International Commercial Law

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INTRODUCTION
International trade and investment are commercial operations of critical importance for economic development that pose peculiar legal challenges. Cross-border transactions require the conclusion of several contracts (e.g., relating to sale of goods, transport, financing, dispute resolution), each of them with one or more foreign element; international investments demand a dedicated legal framework to ensure predictability of their various phases . The adoption of a uniform commercial text is commonly seen as the most effective method to ensure that modern, efficient and predictable legislation is enacted. Recognising such needs, the sale of goods contracts are widely recognised as the backbone of international trade and therefore attempts to make a uniform commercial text started as early as 1930. The CISG is the culmination of decades of negotiations and discussions over the harmonization of international sales law.
The CISG is a multilateral treaty that governs the rights and obligations of parties to international sales contracts. This convention was set out as one that would create uniform rules to govern contracts for the international sale of goods thus removing legal barriers in international trade. The CISG came into force over 30 years ago in 1980. The CISG has, of September 2013, been ratified by 80 states across the world. It has been widely claimed in academic literature to be one of the most successful harmonisation projects in the field of international commercial law.
The EAC is Regional organization of whose member states are Kenya, Uganda, Tanzania, Rwanda and Burundi. “The Treaty for the Establishment of the East African Community was signed in Arusha on 30 November 1999. The Treaty entered ...

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...states. Many scholars have pointed out the fact that there are some issues that the regional sales law addresses that are not addresses by the CISG. One of the authors in the book, Ferrari argues that “there is no reason ‘to believe that in those regions and countries where the CISG is in force, there can be no room for regional unification efforts.” As such from the arguments made above it would be safe to conclude that the enactment of a regional sale of goods act would not be better but that it would be possible to enact regional sales of goods act and at the same time adopt the CISG. Both instruments have their strengths and by adopting the CISG it does not mean that states cannot enact a regional sales law instrument. It would enable the member of the EAC to have the best of both worlds so to speak and would be of great benefit to the member states of the EAC.

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