 and ICC 590 of 1999).   The international observance of this standard has avoided much costly and unnecessary litigation throughout the financial and trading world.    

Kozolchyk’s Role in the Promotion of Comparative Commercial and Banking Law as a Tool for Economic Development

After four years of teaching and directing the comparative law program at the Southern Methodist University School of Law, Kozolchyk joined the RAND Corporation in 1964 as a resident consultant and researcher.   RAND’s renowned interdisciplinary approach to socio-economic and political analysis afforded him a unique opportunity to explore the use of commercial law as a tool for economic development.  His RAND study Law and the Credit Structure of Latin America (1966) identified legal and cultural obstacles to the availability of commercial and consumer credit at reasonable rates of interest in selected Latin American countries. It suggested the need for reform of the positive law as well as the adoption of commercial and legal practices more conducive to the facilitation of this credit.

This study was read by the late Dean Carlos Jose Gutierrez of the University of Costa Rica Law School who was also an influential member of the Costa Rican congress and a believer in the need to use the law, positive and living, as an essential tool in Costa Rica’s economic development. He had a sympathetic interlocutor in William Skidmore, the lawyer for the United States Agency for International Development (USAID) in charge of Central America law and economic development projects. Jointly, the University of Costa Rica and USAID (ROCAP) offered Kozolchyk the directorship of the Law Reform Project for Costa Rica and Central America (Proyecto de Reforma Juridica 1967-69).

This project involved interdisciplinary law and economic development studies. It also involved the writing of a commercial law textbook with Costa Rica’s highly respected Professor Octavio Torrealba as well as recommendations for future statutory, administrative and judicial reforms. The Proyecto’s three inter-disciplinary studies were on (1) Costa Rica’s industrialization Law and its reliance on import- substitution policies; (2) law and private corporate capital formation; and (3) law and access to commercial credit at reasonable rates of interest. All these studies yielded important data that was subsequently used in legislative and judicial reforms.

Among the important information yielded by the credit study was why a totally coercive version of legal certainty by incarcerating defaulting debtors (under the guise of their disobedience of contempt of court citations) failed to provide legal certainty and accessibility to commercial and consumer credit.  In fact, very few debtors were incarcerated because as stated by one of their supposed jailers:  in this country, everybody is overdrawn in his credit obligations, from the president to the judges who issue the contempt of court citations. Another important datum was the inappropriateness of the collateral as a source of repayment.  Creditors looked exclusively to real property and to the debtors’ personal liability as their source of repayment. Thus asset based lending did not exist and neither was there a functional system of notice that commercial creditors and third parties could rely on.  

By identifying the reasons for the failure of the Costa Rican legal system to help with the most basic chores of economic development, the Proyecto planted the seeds of future reforms for Costa Rica and other developing nations.  When Kozolchyk returned to Costa Rica forty-five years later to help Costa Rican jurists draft Costa Rica’s law of secured transactions, some of his former students and research assistants who had become justices of the Supreme Court, high government officials, legislators, distinguished legal practitioners and law professors.  Contemporary Costa Rican law students continued to study with the Kozolchyk and Torrealba textbook and thus were constantly reminded of the need to conform Costa Rica’s positive law to the best commercial and financial living law practices. As noted in the recent dedication of Professor Victor Perez Vargas is the Editor in Chief of Costa Rica’s Supreme Court Law Review. In Professor Vargas’ book Case Law for the Study of Private Law (Jurisprudencia Para el Estudio del Derecho Privado) she gave the following dedication: “to Professor Kozolchyk: this book exists because you taught us how to study the living law of the courts” (Para el maestro don Boris Kozolchyk.  Este libro existe gracias a Usted que nos enseño a estudiar el Derecho viviente de los Tribunales).

Making Laws and Selecting Best Practices for the Implementation of NAFTA

In 1969, Kozolchyk joined the James E. Rogers College of Law of the University of Arizona as a law professor. After teaching courses on commercial and comparative law and on jurisprudence for 22 years, he took a two year leave of absence in 1991 to represent the USCIB at the ICC as one of the draftsmen of UCP 500.  He was also appointed as a member of the United States Delegation to the United Nations Commission on International Trade Law (UNCITRAL) where he participated in the drafting of the United Nations Convention on Independent Bank Guarantees and Standby Letters of Credit.  Meanwhile, the North American Free Trade Agreement (NAFTA) among Canada, Mexico and the United States was about to be ratified by the member countries.   

Anticipating the need for harmonization of commercial laws and practices in the NAFTA region, Kozolchyk proposed the creation of three national research and drafting centers (one for each of the NAFTA countries); they would be responsible for the uniformity or harmonization of commercial laws and practices in the NAFTA region. The centers so designated were: The Faculte de Droit at the University of Ottawa, the Instituto de Investigaciones Juridicas of Mexico’s National University (UNAM) and the National Law Center for Inter-American Free Trade (NLCIFT).  

