CISG and OHADA Sales Law: Or the Relationship Between Global and Regional Sales Law
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Description
As one can easily gather from the title of this paper, this paper does not purport to compare the substantive provisions of the United Nations Convention on Contracts for the International Sale of Goods, (hereinafter, the “CISG”), with those of the new OHADA Act relating to General Commercial Law adopted on 15 December 2010 (hereinafter, the “OHADA Act”). Rather, this paper will focus on a more general question that is triggered by regional unification efforts, such as those undertaken by OHADA, that touch upon issues dealt with by the CISG, namely that of whether such regional unification efforts can at all be justified in light of the CISG and its supposedly universal reach, which seems to render any regional unification effort superfluous. As this paper will show, despite the CISG’s supposedly universal reach which seems to preclude regional unification efforts from being relevant at all, there is still (a lot of) room for regional unification efforts. The most obvious reason is that, despite the CISG’s success and its supposedly universal reach, the CISG does not really constitute a “universal” or “global” law, as the CISG, like any other uniform law convention, is not in force in every country in the world. As a consequence, the non-contracting States to the CISG can undertake regional unification efforts without having to be wary of violating a treaty obligation arising from being contracting States to the CISG.
Source Publication
CISG vs. Regional Sales Law Unification: With a Focus on the New Common European Sales Law
Source Editors/Authors
Ulrich Magnus
Publication Date
2012
Recommended Citation
Ferrari, Franco, "CISG and OHADA Sales Law: Or the Relationship Between Global and Regional Sales Law" (2012). Faculty Chapters. 571.
https://gretchen.law.nyu.edu/fac-chapt/571
