Towards a new CISG. The prospective convention on the international sale of goods and services / Leandro Tripodi.

Towards a New CISG: The Prospective Convention on the International Sale of Goods and Services; Copyright; Dedication; Contents; Foreword; Acknowledgments; List of Abbreviations; 1: Introduction; 1.1 Uniform Sales Law and the Changed Circumstances of International Trade; 1.2 The Challenge of Renovating The CISG; 2: Aging of the CISG: Grounds for the Need of Renovation; 2.1 The Quest for an Appeal to Renovate the CISG; 2.1.1 The Swiss Proposal: A Claim to Renovate the CISG?; 2.1.2 The Appeal that Resulted in the CISG; 2.2 Criticism of the Convention; 2.2.1 Formation of the Contract.

2.2.2 Obligations of the Parties2.3 CISG and the Servitization of Goods; 2.3.1 The Erratic Balance between the Goods and the Service Components; 2.3.2 The Concept of Purpose in Article 35 CISG; 2.3.3 Non-servitized Goods and the CISG; 3: The Place of the CISG in International Trade Law; 3.1 Place of International Cooperation in the 21st-Century World; 3.1.1 States Continue to Play a Key Role in Global Politics; 3.1.2 States Remain the Primary Subjects of International Law; 3.2 Role and Purposes of the CISG; 3.2.1 The CISG as Hard Law; 3.2.2 The CISG as Soft Law.

3.2.3 The CISG vis-à-vis the idea of a Global Commercial Code3.3 Relationship with other Norms of International Commerce; 4: Possible Avenues to a Renovation of the CISG: The Way Forward; 4.1 Reform by Amending Protocol; 4.1.1 Notification and Need of Agreement by Current Contracting Parties as to an Amendment Proposal; 4.1.2 Separation of CISG Parties into "Protocol States" and "Non-protocol States"; 4.1.3 Newly Acceding Parties in Relation to "Pre-protocol States"; 4.2 Supplementation by Other Instruments on Ad-Hoc Subjects; 4.2.1 The UNECIC as a Supplementing Text to the CISG.

4.2.2 Comparison with Framework and Umbrella Agreements4.2.3 Comparison with the Warsaw Regime; 4.3 Model Law on Obligations; 4.4 Other Approaches: Uncitral Recommendations and National Centers of Expertise; 4.5 New Convention on the International Sale of Goods and Services; 4.5.1 The Creation of a Joint Working Group; 4.5.2 Preparation of a Draft Text for the CISGS; 4.5.3 Invitation to Governments and the Public to Comment on the Draft; 4.5.4 Consolidation of Inputs and Preparation of a Final Draft; 4.5.5 The Diplomatic Conference.

5: Salient Features of a New Convention on International Sales5.1 Ensuring the Usefulness of the Resulting Text; 5.2 Articulation of Multiple Sources; 5.3 Uniformity and Proper Application; 5.3.1 Institutional Framework; 5.3.2 Kernel Uniformity; 5.3.3 Forum Matters; 5.4 New Approach to Contract Formation and the Obligations of the Parties; 5.5 Unified Approach towards Goods and Services; 5.5.1 The Drafting of Two Separate Conventions or of Two Independent Parts in a Single Convention; 5.5.2 The Drafting of a Convention on the International Sale of Goods and Certain Services Attached Thereto.

Leandro Tripodi discusses the aging and need for renovation of the 1980 Vienna Sales Convention. Changes in global political circumstances and to the economy of international sales of goods have rendered the 1980 CISG a dated legal instrument. Its recognized flexibility is not sufficient to cope with past and, especially, with future changes brought about by the introduction of new technologies affecting all kinds of goods subject to trade. 0In light of the challenges posed by 21st-century commerce, Tripodi proposes the adoption of a Convention on the International Sale of Goods and Services (CISGS). The idea of a new convention is based on the following facts: 1) goods and services are no longer as distinguishable as they were in 1980; 2) sales of goods and sales (i.e., the provision) of services are not as easy to apportion as the CISG supposes and can hardly continue to be treated separately by the legal sources of international trade.

Includes bibliographical references (pages 168-188) and index.

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