Although the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most successful international conventions to date, it remains the case that those involved in the international sale of goods must refer to a multitude of laws. Indeed the CISG itself does not cover all issues relating to international sales contracts, so it must necessarily be supplemented by domestic law. Global Sales and Contract Law provides a truly comparative analysis of domestic laws in over sixty countries so as to deliver a global view of domestic and international sales law. The book reports on the real practice of sales law, taking into account present day problems. Complex questions on the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all discussed. By addressing regional uniform projects, like OHADA, and comparing differences in domestic legal approach where the CISG would not apply, the work goes beyond existing commentaries which tend to focus only on the CISG. The analysis has been based on an unprecedented survey drawn from the world's top fifty companies as well as international traders, lawyers advising international traders, arbitral institutions, arbitrators, and law schools. This work encompasses all aspects of a sale of goods transaction and takes a wide view of sale by including general contract law. The book gives practitioners invaluable insight into judicial trends and possible solutions in different legal systems, whether preparing for litigation or drafting an international contract. Global Sales and Contract Law is the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a reliable source for any practitioner dealing in international commerce.
Exploring the advantages and disadvantages of codifying contract law, this book considers the question from the perspectives of both civil and common law systems, referring in detail to issues of international and consumer law. With contributions from leading international scholars, the chapters present a range of opinions on the virtues of codification, encouraging further debate on this topic. The book commences with a discussion on the internationalization imperative for codification of contract law. It then turns to regional issues, exploring first codification attempts in the European Union and Japan, and then issues relevant to codification in the common law jurisdictions of Australia, New Zealand and the United States. The collection concludes with two chapters which consider the need to draw upon both private and comparative international law perspectives to inform any codification reforms. This book will be of interest to international and comparative contract law academics, as well as regulators and policy-makers.
This thorough and detailed Research Handbook explores the complexity of governance of sales contracts in the modern world. It examines many topical aspects of sales law and practice, with considerable emphasis being placed on the diversity of: commercial and transactional contexts; in which sales contracts are made and performed, including digital technologies, long-term contracts and global supply chains and sources governing such contracts, particularly those emanating from commercial players, such as standard form contracts, trade usages and trade terms. Written by leading experts from an international and comparative perspective, the Research Handbook is relevant to anyone with an interest in commercial sales and contract law.
With a focus on how trade, foreign investment, commercial arbitration and financial regulation rules affect impoverished individuals, Poverty and the International Economic Legal System examines the relationship between the legal rules of the international economic law system and states' obligations to reduce poverty. The contributors include leading practitioners, practice-oriented scholars and legal theorists, who discuss the human aspects of global economic activity without resorting to either overly dogmatic human rights approaches or technocratic economic views. The essays extend beyond development discussions by encouraging further efforts to study, improve and develop legal mechanisms for the benefit of the world's poor and challenging traditionally de-personified legal areas to engage with their real-world impacts.
This book brings together the top international sales law scholars from twenty-three countries to review the Convention on Contracts for International Sale of Goods (CISG) and its role in the unification of global sales law. It reviews the substance of CISG rules and analyzes alternative interpretations. A comparative analysis is given of how countries have accepted, interpreted, and applied the CISG. Theoretical insights are offered into the problems of uniform laws, the CISG's role in bridging the gap between the common and civil legal traditions, and the debate over good faith in CISG jurisprudence. The book reviews case law relating to the interpretation and application of the provisions of the CISG; analyzes how it has been recognized and implemented by national courts and arbitral tribunals; offers insights into problems of uniformity of application of an international sales convention; compares the CISG with the English Sale of Goods Act and places it in the context of other texts of UNCITRAL; and analyzes the CISG from the practitioner's perspective.
This work represents a systematic and practical analysis of the relevant rules, matter and terminology of international sales law. Written for practitioners as well as researchers and students the manual offers a comprehensive and in-depth overview of the relevant legal international and national regulations, taking into account the practice-relevant topics and the relevant soft law regulations. The international and comparative law character of the work is reflected in the consideration of such international regulations such as the CISG, the Principles of European Private Law (PECL), the Principles of International Commercial Contracts (UNIDROIT principles) and the proposal to create a common European Sales law (GEK) from the year 2011. In addition, an overview of the differences in terms of the purchase option between common law and civil law jurisdictions and between each important national right is offered.
