Contracts for the International Sale of Goods

Contents

Introduction. 3

Lex mercatoria 4

Administration 4

Legal concepts 4

Common law development 5

International commercial law and arbitration 5

Lex mercatoria in future 5

Convention on the International Sale of Goods 6

Countries that have ratified the CISG 6

Major absentees 7

Language, Structure and Content of the CISG 7

Part I - Sphere of Application and General Provisions (Articles 1-13) 8

Part II - Formation of the Contract (Articles 14–24) 8

Part III - Sale of Goods (Articles 25–88) 9

Part IV - Final Provisions (Articles 89-101) 9

Commentary upon the Convention 10

Differences with country legislation relating to the sale of goods 10

Differences with United States of America legislation 10

Future directions 12

Conclusion 12

Bibliography 12

INTRODUCTION

International commercial law is the body of law that governs international sale transactions. Since World War II international trade has grown extensively, seeing the increasing importance of international commercial law. It plays a vital role in world development, particularly through the integration of world markets.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is the main convention for international sale of goods. Established by United Nations Commission on International Trade Law (UNCITRAL), the Convention governs the conclusion of the sale contract; and buyer and seller obligations, including respective remedies. It is not concerned with the validity or provisions of the contract nor its effect on the property sold.

The importance of CISG is its interpretation. International context, uniformity and observance of good faith must be regarded when interpreting the Convention. Matters not expressly settled by CISG are to be determined according to the general principles of CISG; or in such absence, according to rules of private international law.

Lex mercatoria refers to that part of...