The Transformation of the UN Convention on Contracts for the International Sale of Goods (CISG) into the UK Legal Order: Two Legislative Models

Abstract

A number of common law countries such as Canada, New Zealand and the United States have already successfully implemented the CISG. Furthermore, leading civil law countries such as Germany and the Scandinavian countries have also implemented the UN Convention there is reason to believe that if applied by the UK, it will prove beneficial. From a political perspective, the United Kingdom reflects a negative image as being a reluctant participant in international trade law initiatives. UK law does not have a special body of rules applicable to international sales; it has a body of common rules which are not devised for international transactions. This thesis suggests that the CISG may be transformed in the UK legal order through two legislative models: 1. À la carte Model The CISG is an ‘à la carte’ Convention; provisions may be selected from the CISG in the same way we choose a meal from a restaurant’s menu. This is the à la carte model. In other words, the UK when creating the Act transforming the CISG in the UK legal order may amend the UN Convention 1980 in order to adjust it to the UK legal system. In that sense, the UK may declare at the time of ratification, according to Article 92 of the CISG, to either omit part II or III of the Convention. This model comprises of three sub-models and if implemented will be an ‘add on’ to the Sale of Goods Act 1979. 2. Parallel Model In legislative terms, the CISG could exist parallel to the Sales of Goods Act 1979, parties wishing to enter into an international transaction may conclude a contract either on CISG terms or under the Sales of Goods Act 1979. In this model a CISG Act will be required. This model will satisfy both the traders who wish to employ modern law especially designed for international contracts and those who are rather conservative and prefer to employ the old and familiar Sales of Goods Act 1979.