scholarly journals CISG Through the Willem C Vis Moot casebook: Seventeen Years of the CISG Evolution Explored Through Annual Global Discussion

2021 ◽  
Author(s):  
◽  
Ana Barbara Baide
Keyword(s):  
United Nations ◽  
Global Event ◽  
The Past ◽  
Current State ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods

<p>This paper explores the evolution of the United Nations Convention on the International Sale of Goods (referred to throughout the text as the "CISG" or the "Convention") jurisprudence through the Willem C Vis Moot ("Vis Moot") casebook. It analyses the CISG issues raised and explored in the seventeen years of the Willem C Vis Moot and draws out notable trends and key themes. Upon the analysis of the trends and themes which have arisen over the past seventeen years, the dissertation discusses how the Vis Moot problems, as well as the winning memoranda, reflect and encapsulate the evolution and developments in the worldwide application and interpretation of the CISG in those areas. The analysis of the Vis Moot problems is thus used as a tool to consider the worldwide jurisprudential developments on the CISG over the past two decades, and identify both those aspects of the Convention that have benefited from considerable analysis, and where comprehensive jurisprudence has already developed, as well as the "gap" areas where further work is required in order to ensure the CISG evolves alongside technological, social, political and legal developments affecting international sale of goods contracts. The dissertation concludes by drawing out the notable trends illustrated by, and set against the backdrop of, the Vis Moot casebook, and the consequent implications of such trends on the current state ofCISG jurisprudence. In particular, these trends and outcomes are assessed as against the overall spirit of the Convention and its goal of achieving, or seeking to achieve, uniform application of rules on international sale of goods contracts. This assessment seeks to capture how this goal of uniformity has been achieved to-date, and where the upcoming challenges may lie in the coming years. Finally, the paper considers the overall importance and impact of the Vis Moot, as an annual global event with manifold benefits, on the interpretation, promotion and development of the CISG.</p>

scholarly journals CISG Through the Willem C Vis Moot casebook: Seventeen Years of the CISG Evolution Explored Through Annual Global Discussion

2021 ◽  
Author(s):  
◽  
Ana Barbara Baide
Keyword(s):  
United Nations ◽  
Global Event ◽  
The Past ◽  
Current State ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods

<p>This paper explores the evolution of the United Nations Convention on the International Sale of Goods (referred to throughout the text as the "CISG" or the "Convention") jurisprudence through the Willem C Vis Moot ("Vis Moot") casebook. It analyses the CISG issues raised and explored in the seventeen years of the Willem C Vis Moot and draws out notable trends and key themes. Upon the analysis of the trends and themes which have arisen over the past seventeen years, the dissertation discusses how the Vis Moot problems, as well as the winning memoranda, reflect and encapsulate the evolution and developments in the worldwide application and interpretation of the CISG in those areas. The analysis of the Vis Moot problems is thus used as a tool to consider the worldwide jurisprudential developments on the CISG over the past two decades, and identify both those aspects of the Convention that have benefited from considerable analysis, and where comprehensive jurisprudence has already developed, as well as the "gap" areas where further work is required in order to ensure the CISG evolves alongside technological, social, political and legal developments affecting international sale of goods contracts. The dissertation concludes by drawing out the notable trends illustrated by, and set against the backdrop of, the Vis Moot casebook, and the consequent implications of such trends on the current state ofCISG jurisprudence. In particular, these trends and outcomes are assessed as against the overall spirit of the Convention and its goal of achieving, or seeking to achieve, uniform application of rules on international sale of goods contracts. This assessment seeks to capture how this goal of uniformity has been achieved to-date, and where the upcoming challenges may lie in the coming years. Finally, the paper considers the overall importance and impact of the Vis Moot, as an annual global event with manifold benefits, on the interpretation, promotion and development of the CISG.</p>

