CISG
BTF5919 INTERNATIONAL TRADE LAW: 2014 Semester Two
Insemester Assessment
Research paper
Research question
Critically examine whether adequate weight has been given to different legal, cultural and other peculiarities in interpreting and implementing the 1980 Convention on Contracts for the International Sale of Goods (CISG) generally, and whether the Convention has been effective in the Australian context in particular.
Introduction of CISG (The Vienna Convention)
The United Nations Convention on Contracts for the International Sale of Goods (CISG) was adopted by the United Nations Conference on Contracts for the International Sale of Goods on 11 April 1980 in Vienna, and entered into force on 1 January 1988. The Convention was intended to replace the 1964 Hague Convention relating to a Uniform Law on International Sale of Goods and the 1964 Hague Convention relating to a Uniform Law on the Formation of Contracts for the International Sale of Goods (CISG Art 99). Both were formed on 1 July 1964 in the Hague. The CISG replaces the Hague Conventions among the contracting members to the new Convention.1 There are 78 member countries as at August 2012.2
This essay examines will specifically examine the peculiarities involved in the interpretation and implementation of the CISG and further discuss whether the CISG has proved to be effective in Australia.
Adoption of CISG by Australia
The Convention entered into force Australia on 1April 1989. The Standing Committee of Attorneys-General decided toimplement the CISG by separate State and Territory legislation.42 It developed a model law which was adoptedby every State and Territory.43
Originally each state adopted the Sale of Goods (Vienna Convention) Act. The State of Victoria in November 2010 as the only state amalgamated the domestic sales law with the CISG into one act namely the Goods Act 1958 (Vic).1
The Sale of Goods (Vienna Convention) Acts contain two substantive
Insemester Assessment
Research paper
Research question
Critically examine whether adequate weight has been given to different legal, cultural and other peculiarities in interpreting and implementing the 1980 Convention on Contracts for the International Sale of Goods (CISG) generally, and whether the Convention has been effective in the Australian context in particular.
Introduction of CISG (The Vienna Convention)
The United Nations Convention on Contracts for the International Sale of Goods (CISG) was adopted by the United Nations Conference on Contracts for the International Sale of Goods on 11 April 1980 in Vienna, and entered into force on 1 January 1988. The Convention was intended to replace the 1964 Hague Convention relating to a Uniform Law on International Sale of Goods and the 1964 Hague Convention relating to a Uniform Law on the Formation of Contracts for the International Sale of Goods (CISG Art 99). Both were formed on 1 July 1964 in the Hague. The CISG replaces the Hague Conventions among the contracting members to the new Convention.1 There are 78 member countries as at August 2012.2
This essay examines will specifically examine the peculiarities involved in the interpretation and implementation of the CISG and further discuss whether the CISG has proved to be effective in Australia.
Adoption of CISG by Australia
The Convention entered into force Australia on 1April 1989. The Standing Committee of Attorneys-General decided toimplement the CISG by separate State and Territory legislation.42 It developed a model law which was adoptedby every State and Territory.43
Originally each state adopted the Sale of Goods (Vienna Convention) Act. The State of Victoria in November 2010 as the only state amalgamated the domestic sales law with the CISG into one act namely the Goods Act 1958 (Vic).1
The Sale of Goods (Vienna Convention) Acts contain two substantive