Law International Law

Contracts for the International Sale of Goods: A Multidisciplinary Perspective (e-Book)

Edited by Dr Poomintr Sooksripaisarnkit · Dr Sai Ramani Garimella
Sweet & Maxwell Hong Kong September 2019

Specifications

ISBN-13
9789626614587
Publisher
Sweet & Maxwell Hong Kong
Publication
September 2019
Format
e-Book , 288 pages
Jurisdiction
Hong Kong ? Countri(es) for reference only

Details

Remarks: PRINT version is also available. Please click here to purchase the PRINT version.


  • On the 30th anniversary of the implementation of the CISG, the title provides value added content for students and practitioners alike considering CISG and its intersection with public domestic and international law.
     
  • Unique and jurisdictionally relevant thought-leadership content – presents national perspectives.
     
  • Provides fresh critiques on core principles as well as forecasting on potential areas for reform.
     
  • Multi-country author team providing perspectives from across diverse global jurisdictions as well as contributions from members of the Permanent Court of Arbitration (The Hague) and The Secretariat of the United Nations Commission on International Trade Law (UNCITRAL).

 

The United Nations Convention on Contracts for the International Sale of Goods (CISG) came into force internationally on 1 January, 1988. 2018 marked the 30th anniversary of its coming into force. So far, CISG has been favourably received by the international community as it helps remove legal barriers for international trade and diminishes uncertainties caused by the private international law system and facilitates contract negotiations in international transactions.

Three fundamental issues are addressed by the CISG:

  • the formation of a contract;
  • the obligations of the seller; and
  • the remedies available to the buyer, and the obligations of the buyer and the remedies available to the seller.

As we celebrate over three decades of this unique experiment at unifying and harmonising the law on international sale contracts and count the increasing membership of the international convention, it is also time to revisit a few specific issues that have arisen from the application of the convention.

Table of Contents

Chapter 1 – CISG Then and Now – What is Next?


CISG – Critiquing the Core Principles
Chapter 2 – CISG Article 7: Interpretation of the Convention
Chapter 3 – CISG in China: Observations on Choice of Law
Chapter 4 – Full Compensation, Foreseeability and Mitigation in Damages: CISG and India Compared

National Perspectives on CISG
Chapter 5 – CISG in Action: Law and Practice in China
Chapter 6 – CISG in Latin America: Some Lessons for the

Legal Unification Movement in the Global South
Chapter 7 – CISG’s Place in the Context of the Anticipated

International Civil Law Act in Australia
Chapter 8 – Vietnam’s Accession to the CISG: Advantages and Disadvantages
Chapter 9 – Argentina and the CISG: The Arc of Commercial Law Bends Towards Uniformity
 
Intersectional Perspectives
Chapter 10 – The CISG as the Applicable Law: The Curious Case of Australia
Chapter 11 – National Courts and the Interpretation of the CISG: Some Reflections on Internationality, Uniformity and Good Faith
Chapter 12 – CISG, Article 42 – Third Party IPR Claims in Transnational Commerce – Addressing the Indeterminacy

CISG – Attempting the Case for Reform
Chapter 13 – The Imperfect International Sales Law: Revamp, Supplement or Leave it Alone?
Chapter 14 – CISG and the Uniform Law of Electronic Transactions
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