A Critical Analysis of the CISG in the Harmonization and Unification of International Trade Law in Africa-Nigeria - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook A Critical Analysis of the CISG in the Harmonization and Unification of International Trade Law in Africa-Nigeria write by Tochukwu Nwekwo. This book was released on 2015. A Critical Analysis of the CISG in the Harmonization and Unification of International Trade Law in Africa-Nigeria available in PDF, EPUB and Kindle. This research is geared towards giving a critical appraisal and review of the CISG with regards to the prospective effect or advantage it conveys if/when it is wholly integrated into the legal framework of the commercial sectors of African states. Africa is currently the world's trading hub, with a steady influx of foreign governments, corporations and organizations seeking to trade with the continent for economic and also political purposes, it has apparently become an essential and profitable continent. The continent is second to Asia in its largeness and population amongst the world's seven continents. Nigeria, on the other hand, being one of the countries in Africa is relevant or considered in this discourse as it is popularly referred to as the giant of Africa. It is the most populous country in Africa and its ranked 7th most populous country in the world. But, irrespective of the above Nigerian status, the country still grapples with underdevelopment and poverty, a similar trend which cuts across other African states. The African Union (AU), which is a union that consist of the 54 countries that make up the continent Africa, serves as the political and administrative body that govern the continent. And as one of its objectives, the Union seeks to promote the sustainable advancement of all economic, social and cultural sectors of states through the integration of African economies. But following its past and present economic and commercial policies in Africa, this above objective appears “unattainable”. A similar failure is also been conceived amongst commentators and experts of the September 2000 United Nations Millennium Development Goals for Africa on economic growth and development by the year 2015. Although, one could say this development and growth is being actualized, but it is no doubt that it comes slow and is unstable.This paper proposes how the above objectives can be attainable. In putting forward the propositions of the paper, a critical analysis of the United Nations CISG rules is undertaken as it offers a proper framework for the attainment of the objectives of the continent. Through a study of the CISG tools, the paper establishes the effectiveness or limitation of the CISG in aiding the removal of the prevalent international sale of goods laws that limit and obstruct the growth of the continent.
The CISG’s attempt to unify international sales law. An assessment of its successfulness
The CISG’s attempt to unify international sales law. An assessment of its successfulness - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The CISG’s attempt to unify international sales law. An assessment of its successfulness write by Fabian Junge. This book was released on 2016-01-15. The CISG’s attempt to unify international sales law. An assessment of its successfulness available in PDF, EPUB and Kindle. Seminar paper from the year 2015 in the subject Law - European and International Law, Intellectual Properties, grade: 1,3, Maastricht University, course: International Commercial Law, language: English, abstract: One of the main constraints on cross-border commerce has always been diverging national legal regimes. With the emergence of globalization starting in the last century it became evident that there is a need to approximate the existing rules to foster international trade. In theory, this should allow all participating actors to benefit more than ever leading in the long run to greater wealth for everyone. In 1980, 42 countries agreed on the CISG to address hindrances to the growing international trade by adopting a default uniform international framework for the sales of goods. The preamble specifies that “the adoption of uniform rules which govern contracts for the international sale of goods and take into account the different social, economic and legal systems would contribute to the removal of legal barriers in international trade and promote the development of international trade”. At the time of writing, the CISG has been in force for 27 years and it is time to evaluate whether the goals the drafters had in mind have been achieved. In order to assess the successfulness of the CISG to promote a unified international sales law a multitude of factors can be taken into account. To not unduly exceed the limits of this paper the author determined three key criteria on whose basis the successfulness will be evaluated. Firstly, the acceptance of the CISG in the international community will be evaluated. Secondly, the influence of the CISG on subsequent international, regional and domestic legislation and initiatives relating to sales and contract law will be addressed. Lastly, after determining the scope of application the paper focuses on the CISG’s capacity to safeguard and foster its uniform application.
35 Years CISG and Beyond
35 Years CISG and Beyond - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook 35 Years CISG and Beyond write by Ingeborg H. Schwenzer. This book was released on 2016. 35 Years CISG and Beyond available in PDF, EPUB and Kindle. This book contains the presentations given at the conference 35 Years CISG and Beyond, hosted by the University of Basel, SVIR/SSDI (Swiss Association for International Law) and UNCITRAL on 29 and 30 January 2015. 0The Conference focused on open issues in regard to the CISG's application and on any possible further harmonization and unification of contract law. The following topics are covered: economic analysis of CISG; the decline of reservations; extending the CISG; CISG, state action and regionalisation; CISG and fair contract law. Speakers at the Conference included the world's leading scholars on the CISG and comparative law, among them the members and rapporteurs of the CISG Advisory Council. This book is of interest to practionersand academics in the field of CISG.
Exemptions for the Non-performance of Contractual Obligations in CISG Article 79
Exemptions for the Non-performance of Contractual Obligations in CISG Article 79 - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Exemptions for the Non-performance of Contractual Obligations in CISG Article 79 write by Peter J. Mazzacano. This book was released on 2014. Exemptions for the Non-performance of Contractual Obligations in CISG Article 79 available in PDF, EPUB and Kindle. "The premise of this dissertation is that Article 79 of the UN Convention on Contracts for the International Sale of Goods-which concerns exemptions for contractual non-performance due to an ""impediment"" beyond a party's control-should be interpreted autonomously, that is, as an international norm, without reference to domestic legal concepts and principles. To this end, this dissertation considers the application of Article 79 by courts and arbitral tribunals across a number of signatory states. By studying the treatment of Article 79 by the courts and arbitral tribunals of various states, differences in doctrine and case law have been discerned. The extent of conceptual differences towards the doctrine of excuses for nonperformance also helps to determine whether the CISG's goal of uniformity is achievable. This research concludes that there has been a convergence in the treatment of Article 79, and this supports the premise that a legal doctrine-in this case, the excuse for non- performance-germinating in various legal systems, ultimately evolved into an autonomous principle, towards a conceptual goal of uniformity in a body of international commercial law, regardless of its unique development in separate and distinct legal jurisdictions. "
International Sales Law
International Sales Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook International Sales Law write by Larry A. DiMatteo. This book was released on 2014-02-17. International Sales Law available in PDF, EPUB and Kindle. This book brings together the top international sales law scholars from twenty-three countries to review the Convention on Contracts for International Sale of Goods (CISG) and its role in the unification of global sales law. It reviews the substance of CISG rules and analyzes alternative interpretations. A comparative analysis is given of how countries have accepted, interpreted, and applied the CISG. Theoretical insights are offered into the problems of uniform laws, the CISG's role in bridging the gap between the common and civil legal traditions, and the debate over good faith in CISG jurisprudence. The book reviews case law relating to the interpretation and application of the provisions of the CISG; analyzes how it has been recognized and implemented by national courts and arbitral tribunals; offers insights into problems of uniformity of application of an international sales convention; compares the CISG with the English Sale of Goods Act and places it in the context of other texts of UNCITRAL; and analyzes the CISG from the practitioner's perspective.