Australia and People Seeking Asylum who Arrive by Boat

2018 ◽  
pp. 518-536
Author(s):  
Caroline Fleay
Keyword(s):  
Political Parties ◽  
United Nations ◽  
Government Policies ◽  
The Past ◽  
The People ◽  
The Status ◽  
Repeated Use ◽  
United Nations Convention ◽  
The United Nations

Throughout the past forty years various leaders from both major political parties in Australia have categorized the arrival by boat of people seeking asylum as a “crisis” and the people themselves as “illegal.” This is despite Australia being a signatory to the United Nations Convention Relating to the Status of Refugees, and receiving relatively few people who seek asylum compared with many other countries. Punitive government policies and processes have further reinforced these representations, such that “crisis” and “illegal” can now be understood as both categories of analysis and practice. The repeated use of such categories may be helping to produce and reproduce prejudice and racism and obscure the needs and experiences of people seeking asylum.

Reimagining transnational validity under the CISG

2018 ◽  
Vol 17 (3) ◽  
pp. 156-168
Author(s):  
Ndubuisi Nwafor ◽  
Collins Ajibo ◽  
Chidi Lloyd
Keyword(s):  
United Nations ◽  
Design Methodology ◽  
Conceptual Approach ◽  
Content Type ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
Analytical Approaches

Purpose The aims and objectives of the United Nations Convention on Contracts for the International Sale of Goods (CISG) have been defeated by the intrusion of domestic laws of different contracting states in the interpretation of the provisions of this Convention. One of the most abused channels of this un-uniform interpretation is through art 4 of the CISG, which excludes the matters of validity and property from the Convention’s jurisdiction. This paper, therefore, aims to critically analyze the dangers of unsystematic reliance on the domestic laws in the interpretation of art 4 of the CISG on matters involving transnational validity and property. Design/methodology/approach The paper will use doctrinal methodology with critical and analytical approaches. The paper will incisively study the doctrines, theories and principles of law associated with validity of commercial contracts and the implications of exclusion of the doctrine of “validity” under the CISG. Findings The findings and contribution to knowledge will be by way of canvassing for a uniform transnational validity doctrine that will streamline and position the CISG to serve as a uniform international commercial convention. Originality/value This paper adopted a conceptual approach. Even though the paper ventilated the views of many writers on the issue of application of the doctrine of validity under the CISG, the paper, however, carved its own niche by making original recommendations on how to create a uniform validity jurisprudence under the CISG.

AVOIDANCE FOR FUNDAMENTAL BREACH OF CONTRACT UNDER THE UN CONVENTION ON THE INTERNATIONAL SALE OF GOODS

2010 ◽  
Vol 59 (4) ◽  
pp. 911-940 ◽  
Author(s):  
Michael Bridge
Keyword(s):  
United Kingdom ◽  
United Nations ◽  
Breach Of Contract ◽  
National Courts ◽  
The United Kingdom ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods

AbstractThis article deals with the avoidance of contracts for non-performance under the United Nations Convention on the International Sale of Goods 1980, which has been adopted by more than 70 States, though not yet by the United Kingdom. It critically analyzes the text of the Convention, and measures the contributions of national courts for fidelity to the text of the Convention and compatibility with the purposes served by that text.

Ch.7 Non-performance, s.4: Damages, Introduction to Section 7.4 of the PICC

2015 ◽  
Author(s):  
McKendrick Ewan
Keyword(s):  
United Nations ◽  
The Other ◽  
Limiting Factor ◽  
Notable Feature ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
The Right

Section 7.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) is concerned with remedy of damages. It covers the right to recover damages in the event of non-performance as well as the measure of damages, particularly the use of foreseeability as a limiting factor on the recoverability of damages. A notable feature of Section 7.4 is that the entitlement to recover damages is not linked to any notion of fault, nor to any system of notification of the defaulting party. Instead, the right arises on non-performance by the other party to the contract unless the non-performance is excused. The articles in Section 7.4 build upon, and in places develop, the rules to be found in the United Nations Convention on Contracts for the International Sale of Goods (CISG).

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