As large streams of payments started to flow across NAFTA’s national borders, the need for uniform or harmonized practices on the deposit and collection of checks became quickly apparent.  Accordingly, the NLCIFT jointly with the Canadian, Mexican and United States banking associations drafted guidelines for the deposit, endorsement, clearing and return of checks (1993).  It also drafted or coordinated the drafting of, among others: The NAFTA Truck Standard Transportation Practices (NASTRAPS) (1992-2000); The Standards for the Qualification of Real Estate brokers in Arizona and Sonora 1992-1996); and A Manual of Labor Laws and Practices of the Mexican Maquila (transformation industries) (1997). Also as part of this NAFTA implementation phase, the NLCIFT coordinated and participated in the drafting of the Organization of American States’ Inter American Convention on the Law Applicable to International Contracts (1993).

Secured Transactions Laws as Tools for the Economic Development of the Americas and Beyond

Kozolchyk’s work with the NLCIFT on the uniformity or harmonization of everyday commercial and financial practices in the NAFTA region soon was absorbed by the larger task of encouraging economic development by increasing the availability of commercial secured credit at reasonable rates of interest in Mexico and subsequently in Latin America and other development regions of the world.  While Canada and the United States had access to such a credit, Mexico did not.  In the absence of such a credit, critical sectors of Mexico’s economy, such as its transformation industry (maquilas) or its agricultural sectors, were prevented from competing with entities that had access to such a credit. On a temporary basis,  and until Mexico could enact the necessary changes to its laws and regulations on secured transactions,  the NLCIFT encouraged banks situated in United States border states to lend to Mexican maquila industries and exporters of agricultural products by relying on collateral located in the United States and subject to Article 9 of the UCC.  

The following are two illustrations of how that financing worked.  A Mexican owner and operator of warehouses (O) he leased to United States manufacturers (M) applied to Mexican banks for a construction loan that would enable him to build two more warehouses needed by M and it had agreed to occupy once built.  M’s written commitment to lease the future premises was for a number of years and for rental fees that were demonstrably quite profitable to O.  O tried to obtain loans from Mexican banks and the lowest interest rate they had offered him was 35% per annum.  These banks did not accept the present or future leases as collateral, neither did they accept O’s contract rights or rights in receivables owed by M.  They only accepted real property mortgages as collateral on the existing warehouses and O’s personal liability as a principal obligor on the loan.  Kozolchyk and the NLCIFT suggested to O that he considered assigning his present and future leases, contract rights and accounts receivable to a Tucson, Arizona based subsidiary (O.1) and use it as collateral with United States banks located in Tucson, Arizona. Contrary to the Mexican construction loan, United States banks were willing to accept the lease obligations, contract rights and accounts receivable located in Arizona as collateral for a line of credit secured by Article 9 of the UCC and at a 7% per annum rate of interest.  Not surprisingly, such a line of credit enabled him to build a number of additional warehouses. Within three years following the new construction, the number of O’s employees had doubled from 7,000 to 14,000.   

The NLCIFT also assisted in making similar lines of credit available to Mexican exporters of agricultural products, big and small.  As with the maquila’s leases and accounts receivable, the lines of credit to the Mexican and Sinaloan growers were made possible by storing the exported products in bonded warehouses located in Nogales, Arizona.  The collateral for these lines of credit relied on by United States banks were the negotiable warehouse receipts issued by these warehouses, which were also subject to Article 9 of the UCC.  This method of financing provided credit not only to large and medium sized Mexican exporters but also to small ones who typically entered into agreements with the larger ones to sub-lease their reserved spaces in the United States warehouses.   

These experiences helped the NLCIFT convince the then Mexican Ministry of Commerce and Industrial Development  (SECOFI) of Mexico’s need to enact an up-to-date  law of secured transactions accompanied by an equally modern registry of security interests in business assets.  Hence, from 1996 to 2000, a drafting team comprised of Lic. Francisco Ciscomany, an attorney for SECOFI, John Wilson Molina, Esq. (a former student of Kozolchyk’s and subsequently an NLCIFT staff attorney) and Kozolchyk prepared a draft for the consideration of SECOFI and of other Mexican government agencies. After several revisions, this draft became Mexico’s and Latin America’s first asset based, secured transactions law.

Meanwhile, in 2002, Kozolchyk as part of the United States delegation to the OAS acted as the chief drafter of what became the OAS Model Inter- American Law on Secured Transactions. It was adopted unanimously by the OAS and shortly thereafter, member nations started enacting their versions of the model law.  Accordingly, Peru, Guatemala, Honduras, Mexico, Chile, Costa Rica, El Salvador and Colombia enacted versions that varied in their closeness to the model law. Eventually, some of the most deviant versions such as those from Mexico, Peru, Chile and El Salvador underwent or are undergoing revisions intended to bring them closer to the OAS Model Law.       

