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VOL. 11, ISSUE 5 (2025)
The CISG and global trade: Regulating commercial transactions under private international law
Authors
Kalyani Jayasekera
Abstract
The United Nations Convention on Contracts for the International Sale
of Goods (CISG) plays a pivotal role in shaping the legal landscape of
international commercial transactions within the broader framework of private
international law. As a cornerstone instrument, the CISG seeks to harmonize and
unify the substantive rules governing cross-border sales contracts, thereby
reducing legal uncertainty and fostering greater efficiency and predictability
in global trade. Importantly, the CISG functions as a codified set of
international legal norms that reflect customary commercial practices, helping
to bridge the differences between civil law and common law traditions. This
article critically examines the significance of the CISG in facilitating
international commerce by providing a consistent and adaptable legal framework
applicable across diverse legal systems. It addresses how the Convention has
been instrumental in minimizing legal controversies and disputes traditionally
associated with private international law, such as jurisdictional conflicts and
choice of law complexities. Despite its wide adoption and recognized value to
legal practitioners, scholars, and business entities, the CISG continues to
face challenges that limit its broader effectiveness. These include its complex
and sometimes ambiguous legal language, the limited scope of its application-particularly
in relation to consumer contracts and services-and the uneven implementation
and interpretation among contracting states. Furthermore, the rapid development
of digital technologies and the evolving nature of international trade create
additional pressures on the Convention to remain current and responsive. The
study employs a doctrinal research methodology, drawing on primary legal
sources such as the text of the CISG, case law, and international legal
instruments, as well as secondary sources including academic commentary and
comparative legal analysis. Through this approach, the article identifies both
theoretical and practical shortcomings of the CISG and proposes potential
pathways for reform. It emphasizes the need for enhanced international cooperation
and the modernization of legal instruments to align with the dynamic nature of
global commerce. Ultimately, the article contributes to the broader discourse
on private international law by arguing that while the CISG has made
significant strides in harmonizing international sales law, continued efforts
are necessary to address its limitations and to ensure its sustained relevance
in regulating complex transnational commercial relationships in the 21st
century.
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Pages:42-45
How to cite this article:
Kalyani Jayasekera "The CISG and global trade: Regulating commercial transactions under private international law". International Journal of Law, Vol 11, Issue 5, 2025, Pages 42-45
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