ABSTRACT
In the wake of the Coronavirus pandemic and the UK’s departure from the EU, the UK has found itself in financial turmoil. While leading economies across the globe have recovered significantly, the UK appears to be left behind. Notably, the UK remains the only state amongst all the G7 economies to have yet to ratify the United Nations Convention on Contracts for the International Sale of Goods (CISG). Upon making this observation, this paper aims to explore the possibility, potential and need for the UK to ratify the CISG as a way out of the current financial crisis and to foster future economic development. To do so, this paper looks to analyse prominent arguments for and against the Convention in the context of England and Wales, as well as shed light on the compatibility concerns and major contradictions between English law and the Convention. The merits of ratification of the Convention are examined by considering general arguments made for the Convention and the specific pros and cons of its adoption in England and Wales. This paper also looks at the political aspect of CISG ratification as to analyse the possibility of such. As a result, this paper argues that while the CISG has established a significant international presence, and has shown promising potential, it must go through more discussion, refining and scrutiny before it can be considered complete and mature. At the moment, there appears to be little urgency for the ratification of an incomplete law when English law, though not without its problems, is far more developed and complete than the CISG.
Ng, Sui To, CISG in England and Wales: The Way Forward? – A Legal Analysis of the Possibility and Implications of CISG Ratification in England and Wales (July 19, 2023).
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