The overall success of the Model Law and its progeny has become apparent.  In a very poor country such as Honduras prior to the enactment of the law the number of filed secured loans in the registry of Tegucigalpa was of a few dozen per month and their collateral was mostly automobiles and trucks. Since the enactment of the law, the average of monthly filings in that registry has been five hundred and they include business vehicles, office and professional equipment,  contract rights, accounts receivable, and, most importantly for agricultural loans,  growing crops. Prior to the law only the owners of the land could pledge their crops as collateral. Presently, any legitimate possessor of the land can.        

Meanwhile, Colombia and Mexico have continued to see their annual monthly filings grow and at least one tenth of Colombia’s  growth in its 2014 GDP of 5.1% (the most impressive in the Americas) according to a World Bank economist attributable to the eased access to commercial and consumer credit. In a recent report from Colombia’s ministry of economy, since the introduction of the collateral registry, some 960,000 filings had been completed.  While approximately 50% of these filings were related to converted filings from the prior system, 50% are new filings.  Of these filings only 45% are related to collateral that is classified as vehicles and the others are related to new types of loans.

Additionally, for the last five years, Kozolchyk and the NLCIFT, as part of its membership in the International Financial Corporation’s Global Alliance, has made considerable progress in introducing secured lending laws and registry regulations in African and Asian nations. Under the direction of its world renowned expert Dr. Marek Dubovec (a former Kozolchyk student), Ghana adopted its Registry Regulations in 2012 to support the newly created Collateral Registry – a first of its kind in Africa. In June 2014, Liberia launched its own Collateral Registry that is also supported by a set of regulations drafted with the assistance of Dr. Dubovec. The NLCIFT is currently working on a number of projects in Africa, including in Malawi, Nigeria, Sierra Leone and Zambia that are making swift progress towards establishing their own registries.  

Similarly, the NLCIFT has become a leader in the training of Latin American judges in “oral” or adversarial and fact oriented commercial and criminal trials which promise not only to improve the predictability of court decisions but also to make these trials transparent and thereby diminish the presence of corrupt practices. In Mexico alone, 3000 judges and clerks have been trained under the Oral Trial and Advocacy Skills Training Program of the NLCIFT.

Honors and Awards

Professor Kozolchyk holds the Evo DeConcini Professorship at the James E. Rogers College of law; he is also the recipient of Doctorates Honoris Causa from the Universidad Privada Antonio Gillermo Urrelo of Peru, from the Universidad Mayor de Santiago de Chile and holds a Permanent Professorship Honoris Causa from the Shanghai University of Business and Economics. He has been a Distinguished Visiting Professor of Law and Bailey Lecturer in Residence at Louisiana State University’s Law Center, and also a Distinguished Visiting Professor at the Universidad Carlos III, Madrid, Spain and at the Escuela Libre de Derecho of San Jose Costa Rica.  He is a Former President of the International Academy of Commercial and Consumer Law and was honored by the American Bar Association with the James Theberge Prize for his extraordinary contributions to private international law. He has received commendations for the extraordinary merit of his teaching and research by the University of Costa Rica and for his work as a member of the United States delegation to UNCITRAL and the Organization of American States, from the Legal Advisor’s Office of the United States Department of State. He is the recipient of the Medal Ignacio Vallarta for his comparative legal scholarship by the Mexican Instituto de Investigaciones Juridicas of the Universidad Nacional Autónoma de México, scholarly contributions and the Bi-National Jose Luis Siqueiros Award of the United States Mexican Bar Association. Two buildings have been named after him: the award winning headquarters of the NLCIFT in Tucson, Arizona, and the Legal Research Building at the Instituto Tecnologico de Monterrey Campus de Guadalajara.  Kozolchyk’s book Commercial Letters of Credit in the America’s received the Best Book Award by the Inter American Bar Association and its Spanish translation received a similar award by the Spanish Instituto de Cultura Hispanica. His latest book, Comparative Commercial Contracts-Law, Culture and Economic Development has been nominated for the COIF bi-annual award, the most prestigious for scholarly books published in the United States. 

