International Trade Law - page 1
Keywords: The Vienna Convention
By Nanssi on 17/11/2009
Level: Bachelor Honours Degree (BA, BEng, BSc etc)
Page Number: 1 of 6 pages: 1 2 3 4 5 6
“Critically analyse from a legal perspective the importance of the Convention on the International Sale of Goods (‘The Vienna Convention’). In your answer consider the attitude of the United Kingdom towards ratification of the Convention in U.K. law.”
CONTENTS
1. INTRODUCTION 2
2. UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) 2
2.1. Historical background 2
2.2. Aim and Contents 3
2.3. Ratification 3
2.4. Sphere of application 3
2.5. Ambiguities 4
3. THE UNITED KINGDOM’S APPROACH 4
3.1. Contras 4
3.2. Pros 6
4. CONCLUSION 6
5. BIBLIOGRAPHY 7
5.1. Primary sources 7
5.1.1. Conventions 7
5.1.2. Acts 7
5.1.3. Cases 7
5.2. Secondary Sources 7
5.2.1. Books 7
5.2.2. Journal Articles 7
5.2.3. Reports 8
5.3. Electronic Sources 8
1. INTRODUCTION
Many efforts have been made throughout the years in order to harmonize national laws in commercial transactions and thereby to facilitate overseas trade. One of those achievements is the United Nations Convention on Contracts for the International Sale of Goods which has as main purpose “the adoption of legal rules which would contribute to the removal of legal barriers in international trade and promote international trade" , as stated in the preamble of the Convention. However, as a result of the developing case laws, potential weaknesses of this Convention have been identified that are often used by countries, such as the United Kingdom to argument their approach towards a yet non ratification of the Convention.
This paper will thus examine the purpose and the contents of the CISG, whether it is a useful addition to English law and whether it is important to be recognised by the United Kingdom as being a legislative success in offering a uniform international sales law.
2. UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG)
2.1. Historical background
The first attempt towards a harmonization of international trade law is the establishment in 1929 of the International Institute for the Unification of Private Law (UNIDROIT), which was mainly represented by English, French, German and Scandinavian academics, who took the initiative to draft a uniform law for the international sale of goods in order to provide solutions for the various types of breaches of contract, which was not always made available through the use of the law merchant (lex mercatoria). This led in 1964, during a UNIDROIT conference at the Hague, to the adoption of two conventions, namely the Convention relating to a Uniform Law of International Sales (ULIS) and the Convention relating to a Uniform Law on the Formation of Contracts for the International Sale of Goods (ULF). However, both conventions, known as the Hague Conventions , were criticised as representing for the most part countries from civil law jurisdictions, and ignoring developing and common law countries through which they excluded a large part of important trading countries, such as the
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