• Home
• Library
• DRO home

In defence of the CISG Kee, Christopher and Munoz, Edgardo 2009, In defence of the CISG, Deakin law review, vol. 14, no. 1, pp. 99-123. Attached Files Name Description MIMEType Size Downloads Title In defence of the CISG Author(s) Kee, Christopher Munoz, Edgardo Journal name Deakin law review Volume number 14 Issue number 1 Start page 99 End page 123 Publisher Deakin University Place of publication Burwood, Vic. Publication date 2009 ISSN 1321-3660 Summary In this article, the authors respond to certain criticisms made against the 1980 Vienna Convention on Contracts for the International Sale of Goods (the ‘CISG’) and explain what they perceive as the shortcomings of, and impediments to, a particular model of a proposed new global code. A goal of both the CISG and the proposed global code is to create an environment which promotes international trade. Predictability in the law is a fundamental element to achieve such an environment. The CISG has been criticised as failing to provide such predictability. It has been suggested that it has not been uniformly interpreted, contains internal inconsistencies and allows countries to establish varying mini-codes. While there may be some merit in some of these criticisms there is also much that is overstated and wrong. The CISG may not be a perfect instrument. However, it has been widely accepted and that alone makes it a strong basis from which to develop. A global code applied with absolute uniformity throughout the world might provide predictability. However, such a uniform law is unrealistic and, in any event, undesirable. The authors propose a more realistic solution. The law should be the framework upon which individually nuanced contracts could be built. Predictability is obtained by developing and establishing avenues of communication. It is also obtained by developing and establishing means of explaining and understanding the concepts upon which the framework has been built. The CISG allows for all of this. Language eng Field of Research 180117 International Trade Law HERDC Research category C1 Refereed article in a scholarly journal Persistent URL http://hdl.handle.net/10536/DRO/DU:30023774 Document type: Journal Article Collections: Faculty of Business and Law School of Law Related Links Link Description Connect to published version Go to link with your DU access privileges     Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved. Versions Version Filter Type Fri, 19 Feb 2010, 09:26:07 EST Mon, 22 Feb 2010, 10:29:06 EST Mon, 22 Feb 2010, 12:59:27 EST Mon, 22 Feb 2010, 13:00:45 EST Thu, 04 Mar 2010, 11:14:10 EST Fri, 22 Aug 2014, 14:08:06 EST Filtered Full Access Statistics: 461 Abstract Views, 1 File Downloads  -  Detailed Statistics Created: Fri, 19 Feb 2010, 09:25:59 EST by Katrina Fleming

Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.