Should Iran join the United Nations Convention on Contracts for International Sale of Goods?

2021 ◽  
Author(s):  
Ali Moghaddam Abrishami
Keyword(s):  
International Trade ◽  
United Nations ◽  
Legal System ◽  
Contract Law ◽  
Advantages And Disadvantages ◽  
Trading Partners ◽  
Uniform Law ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods

Abstract After 40 years of the United Nations Convention on Contracts for International Sale of Goods (CISG), it is still controversial whether the CISG has been a successful uniform law in practice. It is, nevertheless, evident that the number of ratifications of the CISG has been increasing. This article aims to highlight the important question of whether Iran should implement the CISG. In addition, it argues that irrespective of the possible ratification of the CISG, the Iranian contract law needs to be modernized. In particular, advantages and disadvantages of the possible adoption of the CISG in Iran are explored. This article argues that acceding to the CISG will provide Iran with a number of opportunities, including the promotion of international trade with its trading partners. In proposing a model for the modernization of the Iranian Civil Code (CCI), the author, however, argues that the CISG is not the best option. Instead, the Unidroit Principles of International Commercial Contracts (PICC) is the most appropriate model for reforming the Iranian contract law. This article concludes by suggesting that the combination of the CISG and the PICC is the best way forward for the Iranian legal system.

To Boldly Go, Part II: Data as the CISG’s Next (but Probably Not Final) Frontier

2021 ◽  
Vol 44 (4) ◽  
Author(s):  
Benjamin Hayward
Keyword(s):  
International Trade ◽  
United Nations ◽  
Legal Framework ◽  
United Nations Convention ◽  
Per Se ◽  
The United Nations ◽  
International Sale Of Goods ◽  
International Sales

The United Nations Convention on Contracts for the International Sale of Goods (‘CISG’) is an international sales law treaty concluded in 1980 and drafted with traditional (physical) goods trade in mind. While a significant body of scholarship has addressed its capacity to govern electronic software transactions, only limited commentary has explored the CISG’s digital application beyond software per se. ‘To Boldly Go, Part I’, this article’s counterpart, developed a specific legal framework for assessing the CISG’s capacity to regulate international trade in non-software data. This article now applies that framework, confirming the CISG is capable of governing non-software data trade, and uses that framework to resolve the currently unsettled question of whether cryptocurrency trade falls within the CISG’s scope. Since non-software data trade is becoming increasingly economically important, this article’s conclusions stand to benefit data traders as well as the practitioners advising them.

‘Forum Shopping’ Despite international uniform Contract law Conventions

2002 ◽  
Vol 51 (3) ◽  
pp. 689-707 ◽  
Author(s):  
Franco Ferrari
Keyword(s):  
United Nations ◽  
Geneva Convention ◽  
Contract Law ◽  
Forum Shopping ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
International Factoring ◽  
Substantive Law

One of the asserted advantages and goals of the unification of substantive law lies in the prevention of ‘forum shopping’,1 ie the lawyer's act of seeking the forum that is most beneficial to his client's interest.2 This has been pointed out not only in discussions on unification of law in general,3 but also in discussions on specific international uniform contract law conventions, such as the United Nations Convention on Contracts for the International Sale of Goods4 (hereinafter CISG),5 the Geneva Convention on the Contract for the International Carriage of Goods by Road6 (hereinafter CMR)7 and the UNIDROIT Convention on International Factoring8 (hereinafter IFC).9

Choice of Law Under the International Sales Convention: A U.S. Perspective

1983 ◽  
Vol 77 (3) ◽  
pp. 521-540 ◽  
Author(s):  
Isaak I. Dore
Keyword(s):  
United Nations ◽  
Choice Of Law ◽  
Uniform Law ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
International Sales

The United Nations Convention on Contracts for the International Sale of Goods was adopted on April 10, 1980. The chief reason for its adoption was that the prior Uniform Law on the International Sale of Goods (ULIS) and its supplementary Convention relating to a Uniform Law on the Formation of Contracts for the International Sale of Goods (ULF) had not received widespread support.