Publications

Books 

  • Comparative Commercial Contracts: Law, Culture and Economic Development, West Academic Publishing (2014);
  • Latin American Company Law:  A Comparative and Economic Development Perspective Vol. 1 (2013) (co-editor, with Francisco Hernando Reyes & author of Introduction xxiii and Invigorating Micro and Small Businesses through Secured Commercial Credit in Latin America: The Need for Legal and Institutional Reform, Chapter 1 (co-author, with Cristina Castaneda)).
  • La Contratación Comercial En El Derecho Comparado (2006).
  • Transparency and Truth in Latin American Banking (2001) (co-editor, with Mina Goldberg, Billie Kozolchyk, & Timothy Baker, and author of Forewordxxi).
  • United States Law of Trade and Investment (2001) (co-editor, with John F. Molloy, & author of Dedications and Acknowledgments v, Introduction I-1 (co-author, with John F. Molloy), Chapter 1, Law of the U.S. in Comparative-Legal Reasoning-PerspectiveChapter 22, Negotiable Instruments and Bank Deposits and Collections, and Chapter 24, Commercial Letters of Credit).
  • Harmonization of the Secured Financing Laws of the NAFTA Partners:  Focus on Mexico (1998) (co-author, with Todd C. Nelson).
  • El Derecho Comercial ante el Libre Comercio y el Desarrollo Economico(1996).
  • Transportation Law and Practice in North America (1996) (co-author, with Gary T. Doyle & Martin Gerardo Olea Amaya).
  • Labor Law Enforcement in Mexico and the Role of the Federal and State Conciliation and Arbitration Board (1994) (editor & author of The Spirit of Mexico's "New" Labor Law).
  • Making Things Work: Transportation and Trade Expansion in Western North America (1993) (co-author, with Martin Gerardo Olea Amaya & Gary T. Doyle).
  • Making Free Trade Work in the Americas (1993) (editor & author of NAFTA's Continuous Commercial Legal Highway 5 and Introduction to the Guidelines for the Clearing and Return of Checks between Canada, the United States and Mexico 340).
  • Curso de Derecho Mercantil (1974) (co-author, with Octavio Torrealba).
  • International Commercial Transactions:  Cases and Materials (1974) (co-author, with Victor Folsom).
  • El Credito Documentario en el Derecho Americano:  Un Estudio Comparativo[Spanish translation of Commercial Letters of Credit in the Americas:  A Comparative Study of Contemporary Commercial Transactions] (1973).
  • Letters of Credit (Vol. IX, Chap. 5 in the International Encyclopedia of Comparative Law (monograph)) (1973).
  • Curso de Derecho Mercantil: Texto y Material de Estudio (1971) (co-author, with Octavio Torrealba).
  • Curso de Derecho Mercantil: Texto y Material de Estudio (1969) (co-author, with Octavio Torrealba).
  • Law and Consumer Credit in Costa Rica:  Preliminary Draft (1969) (co-author, with Foster Knight & Renate Rausch).
  • Legal Aspects of the Acquisition of Major Weapons by Six Latin American Countries, RM-5349 ISA (Rand Corporation, July 1967; revised January 1968).
  • Curso de Derecho Mercantil: Texto y Material de Estudio (1968) (co-author, with Octavio Torrealba).
  • Legal Foundations of Military Life in Columbia, RM-5172 PR (Rand Corporation February, 1967).
  • Jurisprudencia Mercantil 1900-1966 (1967).
  • Commercial Letters of Credit in the Americas:  A Comparative Study of Contemporary Commercial Transactions (1966).
  • Law and the Credit Structure in Latin America, RM-4918 (Rand Corporation March, 1966).
  • The Political Biographies of Three Castro Officials, RM-4994 (Rand Corporation, May 1966).
  • Guide to the Law and Legal Literature of Columbia in Matters of Interest to Economists and Political Scientists (Rand Corporation, September 1966).
  • The Mexican Civil Code of 1932 (1963) (translation, with Dominic Perenzin & William Headrick).

Articles in Books 

  • On Letters of Credit, in Commercial Letters of Credit (2d ed. 1991).
  • La Etica y la Dinamica del Derecho Comercial, in Essays in Honor of Julio Cueto Rua ___ (1986).
  • Morality and the Dynamics of Commercial Law, in Commercial and Consumer Law from an International Perspective 15 (Donald B. King ed., 1986).
  • Some Thoughts on the U.S. Recognition of and Cooperation with the Castro Regime, in United States Policy Towards Latin America (Lewis A. Tambs ed., 1976).

