International Sales of Goods: Summary, Discussion, and Analysis

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This discussion post summarizes the key points regarding international sales of goods. The solution highlights the importance of international trade law and the need for uniform rules to mitigate risks in foreign trade. It emphasizes the role of international contracts like the CISG and organizations such as UNCITRAL in establishing a global framework. The summary discusses the CISG's provisions on risk transfer (Articles 31-34, 66-70) and buyer protection (Article 42). The author also references the importance of the sales contract in various legal systems and agrees that CISG provides a uniform framework for contracting parties. The post also reflects on the issues raised by fellow students concerning the CISG's provisions. The provided bibliography includes references to key texts and online resources to support the discussion.
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Running Head: INTERNATIONAL SALES OF GOODS: SUMMARY
International Sales of Goods: Summary of Discussion
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INTERNATIONAL SALES OF GOODS: SUMMARY
Sumary:
International sale of goods is defined as “international trade transactions for the exportation of
goods and services from one country to another.”1 Due to the range of issues international traders
face when trading, solutions were much needed to mitigate the risks involved in foreign trade to
avoid disputes over trade related matters and the contracts entered into between various States.
Traders should not depend on specific domestic legal systems and to refer to international
contracts, such as the UN Convention or the Convention of Contracts for International Sale of
Goods for international sale of goods between parties. International trade law has various
organisations to help international organisations have a uniform set of rules. These include
intergovernmental, regional, and non-governmental organisations. The problems for the effective
working of unified law can be divided into two categories 2: The first deals with the problems
arising out of the relationship between the States and the instruments. The second deals with the
issues arising between the instruments themselves.
The United Nations Commission on International Trade Law (UNCITRAL)3 was established by
the United Nations in an attempt to modernize and stabilize laws related to global trade. It works
through various conventions, model laws and rules and regulations which are globally accepted.
1 Carole Murray, David Holloway and Darren Timson-Hunt, Schmitthoff on the Law and Practice of International
Trade (12th edn, Sweet & Maxwell 2012) 2, 57.
2 SCHWENZER, Ingeborg & HACHEM, Pascal & KEE, Christopher, Global Sales and Contract Law, Oxford,
Oxford University Press, 2012.
3 (Uncitral.org, 2019) <https://www.uncitral.org/pdf/english/congress/Papers_for_Programme/4-
DE_ABREU_COUTINHO_BOSCOLO-Problems_on_harmonization_of_international_commercial_law.pdf>
accessed 12 August 2019
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INTERNATIONAL SALES OF GOODS: SUMMARY
It also includes the guides to the legal principles and its effective application, along with
recommendations and updated information about the case laws and other legislative reforms. The
Convention of Contracts for International Sale of Goods (CISG) or the Vienna Convention was
created to provide a uniform framework of rules and regulations between contracting parties.4
Articles 31-34 and 66-70 of the CISG talks about the passing of risks once contract of sale is in
force. Article 42 also talks about how the buyer is protected by general principles.
4 Peter Schlechtriem, Commentary on the U.N. Convention on the International sale of Goods , Translated by
Geoffrey Thomas , 2nd ed. , Oxford University Press , 1998
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INTERNATIONAL SALES OF GOODS: SUMMARY
Bibliography:
SCHWENZER, Ingeborg & HACHEM, Pascal & KEE, Christopher, Global Sales and Contract Law, Oxford,
Oxford University Press, 2012.
Carole Murray, David Holloway and Darren Timson-Hunt, Schmitthoff on the Law and Practice of International
Trade (12th edn, Sweet & Maxwell 2012) 2, 57.
(Uncitral.org, 2019) <https://www.uncitral.org/pdf/english/congress/Papers_for_Programme/4-
DE_ABREU_COUTINHO_BOSCOLO-Problems_on_harmonization_of_international_commercial_law.pdf>
accessed 12 August 2019
Peter Schlechtriem, Commentary on the U.N. Convention on the International sale of Goods , Translated by
Geoffrey Thomas , 2nd ed. , Oxford University Press , 1998
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