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Analyse the compromises made in the Vienna Convention between common law and civil law approaches to contract formation - Essay Example

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Virtually from the time that human beings have realized that it is well nigh impossible to produce everything in their own backyards, international sale of goods has become a necessity. Historically fraught with difficulty, given both the natural perils of the sea or other modes of travel and human error, legal systems have deemed it imperative to come up with rules to govern and protect not only international commerce so as to ensure its continued viability, but also the players involved - spelling out with no shortage of details the latter's rights and responsibilities…
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Analyse the compromises made in the Vienna Convention between common law and civil law approaches to contract formation
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Download file to see previous pages Many of the principles of international mercantile law were derived from the early rules and traditions formulated in the Middle Ages.2
However, with regard to the unification of laws and the harmonization of principles that govern transnational commerce and in particular, the international sale of goods, serious efforts were undertaken only in the 1930s. The first draft of a uniform law on international sale of goods was developed in 1935, World political events intervened - in particular, the Second World War - and it was only in 1964 when two conventions were approved in a conference at The Hague. These conventions were the Uniform Law on the International Sale of Goods ("ULIS") and the Uniform Law on the Formation of Contracts for the International Sale of Goods ("ULF").
Unfortuna...
Many states were not comfortable with the influence of the civil law traditions of Western Europe3 . The failure of these two conventions made one conclusion inescapable: to achieve uniformity and harmonization of the principles governing the international sale of goods, there must be widespread concurrence from a vast majority of state-actors.4
The road towards a unified law was long and arduous. Two years after the conferences at the Hague, the United Nations established the United Nations Commission on International Trade Law (UNCITRAL). However, it took ten years before the UNCITRAL released the 1978 Draft Convention. Perhaps the circumstances were a little different than they were in 1968, and there was a growing realization of the imperative to come up with rules that harmonize international trade law. In 1980, 62 countries came together in a conference in Vienna and, after some debate, approved unanimously the Convention on the International Sale of Goods (CISG). In 1988, the CISG finally came into force. The prefatory statement of the CISG illuminates us as to the overarching goals of the Convention:

''THE STATES PARTIES TO THIS CONVENTION,
BEARING IN MIND the broad objectives in the resolution adopted by the sixth special session of the General Assembly of the United Nations on the establishment of a New International Economic Order,
CONSIDERING that the development of international trade on the basis of equality and mutual benefit is an important element in promoting friendly relations among States,
BEING OF THE OPINION that the adoption of uniform rules which govern contracts for the international sale of goods and take ...Download file to see next pagesRead More
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