Articles 

  • Comparative Commercial Law and the NLCIFT Methodology for Economic Development, 30 Ariz. J. Int’l & Comp. L. 65 (2013);
  • Drafting Commercial Practices and the Growth of Commercial Contract Law, 30 Ariz. J. Int'l & Comp. L. 423 (2013).
  • Implementation of the OAS Model Law in Latin America:  Current Status, 28 Ariz. J. Int'l & Comp. L. 1 (2011).
  • Invigorating Micro and Small Businesses through Secured Commercial Credit in Latin America: The Need for Legal and Institutional Reform, 28 Ariz. J. Int'l & Comp. L. 43 (2011) (co-author, with Cristina Castaneda).
  • Supply Chain Financing, Straight Bills of Lading and Standby Letters of Credit, 2 Geo. Mason J. Int'l Comm. L. 100 (2011).
  • Comparative Law on a Standard Option Contract for the Purchase of Real Property and a Guide of Best contractual Practices, 27 Ariz. J. Int'l & Comp. L. 441 (2010).
  • Report on June 30 - July 1, 2009 Workshop at Instituto de Estudios Judiciales del Tribunal Superior de Justicia del Distrito Federal - Mexico City, Mexico, 27 Ariz. J. Int'l & Comp. L. 416 (2010).
  • Preparatory Reading Materials, 27 Ariz. J. Int'l & Comp. L. 349 (2010).
  • The Individual Norm in Mexican Commercial Adjudication, 27 Ariz. J. Int'l & Comp. L. 339 (2010).
  • Modernización del Derecho Mercantil: Uniformidad Internacional y Desarrollo Económico, 24 Foro de Derecho Mercantil. Revista Internacional 19 (Colombia 2009).
  • Modernización del Derecho Mercantil: Uniformidad Internacional y Desarrollo Económico, ___ Rev. Derecho Comercial ___ (Argentina 2009).
  • Modernización del Derecho Mercantil: Uniformidad Internacional y Desarrollo Económico [Modernization of Commercial Law: International Uniformity and Economic Development], eBoletin del Instituto de Derecho Comparativo 795 (2009) (Mex.) & 125 Boletín Mexicano de Derecho Comparado 795 (2009) (Mex.).
  • Modernization of Commercial Law: International Uniformity and Economic Development, 34 Brook. J. Int'l L. 709 (2009).
  • Closing Remarks (Conference - Economic Development and The Rule of Law in Latin America), 25 Ariz. J. Int'l & Comp. L. 437 (2008).
  • Secured Lending and its Poverty Reduction Effect, 42 Tex. Int'l L.J. 727 (2007).
  • Camino al Desarrollo Económico a través de la Ley: Los Terceros y la Cultura Legal Comprada, Rev. Derecho y Tribunales 51 (June 2006).
  • The OAS Model Law on Secured Transactions: A Comparative Analysis, 12 Sw. J.L. & Trade Am. 235 (2006) (co-author, with Dale Beck Furnish).
  • A Roadmap to Economic Development through Law: Third Parties and Comparative Legal Culture, 23 Ariz. J. Int'l & Comp. L. 1 (2006).
  • The Unwarranted Comeback of the FIATA Bill of Lading, 11 DCInsight __ (Apr-June 2005), reprinted in 2006 Annual Survey of Letter of Credit Law & Practice 135 (James E. Byrne & Christopher S. Byrnes eds. 2006).
  • Foreword (Symposium - Products Liability in Latin America), 20 Ariz. J. Int'l & Comp. L. vii (2003).
  • The Organization of American States' Model Inter-American Law on Secured Transactions, 36 UCC L.J. 15 (2003) (co-author, with John M. Wilson).
  • The Organization of American States: The New Model Inter-American Law on Secured Transactions, 7 Uniform L. Rev. 69 (2002) (co-author, with John M. Wilson).
  • Foreword (Meeting of OAS-CIDIP-VI Drafting Committee on Secured Transactions, November 26 - 30, 2000, Miami, Florida), 18 Ariz. J. Int'l & Comp. L. 321 (2001).
  • Foreword (Symposium - Responding to the Legal Obstacles to Electronic Commerce in Latin America), 17 Ariz. J. Int'l & Comp. L. 1 (2000).
  • Briefings: Report on the 1998 NLCIFT Banking Conference, 1 J. Int'l Banking Reg. 76 (1999).
  • The UNIDROIT Principles as a Model for the Unification of the Best Contractual Practices in the Americas, 46 Am. J. Comp. L. 151 (1998).
  • The Basis for Proposed Legislation to Modernize Secured Financing in Mexico, 5 U.S.-Mex. L.J. 43 (1997).
  • A Serious Accident Occurs in the Mexican Plant: Problems of Corporate and Product Liability, 4 U.S.-Mex. L.J. 125 (1996) (panel member).
  • Establishing an Agency or Distributorship in Mexico, 4 U.S.-Mex. L.J. 71 (1996) (panel member).
  • Highways and Byways of NAFTA Commercial Law: The Challenge to Develop a "Best Practice" in North American Trade, 4 U.S.-Mex. L.J. 1 (1996).
  • The "Best Practices" Approach to the Uniformity of International Commercial Law: The UCP 500 and the NAFTA Implementation Experience, 13 Ariz. J. Int'l & Comp. L. 443 (1996).
  • NAFTA in the Grand and Small Scheme of Things, 13 Ariz. J. Int'l & Comp. L. 135 (1996).
  • The Financial Standby: A Summary Description of Practice and Related Legal Problems, 28 UCC L.J. 327 (1996).
  • The Financial Standby Letters of Credit, 1995 Revue de Droit des Affaires Internationales 405.
  • Que Hacer Sobre la Anticuada Ley de Garantia Prendaria Mexicana, 12 Ariz. J. Int'l & Comp. L. 533 (1995).
  • What To Do about Mexico's Antiquated Secured Financing Law, 12 Ariz. J. Int'l & Comp. L. 523 (1995).
  • Towards New Customs and Practices for Documentary Credits: The Methodology of the Proposed Revision, 1993 Commercial Law Annual ___.
  • Proposed L/C Choice of Law Rules Memorandum, 8 Letter of Credit Update 22 (Oct. 1992) (co-author, with James G. Barnes & James E. Byrne).
  • National Law Center/Select Advisory Group Rules and Commentary on Standby Letters of Credit - Presentation on the Selection Devoted to the Work of the National Law Center of Inter-American Free Trade, 9 Ariz. J. Int'l & Comp. L. 361 (1992).
  • Evolution and Present State of the Ocean Bill of Lading from a Banking Law Perspective, 23 J. Mar. L. & Com. 161 (1992).
  • The Paperless Letter of Credit and Related Documents of Title, 55 Law & Contemp. Probs. 39 (1992).
  • The Immunization of Fraudulently Procured Letter of Credit Acceptances: All Services Exportacao, Importacao Comercio, S.A. v. Banco Bamerindus Do Brazil, S.A. and First Commercial v. Gotham Originals, 58 Brook. L. Rev. 369 (1992).
