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

Nwafor, Ndubuisi; Ajibo, Collins; Lloyd, Chidi

Abstract

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 validity and property from the Convention’s 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 validity and property. Design/methodology/approach: The paper will use doctrinal methodology with critical and analytical approaches. The paper will incisively study the doctrines, theories and principles of law associated with validity of commercial contracts and the implications of exclusion of the doctrine of “validity” under the CISG. Findings: The findings and contribution to knowledge will be by way of canvassing for a uniform transnational validity doctrine that will streamline and position the CISG to serve as a uniform international commercial convention. 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 jurisprudence under the CISG.

• Journal Article Type: Article
• Online Publication Date: Oct 26, 2018
• Publication Date: Oct 30, 2018
• Deposit Date: Dec 24, 2023
• Journal: Journal of International Trade Law and Policy
• Print ISSN: 1477-0024
• Publisher: Emerald
• Peer Reviewed: Peer Reviewed
• Volume: 17
• Issue: 3
• Pages: 156-168
• DOI: https://doi.org/10.1108/JITLP-06-2017-0021
• Public URL: https://uwe-repository.worktribe.com/output/11469764