International Commercial Contract Law Case Study

1570 Words 7 Pages
World Trade Organisation (WTO) figures for 2008 indicate that worldwide merchandise export trade amounted to just over AU$18 billion and the import trade to AU$18.5 billion. These figures are roughly 100 times more than 45 years ago (Global Sales and Contract Law, 2012). At the dawn of the 21st century when commerce is more integrated than ever before and jurisdictions are attempting to make themselves more commercially flexible, exercises aimed at rendering the common law less opaque and creating a common legal grammar, if not a common substantive law, should not be unduly discarded. So why has Australia taken such a ‘piecemeal’ approach to the application of this evolving transnational legal architecture? This commentary notes
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The CISG is a multi-lateral treaty that provides a uniform text of law for international sales of goods. The Vienna Sales Convention is separated into four sections. Part One (“Sphere of Application and General Provisions”) addresses the scope and applicability of the Convention (articles 1-6), as wells as general matters such as interpretation and formality requirements (articles 7-13). Part Two (“Formation of the Contract”) sets out the rules through articles 14-24 for the formation of an international sales contract, such as such as offer and acceptance (article 23). Part Three (“Sales of Goods”) is comprised of “General Provisions” (articles 25-29), “Obligations of the seller” (articles 30-52), “Obligations of the buyer” (articles 53-65), “Passing of Risk” (articles 66-70), and “Provisions Common to the Obligations of the Seller and of the Buyer (articles 71-88). And Part Four (“Final Provisions”) contains provisions that are primarily directed to the sovereign states that are or may become contracting states to the Convention (articles 89-101). (Digest of Case Law on the United Nations Convention on Contracts for the International Sale of Goods,

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