  • On the State of Commercial Law at the End of the Twentieth Century, 8 Ariz. J. Int'l & Comp. L. 1 (1991).
  • Can Standbys and Guarantees Be Harmonized? Report on XVth Session of UNCITRAL Group, 7 Letter of Credit Update 6 (May 1991) (co-author, with James E. Byrne).
  • On Uniform L/C Laws: Prof. Kozolchyk Offers Bridge Building Tools, 6 Letter of Credit Update 18 (May 1990) (Part 2 of 2).
  • Kozolchyk Offers Plan to Aid Harmonization of L/C Law Globally, 6 Letter of Credit Update 7 (Apr. 1990) (Part 1 of 2).
  • Strict Compliance and the Reasonable Document Checker, 56 Brook. L. Rev. 45 (1990).
  • January 19, 1989 Speech Accepting the Honor Given by the Arizona Journal of International & Comparative Law, 6 Ariz. J. Int'l & Comp. L. 1 (1989).
  • The Arias Peace Plan, International Law and Conflict Resolution in Central America: An Interview with U.N. Ambassador Carlos Jose Gutierrez, 6 Ariz. J. Int'l & Comp. L. 205 (1989).
  • A Negligence Action in Mexico: An Introduction to the Application of Mexican Law in the United States, 7 Ariz. J. Int'l & Comp. L. 1 (1989) (co-author, with Martin L. Ziontz).
  • Bank Guarantees and Letters Credit: Time for a Return to the Fold, 11 U. Pa. J. Int'l Bus. L. 1 (1989).
  • Introduction by the Conference Chairman, 1988 Ariz. J. Int'l & Comp. L. 1.
  • Living Law: An Interdisciplinary Look at Migration, Land Use, and Violence in Mexico, 1988 Ariz. J. Int'l & Comp. L. 66 (co-author, with James B. Greenberg).
  • Mexican Living Law: An Insider's View, 1988 Ariz. J. Int'l & Comp. L. 152 (interview of Raul Cervantes Ahumada).
  • Commercial Legal Relations between Arizona and Northern Mexico, 1988 Ariz. J. Int'l & Comp. L. 28.
  • Mexico's Political Stability, Economic Growth and the Fairness of its Legal Systems, 18 Cal. W. L. Rev. 105 (1987).
  • Transfer of Personal Property by a Nonowner: Its Future in Light of Its Past, 61 Tul. L. Rev. 1453 (1987).
  • Is Present Letter of Credit Law Up to Its Task?, 8 Geo. Mason U. L. Rev. 285 (1986).
  • On Predial Servitudes, Civil Law Institutions and Common Law Attitudes-Apropos of Yiannopoulos' Predial Servitudes, 59 Tul. L. Rev. 517 (1984)).
  • The 1983 UCP Revision, Trade Practices and Court Decisions: A Plea for a Closer Relationship, 9 Canadian Bus. L.J. 214 (1984).
  • Introduction by the Faculty Advisor (Special Issue on Commercial Real Estate Development and Land Registry Law: A Comparative Outlook), 1984 Ariz. J. Int'l & Comp. L. 2.
  • Preface (Symposium - The Law of Letters of Credit and Standbys in the 1980's), 24 Ariz. L. Rev. 235 (1982).
  • Introduction by the Faculty Advisor, 1 Ariz. J. Int'l & Comp. L. 3 (1982).
  • The Emerging Law of Standby Letters of Credit and Bank Guarantees, 24 Ariz. L. Rev. 319 (1982).
  • Mexican Law of Damages for Automobile Accidents: Damages or Restitution?1 Ariz. J. Int'l & Comp. L. 189 (1982).
  • Living Law: Introduction, 1 Ariz. J. Int'l & Comp. L. 85 (1982).
  • The Letter of Credit in Court: An Expert Testifies, 99 Banking L.J. 340 (1982).
  • Legal Aspects of Letters of Credit and Related Secured Transactions, 11 Law. Am. 265 (1979).
  • The Commercialization of Civil Law and the Civilization of Commercial Law, 40 La. L. Rev. 3 (1979).
  • Fairness in Anglo and Latin American Commercial Adjudication, 2 B.C. Int'l & Comp. L. Rev. 219 (1979).
  • What Makes for a Classic in Commercial Letter of Credit Law: Apropos of Gutteridge and Megrah, The Law of Bankers Commercial Credits, 2 Canadian Bus. L.J. 406 (1978).
  • Law and Development Aspects of United States Latin American and Caribbean Basin Policies, 4 Int'l Trade L.J. 181 (1978).
  • Trends in Comparative Legal Research: Apropos Dainow's The Role of Judicial Decisions and Doctrine in Civil Law and in Mixed Jurisdictions, 14 Am. J. Comp. L. 100 (1976).
  • Distinctivos del Comerciante y su Proteccion, 113 Revista de Ciencias Juridicas 17 (Costa Rica) (June ___) (co-author, with Octavio Torrealba).
  • Commercial Law Recodification and Economic Development in Latin America, 4 Law. Am. 2 (1972).
  • Toward a Theory on Law in Economic Development: The Costa Rican USAID-ROCAP Law Reform Project, 4 Law & Social Order J. 681 (1971), translated into Spanish in Revista de Ciencias Juridicas, University of Costa Rica (June 1972).
  • The Mexican Land Registry: A Critical Evaluation, 12 Ariz. L. Rev. 308 (1970),translated into Spanish in 24 Revista de la Facultad de Derecho, Mexico 131 (Jan. - Jun. 1974).
  • Proyecto Revisado de Bases y Comentarios Sobre la Sociedad Anonima Multinacional en Centroamerica, 12 Revista de Ciencias Juridicas (Costa Rica) 23 (Diciembre 1968).
  • Law and the Credit Structure in Latin America, 7 Va. J. Int'l L. 1 (1967).
  • The Sole Judgment Language of UCP Sub-Article 14, Documentary Insight __ (Winter 1966).
  • The Legal Nature of the Irrevocable Commercial Letter of Credit, 14 Am. J. Comp. L. 395 (1965), translated into Spanish in Boletin Mexicano de Derecho Comparado (May - Dec. 1968), and condensed in Italian in Banca Borsa e Titoli de Credito, Rome, Italy (1966).
  • Law and Social Change in Latin America, 14 Hispanic Am. Hist. Rev. 1 (1964).
  • El Derecho y la Evolucion Social en America Latina, 21 Lecturas Juridicas 37 (1964).
  • Comparative Law Teaching, Commercial Law, 5 Foreign Exchange Bull. 4 (1964).
  • Reflexiones en Torno a la Ensenanza del Derecho en el Hemisferio Occidental, 16 Lecturas Juridicas 3 (1963-64), reprinted in Boletin del Instituto de Derecho Centroamericano, Honduras, and in Revista Juridica de Chile, Chile.
  • A Cuban Lawyer Views American Legal Education, 4 Foreign Exchange Bull. 1 (1962).
  • A Comparative Legal Study--Another Approach, 14 J. Legal Educ. 367 (1962).
  • Case Note, Contracts - Consideration - Pre-existing Duty, 13 U. Miami L. Rev. 387 (1959).
  • La Relatividad de Los Conceptos Juridicos, Boletin del Instituto de Derecho Comparado, Mexico (Dec. 1958).

