Feasibility and desirability for the modernization of the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG)

Abstract

The thesis represents a legal analysis on desirability and feasibility for the modernization of the 1980 United Nations Convention on the Contracts for the International Sale of Goods. Therefore, the desirability for the modernization is evaluating though the analyses of issues related to general problems in the application (uniform interpretation, concurrent remedies, battle of forms), deficient problems of the CISG (validity, hardship and electronic commerce), and analyses of exclusion of the CISG by contracting parties. Moreover, in order to evaluate feasibility for the modernization of the Convention new ways and directions of new global perspectives, are taken into account, namely it is made through the glance of Swiss Proposal of new global initiative and the latest opinions of scholars, official organizations, such as UNCITRAL, State Department`s Advisory Committee on Private International Law, and Executive Committee of the Uniform Law Commission (ULC). From practical side, this thesis provides analysis on the desirability for modernization, which is highly important in order to understand whether the old CISG needs changes, and an analysis on feasibilities that create a fresh look on how and in what direction such changes can be made.