scholarly journals Revisiting Barter under the CISG

2010 ◽  
Vol 29 (1) ◽  
Author(s):  
Andrew J Horowitz
Keyword(s):  
International Trade ◽  
United Nations ◽  
International Organizations ◽  
Trade Law ◽  
International Trade Law ◽  
Uniform Law ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sales ◽  
Domestic Level

As the United Nations Commission on International Trade Law (hereinafter “UNCITRAL”) circulated a draft of what eventually became the United Nations Convention on Contracts for the International Sales of Goods (hereinafter “CISG”), it examined the need for uniform law with respect to barter transactions. At that time in 1978, various international organizations were concerned that, while barter transactions were infrequent at the domestic level, such transactions carried growing importance in international trade.

scholarly journals Freedom of Contract: Comparison Between Provisions of the CISG (Article 6) and Counterpart Provisions of the PECL

2017 ◽  
Author(s):  
Ulrich G. Schroeter
Keyword(s):  
United Nations ◽  
Contract Law ◽  
Commercial Law ◽  
European Contract ◽  
Freedom Of Contract ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
European Contract Law ◽  
Court Practice

6 Vindobona Journal of International Commercial Law and Arbitration (2002), pp. 257-266The parties' freedom of contract ranks as one of the most important general principles embodied in the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) as well as in a number of other sets of rules pertaining to international commercial law. The present paper analyzes if and how the Principles of European Contract Law (PECL) may be used in order to interpret Article 6 CISG (the provision in the Sales Convention that deals with the freedom of contract) and discusses some pertinent problems that have arisen in court practice in this area.

Logical Structure of Contract Law System - For Constructing a Knowledge Base of the United Nations Convention on Contracts for the International Sale of Goods -

1998 ◽  
Vol 2 (1) ◽  
pp. 2-11 ◽  
Author(s):  
Hajime Yoshino ◽  
Keyword(s):  
United Nations ◽  
Knowledge Base ◽  
Logical Structure ◽  
Contract Law ◽  
Deductive System ◽  
Law System ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
State Of Affairs

In order to construct a deductive legal knowledge base, it is necessary first to clarify the structure of the law as a deductive system from which a legal judgement can be justified as a conclusion of logical deduction together with relevant facts. As the legal state of affairs changes according to the time progress of an event, a clarified logical model of law is necessary to enable us to deduce changes among legal relationships over time from the beginning to the end of a case. This study presents such a model based on Logical Jurisprudence, in which the relationship between legal sentences and the legal meta sentences regulating the validity of legal sentences plays a definitive role. The model is applied to the United Nations Convention on Contracts for the International Sale of Goods (CISG) to develop a deductive knowledge base. The deductive structure of the contract law is clarified so that appropriate answers are deduced to questions about legal state of affairs at any time point as a results of the application of CISG provisions to a concrete case.

To Boldly Go, Part I: Developing a Specific Legal Framework for Assessing the Regulation of International Data Trade under the CISG

2021 ◽  
Vol 44 (3) ◽  
Author(s):  
Benjamin Hayward
Keyword(s):  
International Trade ◽  
United Nations ◽  
Legal Framework ◽  
International Data ◽  
United Nations Convention ◽  
Per Se ◽  
The United Nations ◽  
International Sale Of Goods ◽  
International Sales

The United Nations Convention on Contracts for the International Sale of Goods (‘CISG’) is an international sales law treaty concluded in 1980. Given its vintage, the CISG was drafted with traditional (physical) goods trade in mind. A significant body of scholarship has addressed the CISG’s capacity to govern electronic software transactions. However, only limited commentary has explored its digital application beyond software per se. This article develops a specific legal framework for assessing the CISG’s capacity to regulate international trade in non-software data: a framework so far missing from existing scholarship. ‘To Boldly Go, Part II’, this article’s counterpart, will go on to apply this framework to non-software data trade. Collectively, these articles establish that the CISG is capable of governing not only software trade (as previously established) but also trade in non-software data: a category of trade becoming increasingly economically important.

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