Reimagining transnational validity under the CISG. A gateway to “homeward trend” interpretations

Author:Ndubuisi Nwafor, Collins Ajibo, Chidi Lloyd
Position:Faculty of Law, University of Nigeria, Enugu Campus, Enugu, Nigeria
Pages:156-168
SUMMARY

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 ... (see full summary)

 
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Reimagining transnational
validity under the CISG
A gateway to homeward trendinterpretations
Ndubuisi Nwafor,Collins Ajibo and Chidi Lloyd
Faculty of Law, University of Nigeria, Enugu Campus, Enugu, Nigeria
Abstract
Purpose The aims and objectivesof the United Nations Convention on Contracts for the International Sale
of Goods (CISG) have been defeated by theintrusion 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
Conventions 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
validityand property.
Design/methodology/approach The paper willuse doctrinal methodology with criticaland analytical
approaches. The paper will incisively study the doctrines, theories and principles of law associated with
validityof commercial contracts and the implications of exclusionof the doctrine of validityunder the CISG.
Findings The ndings and contribution to knowledge will be by way of canvassing for a uniform
transnational validitydoctrine that will streamline and position the CISG to serve as a uniform international
commercialconvention.
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
jurisprudenceunder the CISG.
Keywords Validity, Transnational, CISG, Commercial contract, UNIDROIT, Uniform convention
Paper type Conceptual paper
1. Introduction
The fundamental objective of any uniform supranational law lies with the necessity for the
propagation and promotion of one body of law that will oversee similar activities/
transactions in all contractingstates and to serve as a catalyst for law reform and revision in
an area where common ground has been found among contractingstates. This is the virtue
canvassed and entrenched in the United Nations Convention on the Contracts for the
International Sale of Goods (CISG)[1](Lookofsky, 1991). The CISG is not a holistic
Convention[2]its uniformitymantra stops where its limitations of scope start; in addition
to providing rules that aid the homogenousapplication of the CISG, arts 1-6 of the CISG also
contain rules that decisively and without doubt manacled the scope of application of the
Convention.
These limitation rules are put in placebecause they preserve the sovereignty of domestic
laws of sale, which apply side by side withthe CISG[3](Observations of the Governmentof
Federal German Republic, 1956) in certaincontexts. It goes without saying then that certain
rules contained therein in the CISG have opened up a gateway to homeward trend(John,
1989) interpretations of the CISG in line with the autochthonousor home-grown ingredients
of the various domestic laws.
JITLP
17,3
156
Received24 June 2017
Revised29 November 2017
Accepted30 July 2018
Journalof International Trade
Lawand Policy
Vol.17 No. 3, 2018
pp. 156-168
© Emerald Publishing Limited
1477-0024
DOI 10.1108/JITLP-06-2017-0021
The current issue and full text archive of this journal is available on Emerald Insight at:
www.emeraldinsight.com/1477-0024.htm

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