Other Writings 

  • The Myths and Facts of Payment Instruments, LC Views, Newsletter 39 (Feb. 2006).
  • El Derecho de Garantías Mobiliarias en Guatemala y Otros Países Miebros del CAFTA Reciente Iniciativas de Reforma Legislativa (2004).
  • Anteproyecto de Ley de Garantias Mobiliarias (2004).
  • Anteproyecto de Ley de Garantias Mobiliarias: Texto Completo y Comentarios (2004).
  • Contracts: Their Different Nature and Function and Their Enforceability in United States-Mexico Trade and Investment, in Complying with the Labor and Employment Laws of the NAFTA Countries 627, ALI-ABA Continuing Legal Education, Mar. 2001.
  • Problems with Bolero's Title Registry System, ___ Documentary Credit World ___ (Sept. 1999).
  • Should UCP 500 Be Revised in the Near Future, 5 Documentary Credit Insight ___ (Autumn 1999).
  • Answer to the Alleged UCP Sins, Documentary Insight ___ (Winter 1997).
  • The United States-Mexico Free Trade Agreement: A Comparative Legal Research Agenda, 12 U. Ariz. L. Rec. 2 (1991).
  • Book Review, 15 Canadian Bus. L.J. 116 (1989) (reviewing Lazar Sarna, Letters of Credit:  The Law and Current Practice (2d ed. 1986)).
  • Book Review, 1984 Ariz. J. Int'l & Comp. L. 138 (reviewing Julio C. Cueto-Rua,Judicial Methods of Interpretation of the Law (1981)).
  • Book Review, 30 Am. J. Comp. L. 374 (1982) (reviewing Robert C. Means,Underdevelopment and the Development of Law: Corporations and Corporation Law in Nineteenth-Century Columbia (1980)).
  • Readings on Jurisprudence (Univ. Ariz. Mimeo 1981)
  • Book Review, Hispanic Am. Hist. Rev. (1978) (reviewing Alberto Mayagoitia Garza, A Layman's Guide to Mexican Law (1977)).
  • Academician (In Memorium: James J. Graham), 13 Ariz. L. Rev. 265 (1971).
  • Book Review, 10 Am. J. Comp. L. 287 (1960) (reviewing S.A. Bayitch, Aircraft Mortgage in the Americas (1960)).

