WHEN INTERNATIONAL CONTRACTS FOR THE SALE OF GOODS ARE TRAPS FOR BUSINESS PEOPLE

Authors

  • LA Wander St John's University, New York
  • JS Manna St John's University, New York

Abstract

Sixty-eight nations, accounting for more than two thirds of global trade, follow international legal rules which govern contracts for the international sale of goods.1 In light of the recent trends in globalisation and liberalisation of international trade, business managers, previously accustomed to their own local or domestic laws, must deal with the perils and traps that arise from these international rules. Most of Europe, the United States, Russian Federation, Mexico, Australia, Canada and China have adopted the United Nations Convention on Contracts for the International Sale of Goods (CISG); an international agreement between these nations that embodies the new rules of international trade agreements involving the sale of goods.2 The CISG pre-empts a country's domestic law, including the Uniform Commercial Code (UCC) in the United States, which could present precarious results for business managers who are unaware of its existence (Mather, 2001).

References

Mather, H. (2001) Choice of law for international sales issues not resolved by the CISG. Journal of Law and Commerce, 20 (Spring) pp 155-208.

Shigeru, K. (2001) History of the Civil Code of Japan and Comparison with the Uniform Law. Retrieved: August 2001 from www.nomolog.nagoyau.ac.jp/~kagayama/lao2001/lecture/history/hist_c_civ.html.

Roland Loewe(1998) The sphere of application of the UN sales convention.International Law Review, Vol. X. Retrieved: www.cisg.law.pace.edu/cisg/biblio/Loewe.html.

Forte, A. (1997) The United Nations Convention on Contracts for the International Sale of Goods: Reason or unreason in the United Kingdom. Baltimore Law Review, 26 pp 51-66.

Linarelli, J. (2003) The economics of uniform laws and uniform law making. Wayne Law Review, 48 (6) pp 1387-447.

Downloads

Published

2007-12-30

How to Cite

Wander, L. . ., & Manna, J. . (2007). WHEN INTERNATIONAL CONTRACTS FOR THE SALE OF GOODS ARE TRAPS FOR BUSINESS PEOPLE. The Journal of Contemporary Issues in Business and Government, 13(2), 47–61. Retrieved from https://cibgp.com/au/index.php/1323-6903/article/view/31

Issue

Vol. 13 No. 2 (2007): The journal of contemporary issues in business and government

Section

Articles

License

Copyright (c) 2007 The journal of contemporary issues in business and government

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

You are free to:

  1. Share — copy and redistribute the material in any medium or format for any purpose, even commercially.
  2. Adapt — remix, transform, and build upon the material for any purpose, even commercially.
  3. The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  1. Attribution — You must give appropriate credit , provide a link to the license, and indicate if changes were made . You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
  2. No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation .

No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.