The contributors to this volume, well-known experts from Europe and the US, analyze various issues relating to the United Nations Convention on Contracts for the International Sale of Goods (CISG). With its current global network of 58 Contracting States, the CISG is widely applied in practice today. To make the growing case law on this subject matter readily accessible, the UNCITRAL Secretariat in Vienna has set up a reporting system for national court decisions relating to the CISG. The extensive documentation already collected there and elsewhere will surely have a lasting impact on the ongoing scholarly debate on this topic. The present book is intended to contribute to this debate by addressing controversial issues relating to the interpretation and application of some important provisions of the new sales law. In addition, several authors also deal with the development of international principles of contract law, such as the Principles of European Contract Law, the UNIDROIT Principles and the lex mercatoria . In view of the increasing number of such rules, a discussion of the CISG would be incomplete without taking account of the relationship of the Convention to these principles as well.
Written for international trade lawyers, practitioners and students from common and civil law countries, this casebook is an excellent starting point for learning about the CISG, providing an article-by-article analysis of the Convention. The commentary on each article is accompanied by extracts from cases and associated comparative materials, as well as references to important trade usages such as the INCOTERMS® 2010. The book features a selection of the most significant cases, each of which has been abridged to enable the reader to focus on its essential features and the relevant questions arising from it. The case extracts are accompanied by a comprehensive overview of parallel provisions in other international instruments, uniform projects and domestic laws. The analyses, cases, texts and questions are intended to aid readers in their comparative law and international sales law studies. They are designed to draw attention to the particular issues surrounding specific CISG provisions and to provoke careful consideration of possible solutions. The book is a reference work as well as an introduction to the individual problem areas. In particular, it acts as a preparatory work for the Willem C Vis International Commercial Arbitration Moot. The inclusion of sample questions and answers also makes it particularly helpful for self-study purposes.
This book contains the presentations given at the conference '35 Years CISG and Beyond, ' hosted by the University of Basel, SVIR/SSDI (Swiss Association for International Law) and UNCITRAL (United Nations Commission on International Trade Law) in January 2015. The conference focused on open issues in regard to the CISG's (Contracts for the International Sale of Goods) application and on any possible further harmonization and unification of contract law. The following topics are covered: economic analysis of CISG; the decline of reservations; extending the CISG; CISG, state action, and regionalization; and CISG and fair contract law. Speakers at the conference included the world's leading scholars on the CISG and comparative law, among them the members and rapporteurs of the CISG Advisory Council. Contents include: Part I - Economic Analysis of the CISG [Saving Transaction Costs * Choice of Law in Practice: A Global Empirical Survey] *** Part II - The Decline of Reservations [Reservations and the CISG: The Borderland of Uniform International Sales Law and Treaty Law after 35 Years * Reservations, the Case of the Scandinavian Countries * The Reservation from the Freedom of Form Principle of the CISG: The Case of Russia * The Application of the CISG in International Commercial Arbitration in China] *** Part III - Extending the CISG [Extending the Scope of the 1980 Vienna Convention on the International Sale of Goods to Framework Distribution Contracts * Natural Gas and the CISG * The CISG and Statute of Limitations * Control of Unfair Standard Terms in International Commercial Contracts * CISG and the Default Interest Rate in Arbitration] *** Part IV - CISG, State Action, and Regionalization [Do We Really Need Special Provisions for Business-to-Consumer Sales? * Application of the CISG to International Government Procurement of Goods * OHADA and CISG: Alternatives or Complementary Instruments? * Harmonization in the European Union * Contract Law in Latin America: Building of a 'Latin American' Ius Commune on Contract Law] *** Part V - CISG and Fair Contract Law [The Politics of Fairness in CISG * The CISG: A Secret Weapon in the Fight for a Fairer World? * International Fair Trade: Fair Trade in International Contracts and Ethical Standard * Beyond CISG: Agricultural Production under Contract * The Future of Contract Law Harmonization: A View From Unidroit] *** Librarians: ebook available (Series: International Commerce and Arbitration (ICA) - Vol. 19) [Subject: Trade Law, Commercial Law, Arbitration