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KLRI-UNCITRAL Joint Research : Perspectives and Trends(Ⅵ) CISG Implementation in Asia and the Pacific

Title
KLRI-UNCITRAL Joint Research : Perspectives and Trends(Ⅵ) CISG Implementation in Asia and the Pacific
Author(s)
Lisa Spagnolo
Publication Year
2013
Publisher
한국법제연구원
Keyword
CISG; Vienna Sales Law; Convention on Contracts for the International Sale of Goods; harmonized law; economic effect of the law; implementation of law; contract law; sales law; Asia Pacific region
Type
Research Report
Series/no
글로벌법제전략 연구, 13-22-8-6
Language
eng
Extent
150
URI
http://www.klri.re.kr:9090/handle/2017.oak/3668
Abstract
The United Nations Convention on Contract for the International Sale of Goods (CISG; Vienna Sales Law) has been increasingly adopted throughout the world. This report focuses on its reception within the Asia Pacific region. To this end, the report examines a wide range of matters, including the background of commercial law in the Asian Pacific region; the extent to which the CISG has already been, or is about to be, adopted; and regional trends affecting the speed of its adoption. This report also considers the CISG’s technical implementation, its comparative efficiency, and practical problems in regards to its exclusion and use amongst contracting parties. It examines the data available for testing any economic impact of the CISG’s implementation in the region, and considers its role in regional multilateral and bilateral trade agreements. The report concludes that the CISG may have already had a positive economic effect in the region, and that regional adoption trends may in part explain its slow initial reception within the Asia Pacific region. Other behavioural economic reasons explain some less than optimal trends in the CISG’s use amongst contracting parties, and this report recommends technical measures be implemented alongside formal adoption to maximize any potential economic benefits. Finally, this report recommends a co-ordinated approach towards ratification and indeed national law reform facilitated by future regional trade agreements.
Table Of Contents
Ⅰ. Introduction: Outline of the Study, Scope and Methodology 11


Ⅱ. Background and Influences on Commercial Law inAsia and the Pacific 15


Ⅲ. Examination of Adoption of CISG within Asia Pacificand the Pacific and Its Implementation 47


Ⅳ. Efficiency of CISG for Contracting Parties in theRegion 63


Ⅴ. Economic Impact of the CISG on International Tradein the Region 73


Ⅵ. The CISG, Geographical Trends, Regional Trade Agreements and Regional Harmonization Efforts 87


Ⅶ. Influence on Domestic Law in Asia and the Pacific 105


Ⅷ. Conclusions and Recommendations 113


References 117
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