Multimedia 

  • NAFTA: Working the Biggest Deal in History (San Diego State Univ. 1996) (with Gustavo Valentin Segade, Gregory Durbin, & Martin Romero) (videotape).
  • Commercial Law and Economic Development: Magisterial Lectures at the National University of Mexico (Inter-American Bar Foundation & USIA 1989) (videotape).

Presentations

  • Instructor, Workshop on Secured Transactions: Challenges and Opportunities, at the XIII Congress of Colombia: Financial Risk Facing the New International Panorama, Cartagena, Colombia, June 27, 2014.
  • Moderator, Panel on Secured Transactions, at the Pacific Rim Colloquium: Economic Development and Harmonization of Commercial Law, Santiago, Chile, October 17, 2013.
  • Speaker, Electronic Warehouse Receipts, Santiago, Chile, October 17, 2014. 
  • Panelist, Conference on Secured Transaction Reform, Panel on How Can Non-Governmental Players Help?, at the Federal Reserve Bank of Atlanta, July 17, 2012.
  • Speaker, Experiences and Lessons Learned in Latin America, at the Modern Mechanisms of Access to Credit: Draft Reform to the System of Guarantees Seminar, Bogotá, Colombia, March 7, 2012.
  • Speaker, International Seminar on Access to Credit for Smaller-sized Businesses, Santiago, Chile, April 6, 2011.
  • Keynote Speaker, The Modernization of Commercial Law, at the Fortieth Anniversary of the Colombian Commercial Code of 1971, Bogotá, Colombia, March 31-April 1, 2011.
  • Speaker,2010 Annual Convention of the Arizona Bar Association,Modernizing Secured Lending in Latin America – Phoenix, Arizona, June 9-11, 2010.
  • Speaker, 2010 ABA Section of International Law Spring Meeting, The Modernization of Secured Transactions Laws in Latin America and its Harmonization with North American law: the work of the National Law Center for Inter-American Free Trade (NatLaw) – New York City, NY, April 13-17, 2010.
  • Panelist, Financial Inclusion: The Democratization of Credit, Panel on Secured Transactions as a Development Tool: Lessons Learned, Best Practices, and Next Steps in Latin America and the Caribbeanat the Inter-American Development Bank – Washington, D.C., February 26, 2010.
  • Speaker, Training Sessions on the Law of Secured Transactions, Honduran Banking Association – Tegucigalpa, Honduras, February 12-13, 2010.
  • Speaker, OAS Model Law on Secured Transactions and Model Registry Regulations: Implementation in the Americas at the Department of State’s Advisory Committee on Private International Law Meeting – Washington, D.C., October 2009.
  • Speaker, Instrumentos Jurídicos para el Desarrollo Económico. Su utilidad en Épocas de Crisis y de Estabilidad at the Colombian Superintendence of Business Associations – Bogota, Colombia, September 2009.
  • Speaker, Best Commercial Practices at the Institute of Judicial Studies of the Superior Tribunal of Justice of the Federal District – Mexico City, Mexico, August 2009.
  • Speaker, The Individual Norm in Mexican Commercial Adjudication at the Institute of Judicial Studies of the Superior Tribunal of Justice of the Federal District, – Mexico City, Mexico, June 2009.
  • Lecturer and Panelist, Standard Contracting: Consumer, Commercial and International at the First International Congress on Contractual Law, in onore “Boris Kozolchyk,” – Chiclayo, Peru, April 23-25, 2009.
  • Speaker, Secured Transactions Law at the Honduran Congress – Tegucigalpa, Honduras, March 2009.
  • Speaker, Brooklyn Law School Symposium: Ruling the World: Problems and Concerns of Generating International Legal Norms – Brooklyn, NY, October 24, 2008.  
  • Closing Speaker and Member of the Steering Committee, LexisNexis Global Conference: Economic Development and the Rule of Law in Latin America – Mexico City, Mexico, September 13-14, 2007.
  • Legal Panelist, Innovations in Trade Finance Solutions, Export Enterprises and JPMorganChase – New York City, NY, November 6, 2007.