International Trade Law - page 5
Keywords: The Vienna Convention
By Nanssi on 17/11/2009
Level: Bachelor Honours Degree (BA, BEng, BSc etc)
Page Number: 5 of 6 pages: 1 2 3 4 5 6
the United Kingdom Department of Trade and Industry published a consultative document in which it identified some advantages for British accession to the Convention: “uniformity in international sales law is desirable and the convention's rules would constitute common ground on which business might be transacted, a uniform law might reduce expensive litigation of preliminary issues as to the proper law of a contract, and finally, accession would allow courts and arbitrators in the United Kingdom to have a market share in the resolution of disputes under the convention and to participate in the evolution of its jurisprudence”.
Indeed, international trade law has till now been deprived of the well regarded talent of British judges and lawyers in the matter of interpretation of the CISG, which could probably have influenced the harmonization process in judicial decisions in the same way as the common law has in many countries. Furthermore, if the United Kingdom would consider ratifying the Convention, the English courts will be able to contribute to the developing jurisprudence of the CISG and provide valuable case precedents to which courts in other countries may have regard.
4. CONCLUSION
To conclude, according to Lord Justice Steyn “No international convention will ever completely satisfy all countries. However, the text of the Vienna Sales Convention represents a satisfactory compromise between contrasting points of view. If the will to ratify this convention now is absent, our businessmen will be placed at a disadvantage in international commerce.”
It is thus imperative to demonstrate that implementation within the United Kingdom will bring strong economic benefits. Furthermore, if the business community really wants the country to ratify the Convention, it should lobby hard for it. There is also a need to review the parliamentary procedure in order to find time to implement international commercial law instruments, since the CISG can avoid the costs of working within an unfamiliar legal system.
5. BIBLIOGRAPHY
5.1. Primary sources
5.1.1. Conventions
The United Nations Convention on Contracts for the International Sale of Goods, 11 April 1980, U.N. Doc. A/CONF. 97/18(1980).
The Hague Conventions, 1 July 1964, ‘the Convention relating to a Uniform Law on the Formation of Contracts for the International Sale of Goods’ (ULF) & ‘the Convention relating to a Uniform Law on the International Sale of Goods’ (ULIS).
5.1.2. Acts
Sale of Goods Act 1979.
5.1.3. Cases
The Square Mile Partnership Ltd v Fitzmaurice McCall Ltd, [2005] EWHC 1565 (Ch D).
Proforce Recruit Ltd v Rugby Group Ltd, [2006] EWCA Civ 1690.
ICC Arbitration Case, [1989],
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